TERMS AND CONDITIONS OF PARTICIPATION IN THE COMPETITION

 

  • GENERAL

These terms and conditions (“Rules”), together with the terms and conditions that are specific to any Competition (as defined below) (“Competition Terms”) are collectively known as the ‘Guidelines‘. Words used in the Competition Terms shall have the same meaning when used here. In the event of any conflict between the Competition Terms and the Guidelines, the Competition Terms shall prevail.

The Rules apply to any competition that is promoted by Malaysia Healthcare Travel Council (“MHTC”) of Level 28, Level 28-01, Tower 2, Menara Kembar Bank Rakyat, Jalan Rakyat, 50470 Kuala Lumpur (“Competition”).

MHTC reserve the right to cancel or amend all or any part of the Competition and/or the Rules without notice for any event that is outside of MHTC’s reasonable control. Any changes to the Rules, or cancellation of the Competition, will be updated here. It is the responsibility of entrants to keep themselves informed as to any changes to the Rules.

In the event of any dispute regarding the Rules, the conduct or results of the Competition, or any other matter relating to a Competition, the decision of MHTC shall be final and unchallengeable and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by MHTC.

  • COMPETITION ENTRANT

By entering the Competition, you hereby warrant that all information submitted by you in your application (“Entry”) is true, accurate and complete in every respect. MHTC reserves the right to verify any information contained in your Entry and/or your eligibility to enter the Competition.

No person may enter the Competition if the Competition breaches any law or regulation of the jurisdiction in which they reside.

The Competition is open to persons of any age and entrant may be required to provide proof of identity to MHTC. In the event the entrant under the age of eighteen (18), the entrant undertakes that the parents or guardians of the entrant have consented to the entrant’s entry into the Competition and these Rules.

MHTC reserves the right in its absolute discretion to disqualify any entrant if it has reasonable grounds to believe that an entrant has breached any of the Rules, any applicable law (including copyright law) or has otherwise infringed the intellectual property of any other person. Each entrant acknowledges and agrees that any failure to comply with the Rules could lead to MHTC disqualifying that person, without MHTC giving any reason for such disqualification or granting any opportunity for challenge.

Any person that is: (a) an employee of any company involved in the Competition (including MHTC); or (b) a family member of such employee, is not eligible to enter the Competition. MHTC reserves the right to disqualify any person that it knows is, or has reasonable grounds to believe is, ineligible for the Competition as a result of this Rule.

  • COMPETITION ENTRIES

Entries must be made by the closing date and in the manner set out in the Competition Terms. Failure to do so will result in disqualification.

There is no requirement to make any purchase in order to enter the Competition or access the website.

Unless otherwise stated in the Competition Terms, only one Entry per person is permitted. In the event that MHTC discovers or has reasonable grounds to believe that the same person has made multiple Entries, such person and any Entries made by them shall be disqualified and, if such entrant has already been selected as a Prize-winner, an alternative Prize-winner will be selected in accordance with aforementioned rule.

Unless otherwise set out in the Competition Terms, MHTC accepts no responsibility for the return of any Entries.

  • PRIZE-WINNERS

Prize-winners will be selected and notified in the manner set out in the Competition Terms (“Prize Notification”). No prize will be awarded where any entrant has committed any form of misconduct (as determined by MHTC in its sole discretion).

Where Entries are judged on artistic or other subjective criteria, MHTC reserves the right to set amend the criteria used to judge Entries.

Prizes are non-transferable and there is no cash alternative. In the event of a prize being unavailable for any reason MHTC reserves the right to substitute prizes of equal or greater value at any time.

Prizes must be accepted in the manner set out in the Prize Notification. In the event that any Prize Notification is returned as undeliverable or any Prize-winner fails to validly reply to a Prize Notification within thirty (30) days, MHTC reserves the right to disqualify the Prize-winner and select an alternative Prize-winner.

  • EXCLUSION OF LIABILITY

MHTC accepts no responsibility for any damage, loss, injury (other than our liability for personal injury or death as a result of our negligence) or disappointment of any kind suffered by any entrant in entering the Competition, including as a result of any entrant winning or not winning any prize.

MHTC accepts no responsibility for Entries lost, damaged or delayed in the post, or due to computer error in transit. Entries made online using methods generated by a script, macro or the use of automated devices will be void.

Each entrant by participating in the Competition, agrees on entrant’s behalf (and on behalf of entrant’s heirs, assignees, executors and administrators) to release, discharge, indemnify and hold MHTC harmless from and against any and all liability, loss or damage of any kind, to persons, or property, resulting in whole or in part, directly or indirectly, from entrant’s participation in the Competition, or any Competition-related activity, or from the award, acceptance, possession, misuse or use of any prize or participation in any prize-related activity.

Any claims, judgments and/or awards shall be limited to actual out-of-pocket costs associated with entering the Competition. Entrant hereby waives any rights or claims to attorney’s fees, indirect, special, punitive, incidental or consequential damages of entrant, whether foreseeable or not and whether based on negligence or otherwise.

  • INTELLECTUAL PROPERTY RIGHTS

The entrant hereby undertakes that the Entry is original and owned by the entrant. The entrant will retain ownership of copyright in the Entry and hereby grants to MHTC, a non-exclusive, sublicenseable, free-of-charge, royalty-free, non-revocable licence to use the entrant’s intellectual property rights provided always such license and right to use is for non-commercial purposes only. Entrant undertakes that the use by MHTC of the Entry submitted will not infringe any third party rights and shall indemnify MHTC for any loss, damage or liability arising in connection therewith.

  • PERSONAL DATA PROTECTION

By entering the Competition, entrant agrees that MHTC, including but not limited to its employee, agent, or representative to collect, store, process and use the entrant’s personal data provided to  MHTC in relation to the Competition including but not limited to the name, address, telephone number, registration identity card and email address of the entrant (“Personal Data”) in accordance with the Personal Data Protection Act 2010 (“PDPA”) for the purpose it was collected, which among others are to provide information to the entrant in regards to MHTC’s programmes and other offers and/or promotions that MHTC believes may interest entrant and also for advertising, trade and/or publicity purpose.

The entrant gives consent to MHTC to disclose entrant’s Personal Data to the relevant governmental authorities or third parties where required by law or for legal purposes.

MHTC will use any personal information that you provide with your Entry for the purposes of the Competition and, where you have given your consent, for marketing purposes including the distribution of regular email updates or newsletters. Any personal information relating to entrants will be used solely by us in accordance with applicable data protection legislation.

All Prize-winners unconditionally agree (as a condition of accepting any prize) to:

  1. the use of their name, one or more photographs of themselves and disclosure of their county of residence (if such Prize-winner is resident within the Australia) or country of residence (if such Prize-winner is resident outside the Australia); and
  1. co-operate with or participate in any other reasonable post-Competition publicity.
  • PUBLICITY

By participating in the Competition, where applicable by law, the entrant shall grant to MHTC the worldwide right to publish, broadcast and use in any media, including the system of internet servers that support specifically formatted documents (“World Wide Web”), the entrant’s entry, names, pictures, and likenesses, without limitation, for promotion and advertising purposes without providing any additional compensation to the entrant.

  • VIOLATION OF LAWS

Any attempt to deliberately damage any website or undermine the legitimate operation of the Competition is a violation of criminal and civil laws and MHTC and/or the sponsors of the Competition (if any) reserves the right to seek damages from those making such attempts to the fullest extent permitted by law.

  • GOVERNING LAW AND JURISDICTION

The Competition and all disputes and differences arising hereunder shall be governed by and interpreted in according with the laws for the time being in force in Malaysia. MHTC and the entrant hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia in respect of any claim or proceeding arising out of or in connection with them or their subject matter (including the Competition), and to obey any order or judgment of the courts in respect of such claim or proceedings.