Please read this terms and conditions (“T&C”) carefully. By submitting your application, you agree to be bound by the T&C.
(A) The Organiser
1. The Health and Wellness Brand Awards (“Awards”) is organised by Sin Chew Media Corporation Berhad (Company No. 98702-V) and Life Magazine division, Nanyang Press Holdings Berhad (Company No. 3245-K) with their registered address at 19, Jalan Professor Khoo Kay Kim (Jalan Semangat), 46200 Petaling Jaya, Selangor (“Organizer”).
2. The Applicant is deemed to be agreeable to the terms and conditions stated herein upon submission of duly signed application form.
(B) Application
1. The Applicant is solely responsible to submit the Application Form with all the required information before the deadline. The Applicant hereby warrants and represents that all the information stated in the Application Form is true, actual and up-to-date information, failing which the Applicant agrees to hold the Organizer harmless and fully indemnify the Organizer of any losses, damages, claims, expenses, fines, penalties and fees which the Organizer may suffer.
2. The Organizer shall not be responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected application; all of which shall be void and the Applicant may be disqualified from the Awards. In the event of a dispute as to any application, the Organizer shall be the sole arbiter of such dispute and the decision of the Organizer shall be final and binding.
3. The Applicant hereby acknowledges and agrees that the Organizer may at any time request for further documents and information from the Applicant for the purposes of the Awards. The Applicant shall comply with such request made by the Organizer, failing which the Applicant’s application shall be disqualified and the Organizer shall not be liable for any losses and damages suffered by or may be suffered by the Applicant therein.
4. Incomplete or post-deadline submission of the Application Form will automatically be declined.
5. If there is any changes in the circumstances which results in changes in the information provided by the Applicant in its Application Form, the Applicant shall immediately notify the Organizer in writing of any such changes, in any event not less than 14 days after such changes in the circumstances, and the Applicant hereby agrees that the Organizer shall have the rights to thereafter determine the eligibility of the Applicant’s application and take the necessary action, including without limitation disqualification of the Applicant’s application, as the Organizer seems fit. The Organizer shall not be responsible for any losses and damages which the Applicant may suffer as a result of such action taken by the Organizer.
6. All submitted Application Forms, as well as any submitted or accompanying materials will not be returned and shall remain as the property of the Organizer.
7. False, fraudulent and omitted information, documentation or materials discovered even after the Awards Ceremony, accordingly, the awarded Awards and the recognition of both the applicants and the company will be revoked automatically. The Trophy, certificate must be duly returned at the cost of the disqualified applicant and the company. In addition, all costs incurred throughout for the Awards will be forfeited.
8. The Organizer in its sole discretion, reserves the right to disqualify the submissions without prior notice or explanation at any time as it deems fit.
(C) Judging
1. The judges’ decisions are final. No inquiry or appeal in any forms of communications will be allowed and/or entertained. The nominees or participants at any phase, shall not resort to court proceedings to review the judges’ decision.
(D) Result Announcement
1. The Organizer shall not be held responsible should there be any error, delay or defect in notification to the winners.
2. The Organizer reserves the right to change the winner of the Awards if the winner does not respond within 1 week after notification.
3. The Organizer shall not be held liable in the event the winner cannot be contacted for whatever reasons.
4. The Applicant agrees not to use any intellectual Property rights belonging to the Organisation, not to use any quotes, comments or remarks given by the judges and not to cite the judges’ name in any situation without prior written permission from the Organiser.
5. Winner is required to attend a prize giving ceremony, failing which the Organizer reserves the right to change the winner of the Awards and forfeit the processing fees of RM1,200.
(E) Applicant’s Representation
1. The Applicant hereby represent and warrant that:-
(a) The Applicant will comply with the T&C, and such other notices or guidelines that may be issued by the Organizer from time to time (which are hereby incorporated by reference into these T&C);
(b) All of the information provided by the Applicant to the Organizer is accurate and complete.
(c) It will not do anything or become involved in any situation which, in the reasonable opinion of the Organizer, brings the Organizer into public disrepute, contempt, scandal or ridicule, offends public opinion or reflects unfavorably upon the Organizer and its reputation and the Organizer will be the sole arbiter;
In the event the Applicant breaches any of the abovementioned warranties or representations, the Applicant agrees to indemnify and hold the Organizer harmless on a full indemnity basis from and against all claims, actions, demands, liabilities, penalties, fines, orders, and judgment of any nature whatsoever (whether civil or criminal) made, imposed, brought or established against the Organizer and all losses, costs, charges and fess howsoever sustained, incurred or suffered by the Organizer.
(F) Personal Data Protection
1. The Applicant acknowledges and agrees that the Organiser needs to process (as defined in the Personal Data Protection Act 2010 (“ACT”)) personal information in order to conduct this Awards and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, trophy suppliers and, as required, to Malaysian regulatory authorities.
2. The Applicant warrants and represents that for any personal information disclosed by the Applicant to the Organizer, the Applicant had obtained the necessary consent from the data owner in accordance with the provisions of the Act and its regulations enacted thereunder. The Applicant agrees to indemnify and hold the Organizer, and its subsidiaries, affiliates, directors, officers, agents, representatives, partners, and employees, harmless from and against all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, in the event the Applicant fail to obtain such consent form the data owner.
3. THE APPLICANT DISCHARGES THE ORGANIZER FROM ANY EXISTING AND FUTURE LIABILITIES, OBLIGATIONS AND DUTIES ARISING FROM PROCESSING THE PERSONAL DATA PROVIDED BY THE APPLICANT.
(G) Confidential Information
1. The Applicant shall maintain in strict confidence (and to ensure that its employees, agents, and representatives shall maintain in strict confidence) any information, both written and verbal, disclosed by the Organizer including without limitation all Personal Data, prices, commercial, technical and business data, and know-how (“Confidential Information”) in relation to the Awards or in relation to the business or affairs of the Organzier.
2. The Applicant further agrees not to copy, reproduce, disclose, use or otherwise deal with any Confidential Information except with the prior written consent of the Organizer. Should the Applicant aware of any unconsented disclosure of any Confidential Information, the Applicant shall immediately inform the Organizer and take reasonable endeavour to mitigate the circumstances. Upon the completion of the Awards, the Applicant shall forthwith destroy any Confidential Information disclosed by the Organizer.
(H) Rights of the Organiser
1. The Organiser reserves the right to make additions, amendments, modifications to this Awards and its related promotional materials, and/or cancel or suspend the Awards from time to time without prior notice.
2. If there is any reason to believe that there has been a breach of these T&C, the Organizer may, at its sole discretion, reserve the right to disqualify the Applicant from the Awards.
3. By participating in the Awards, the Applicant agrees to be bound by the decisions of the Organiser and any further rules and regulations, guidelines, requirements, and direction issued by the Organizer from time to time. Should the Applicant violate any provision of this T&C, gain unfair advantage in participating in the Awards, or obtain winner status using fraudulent means, the Applicant shall be disqualified and the Applicant shall at its own cost return any prizes it has received in relation to the Awards. Unsportsmanlike, disruptive, annoying, harassing or threatening behaviour is strictly prohibited.
4. The Organiser will interpret this T&C and resolve any disputes, conflicting claims or ambiguities concerning the T&C or the Awards and the Organiser’s decisions concerning such disputes shall be final and binding.
5. All decisions made by the Organiser relating to this Awards shall be final and binding in all aspects and no further correspondence or appeal will be entertained.
6. The Applicant is deemed to have accepted the T&C and all revisions and modifications thereto, if any, upon participation in the Award nomination.
7. The Organizer reserves the right to cancel, postpone or vary the dates or number of days of the Awards, at any time as deemed necessary by the Organizer. The Organizer shall not be held responsible for any losses and damages suffered by the Applicant directly or indirectly caused by the cancellation, variation, or postponement of dates for any reason whatsoever.
(I) INDEMNITY
1. THE APPLICANT HEREBY AGREES TO INDEMNIFY AND HOLD THE ORGANIZER, AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, PARTNERS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, LIABILITIES (INCLUDING STATUTORY LIABILITY AND LIABILITY TO THIRD PARTIES), PENALTIES, AND COSTS (INCLUDING WITHOUT LIMITATION, LEGAL COSTS ON A FULL INDEMNITY BASIS), AWARDS, LOSSES AND/OR EXPENSES, DUE TO OR ARISING OUT OF THE AWARDS.
(J) Limitation of Liability
1. IN NO EVENT SHALL THE ORGANIZER BE LIABLE TO THE APPLICANT FOR ANY DAMAGES, LOSSES, EXPENSES, AND LIABILITIES UNDER ANY CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) IN CONNECTION TO THE AWARDS.
2. UNDER NO CIRCUMSTANCES SHALL THE ORGANIZER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES THAT RESULT FROM THE APPLICANT’S PARTICIPATION IN THE AWARDS, EVEN IF THE ORGANIZER OR AN AUTHORISED REPRESENTATIVE OF THE ORGANIZER HAS BEEN ADVISED OF, OR SHOULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.
(K) Disclaimer
1. The Organiser shall not be liable for any misinterpretation of facts in respect of the Awards offered and published in any mass media, marketing or advertising materials. To the fullest extent permitted by law, the Organiser makes no representations and/or warranties with respect to any Awards and gives no warranty with respect to the merchantability, quality of the Awardees or their suitability for any purpose.
(L) Anti-bribery
1. The Applicant warrants and undertakes that any of its directors, officers, employees, agents, representatives, or any other person howsoever associated with the Applicant has not and shall not give, promise or offer or to any person, a payment, gratuity or gratification of any kind for obtaining a favorable treatment or advantage in connection to the Awards. Breach of this undertaking may result in immediate disqualification of the Applicant’s application from the Awards by the Organizer without any liability whatsoever to the Applicant. The Applicant further agrees to fully indemnify and hold the Organizer harmless of any losses, damages, expenses and/or penalties which the Organizer may suffer as a result of the breach.
(M) Miscellaneous
1. The rights and obligations of the Applicant under these T&C are personal to the Applicant and shall not be assigned, delegated, transferred or otherwise disposed of to a third party without the prior written consent of the Organizer.
2. Nothing in these T&C shall constitute or be deemed to constitute an agency or partnership between the Organizer and the Applicant.
3. If any provision of these T&C is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, save that such provision shall be deemed to be deleted, the remaining provisions of these T&C shall continue in full force and effect, if necessary, be so amended as shall be necessary to give effect to the spirit of the Agreement so far as possible.
4. No waiver of any rights or remedies by the Organizer shall be effective unless made in writing and signed by an authorised representative of the Organizer. No such waiver can be construed as a waiver to any subsequent breach or a waiver to any other breach of any other obligations, conditions and/or provisions of these T&C. Any failure or omission of the Organizer to exercise or enforce any rights conferred upon it by these T&C shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
5. No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates. The party experiencing the Force Majeure events shall notify the other party as soon as reasonably possible, and shall cooperate in minimizing the impact of such Force Majeure. For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include without limitation industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
6. The Organizer reserves the right to amend, cancel, or vary these T&C at any time without prior notice to you.
7. Time whenever mentioned shall be of the essence.
8. Governing law - These T&C shall be construed in accordance with the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the Malaysia courts.
