Terms and Conditions for
Merz Aesthetics Serendipity Journey (“MASJ”)
Pampering Kit Giveaway Contest
- These terms and conditions (“Terms and Conditions”) shall apply to “MASJ Pampering Kit Giveaway Contest” (“Contest”) organized by Merz Asia Pacific Pte. Ltd. (“Merz”). Participation in this Contest shall constitute acceptance of these Terms and Conditions and any amendments thereof.
- This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Any questions, comments or complaints regarding this Contest should be directed to Merz, not Instagram.
- Non-compliance with or breach of any of these Terms and Conditions may disqualify the participants and any prize won may be forfeited, withheld, withdrawn or reclaimed at Merz’s sole discretion and without any liability to participants.
- Entry to this Contest commences on 13 March 2020 at 12:00pm and closes on 27 March 2020 at 23:59pm (“Contest Period”). Merz reserves the rights to amend the Contest Period at any time without prior notice to any party.
- This Contest is open to all legal residents residing in Singapore and in the Philippines age 21 years old and above (as at the date of their participating entry).
- Employees of Merz and its affiliates (and their immediate family members, including spouses, children, parents and siblings), and the agencies associated with this Contest, if any, including but not limited to advertising agencies, promotions agencies, printing company or any person assisting or who are involved in this Contest are not eligible to participate in this Contest.
- Merz shall have the sole discretion to determine the eligibility of the participants and shall have the right to disqualify any ineligible participant without giving any reason thereof and without any liability to participants.
3. Contest Mechanics
- To qualify for this Contest, participants are required to complete the following steps during the Contest Period:-
- To participate in this Contest, participants must use only his/her own personal Instagram account and not any other account, including but not limited to, a work, third party or shared Instagram account. Merz reserves the right to request for certain information or otherwise to verify such participant’s personal Instagram account.
- Participants with the most creative post to be determined by Merz at its absolute discretion will win this Contest. There will be total of four (4) winners for this Contest, regardless of whether the winners are from Singapore or Philippines.
- Each eligible participant is only entitled to submit one (1) entry for this Contest. Participants shall not submit more than one (1) entry and in the event of repeated submissions, only the latest entry or submission will qualify for this Contest.
- Each winner is only entitled to one (1) MASJ Pampering Kit (“Prize”).
- The Prize is subject to (i) terms and conditions as may be imposed by Merz; and (ii) any other terms and conditions as may be imposed by the relevant partner/organization providing or sponsoring the Prize (“Prize Ts&Cs”). By accepting the Prize, the winners hereby agree to be bound by such Prize Ts&Cs.
- The winners shall not directly or indirectly resell, attempt to resell and/or allow the resale of the Prize in any manner whatsoever. A breach of this term shall constitute a material breach and shall entitle Merz to immediately withdraw or reclaim the Prize upon notice and without any liability on Merz’s part.
- The Prize, or any part thereof, are strictly not transferable or exchangeable for cash, any other item or benefit.
- Merz reserves the right, at any time in its sole and absolute discretion, to substitute, withdraw, add to, replace or alter the Prize or any part thereof without prior notice or reason to any party or assuming any liability to any party.
- Each prize is used at the sole risk of the winners.
5. Prize Collection
- The winners will be notified by Merz via Instagram message (“Notification”), within twenty-one (21) days after the Contest Period. Merz shall not be responsible or be liable for any late, lost, misdirected or unsuccessful efforts to notify the winners.
- In the event a winner fails to respond to Merz in accordance with Merz’s Notification within two (2) days after Merz’s Notification is being sent to the winner, such winner shall be deemed to have relinquished his/her entitlement to the Prize. In such an event, no further correspondence or appeal will be entertained under any circumstances and Merz will choose another winner at its absolute discretion as a replacement.
- Winner who is deemed to have waived his/her claim to the Prize hereby releases and forever discharges, all and/or any actions, claims, rights and demands that he/she may have against Merz and shall not be entitled to any compensation from Merz.
- Merz will send the Prize to winners. Winners will subsequently be contacted via Instagram message, phone or email from Merz to arrange for the sending of Prize.
- All visuals relating to this Contest or the Prize are for illustration purposes only.
- Merz’s decisions on this Contest and the winners shall be final and no correspondence or appeal to Merz will be entertained under any circumstances. In the event of a dispute, any individual’s entitlement to participate in this Contest and any participant’s entitlement to the Prize shall be subject to the sole discretion and final determination of Merz.
- Merz reserves the right at its sole discretion to add, suspend, terminate, change, modify, replace, amend or cancel this Contest or any of these Terms and Conditions, in whole or in part as it deems fit at any time and without notice or liability to any party. Any changes relating to the Contest may be posted within this platform during the Contest Period and Merz shall not be liable to any party for any losses or damages suffered or may be suffered by any party either directly or indirectly as a consequence hereof.
- It shall be at Merz’s sole discretion to determine if any of these Terms and Conditions have been breached by any participant or winner. The decision of Merz in this regard is final and conclusive.
- By participating in this Contest, participants and/or winners hereby agree to defend, release, discharge and/or hold harmless Merz, its directors, officers, employees, agents, related corporations, affiliates, representatives and third party service provider (collectively “Merz Group“) from any and all losses, damages, costs and expenses (including legal fees on an indemnity basis), demands, causes of action, claims, actions or liabilities of any nature whatsoever, whether known or unknown at the present time, whether directly or indirectly, in connection with:-
- any defects, quality, merchantability or any other aspect of the Prize;
- any acts or defaults of the sponsor, issuer, merchant and/or suppliers of the Prize;
- participants’ and/or winners’ breach or violation of any laws, regulations or Terms and Conditions of this Contest, which shall include but not limited to any claims of infringement resulting hereof;
- any accidents, theft, loss of life, injury to person, lost parcels, lost profits, revenue, business or anticipated savings, loss or damage to property and/or any other loss or liability suffered by the winners and/or his or her companion as a result of or in connection with his or her participant in this Contest, or resulting from the award, delivery, acceptance, redemption, use or enjoyment of the Prize; and/or
- any tax liabilities in relation to this Contest, Prize and/or use or enjoyment of the same.
- Merz shall have the right (but not obligated) at any time to assume the defense against any claim and all negotiations for settlement and compromise. Participants and winners agree to cooperate with Merz in such defense, if any. This provision is binding on participants and/or winners, their spouse, their children, legal representatives, heirs, successors and assigns.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore save for the Contracts (Rights of Third Parties) Act. (Cap. 53B) which shall be expressly excluded from the application hereto. The parties agree to be bound by the exclusive jurisdiction of the courts of Singapore.
7. Use of Personal Data
- conducting and administering this Contest and/or the Prize;
- sending information to participants and/or winners in relation to this Contest and/or the Prize;
- contacting participants and/or winners for the verification and administration of the Prizes; and/or
- managing your relationship with Merz in relation to this Contest.
- Participants and/or winners also acknowledge and agree that the consent here does not affect any other consent which participants and/or winners may have already given to Merz Group and their rights at law in respect of the personal data.