TERMS & CONDITIONS

MONSTER ENERGY EXCLUSIVE CONSUMER PROMOTION

CHANCE TO WIN A R15 MONSTER ENERGY YAMAHA MOTO GP EDITION BIKE

(The “PROMOTION”)

1. ELIGIBILITY

   1. This Promotion is open to all Malaysian citizens, aged 18 and above, as well as residents, work permit holders, valid Malaysia pass holders and valid in Malaysia only.
   2. Persons ineligible and excluded from this Promotion are: (a) Employees of the Promoter, Monster Energy Southeast Asia Sdn. Bhd. (“Monster Energy Malaysia”), and their advertising, fulfilment and promotion agencies; (b) Affiliates and subsidiaries and the immediate families (spouses, parents, siblings, children and each of their spouses and household members) of those mentioned in (a).

2. PROMOTION PERIOD

   1. The Promotion starts from 00:00 hours on 1st August 2024 and ends at 23:59 hours on 31st October 2024 (“Promotion Period”).
   2. Any entry not received during the Promotion Period shall automatically be disqualified from participation. The Promoter is not liable for any lost, delayed or misdirected Entries (as defined in paragraph C2 below).
3. HOW TO PARTICIPATE
   1. Buy any one (1) can of Monster Energy Products (355ml) in a single receipt (“Proof of Purchase”) from any participating stores in Malaysia (“Participating Stores”) during the Promotion Period.
   2. Participants are entitled to one (1) entry (“Entry”) for every purchase of one (1) can of Monster Energy (355ml) in a Proof of Purchase.
   3. Participants are required to scan the promotion QR CODE as printed on in-store point of sale materials or log on to https://www.monstercontest.com.my.
   4. Participants shall adhere to the instructions provided on the contest page, which include uploading the photo of the Proof of Purchase for verification purposes, as well as providing their full name and email address.
   5. Participants are also required to correctly answer one (1) simple question to be eligible for a chance to enter the contest.
   6. Each Entry shall be subject to verification by the Promoter and / or its representatives. In the event the details are invalid as determined by the Promoter’s sole discretion, the entry will be disqualified.
   7. The collected personal information (including images) from the participants may be used by the Promoter, and/or their authorized agents and agencies for the administration of the Promotion. This includes conducting identity verification and eligibility checks to ensure the participant's qualification to participate and receive a prize. By participating in the Promotion, the participant explicitly provides written consent for the Promoter, and/or their authorized agents and agencies to contact them using the provided personal details for the purpose of direct marketing. The Promoter, and their authorized agencies highly value the confidentiality of all received personal information and are committed to not disclosing or sharing the participant's personal information with any unrelated third parties, except for their authorized agents and agencies solely for the purpose of this Promotion or when legally required. The Promoter will handle all collected personal information, which includes personal data, in accordance with the Personal Data Protection Act 2010 ("PDPA").
   8. Any Entry that is illegible, mutilated, altered, duplicated, tampered with, not obtained legitimately, contains printing typographical, mechanical or other errors or the printing are unclear or does not contain information or Proof of Purchase required in the Entry is invalid.
   9. All Entries (including the Proofs of Purchase) submitted become the property of the Promoter and will not be returned.
   10. Proof of Purchase must be dated within the Promotion Period.
   11. Multiple entries are permitted. Each entry is valid with one (1) Proof of Purchase only. In the event of multiple purchases in one Proof of Purchase, each one (1) can Monster Energy will consider as one (1) entry. For example, a total of ten (10) cans Monster Energy in one Proof of Purchase will have a total of ten (10) entries.

4. PRIZES

   1. There is a total of forty-eight (48) prizes (“Prize”) across all Participating Stores in Peninsular Malaysia and East Malaysia.
   2. Prizes are:
      

      a. Grand Prize: One (1) R15 Monster Energy Yamaha Moto GP Edition Bike x 3 winners

      b. Second Prize: One (1) RPHA 12 Quartararo Replica Helmet x 5 winners

      Third Prize: One (1) Monster Energy Gear Pack x 40 winners
      

      • Each Gear Pack includes: 1 Monster Energy Duffle Bag and 1 Monster Energy Cap

   3. Each Participant is limited to only one (1) Prize only throughout the Promotion Period.
   4. Participants will be shortlisted as a winner based on the most correct answer and complete information. Participants who fail to produce the required Proof of Purchase and/or provides a wrong answer and/or incomplete information will be automatically disqualified.
   5. All eligible entries will be listed (“List”) by the Promoter and sorted in ascending order by fastest receipt by the Promoter during the Promotion Period. The total number of eligible entries on the List will be divided by the number of prizes and the resulting value shall be rounded down to the lower nearest whole number (“Number”). The Grand Prize winners will be eligible entries appearing on the list at positions corresponding to the 1st multiplication of the Number up to the 6th multiplication of the number. The First Prize winners will be eligible entries appearing on the list at the position that matches the 1st multiplication of the Number up to the 30th multiplication of the Number. The Second Prize winners will be chosen from the eligible entries on the List at positions corresponding to the 1st multiplication of the Number up to 80th multiplication of the Number. For example, if there are 1000 eligible entries, 1000 will be divided by 6 (the total number of Prizes), which will equal to 166.67. Then 166.67 will then be rounded down to the lower nearest whole number which is 167. The participant listed at position 167 on the List will be the eligible winner. The calculation for the next eligible winner will be based on 999 eligible entries, 999 will be divided by 5 (the remaining number of Prizes), which will equal to 199.8. Then 199.8 will then be rounded down to the lower nearest whole number, which is 200. The participant listed at position 200 will be the eligible winner and the calculation will continue accordingly.
   6. If a shortlisted entry on the List is disqualified, then the next nearest earlier eligible entry on the List will be the substitute winner. For example: the replacement winner for the 8th eligible participant would be the 7th eligible entry on the List.
   7. Winners will be notified via WhatsApp text, phone call and/or email. Winners shall also be notified by WhatsApp text, phone call and/or email on details of how to claim the Prizes.
   8. In the event the Promoter is unable to contact the Winner(s) at the contact details provided or registered with Maybank for reasons including, but not limited to, no reply, number not in use, no connection, etc. the Promoter may at its discretion make a second and third attempt to contact the Winner(s) within the same day of the first attempt. If the second and third attempt are unsuccessful, the Winners shall be disqualified from the Promotion and shall not be entitled to any Prize.
   9. Winners must present the original Proof of Purchase when collecting the Prize.
   10. The Promoter reserves full discretion and reserves the right to modify, alter, or amend the Promotion mechanism, rules, regulations, and prizes at any time without any prior notification.
   11. Prizes are available on an as-is-where-is basis and are not transferable, exchangeable or converted to monetary value. The Promoter reserves the right not to award any Prizes or any alternative prizes of equal or greater value, for any reason whatsoever to any person who fails to meet any stipulated requirement in order to claim the Prize.
   12. The Promoter shall handle and manage all personal information collected during the Promotion, which contains personal data, in strict compliance with the provisions of the PDPA.
   13. Prizes must be claimed within three (3) weeks of notification of prize acceptance from the Promoter failing which it will be considered as forfeited.
   14. Prizes are subject to the terms and conditions of the respective sponsors and third-party vendors, if any. The Promoter and Monster Energy Malaysia are not liable for these conditions and the use of the Prizes. Any prize pictured in promotional materials are for illustrative purposes only.
   15. Any costs and expenses associated with the acceptance and use of a Prize not specified herein as being awarded is the sole responsibility of the winner. Any costs associated with the registration, title, or licensing of the Grand Prize are the sole responsibility of the respective winner. Any Grand Prize winner must have a valid driver’s license at time of prize fulfilment. All prize details not specified in these Terms and Conditions will be determined in Promoter’s sole discretion.

5. VERIFICATION

   1. Entries submitted are subject to verification by the Promoter.
   2. The Promoter’s decision on all matters relating to the Promotion is final, conclusive and binding. No correspondence will be entertained.

6. OTHER CONDITIONS

   1. All promotional materials, including details on How to Participate and Prize form part of these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions with any advertising, promotional or publicity materials in relation to or in connection with the Promotion, these Terms and Conditions shall prevail.
   2. The Promoter, Monster Energy Malaysia, are not and shall not be held responsible for any delay, error or any other problems in the operation of the Promotion caused by or arising from breakdown, technical malfunction of any telephone network or lines, computer or on-line-systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems and / or traffic congestion on the internet and/or at any website or the telecommunication service or a combination thereof, including injury or damage to any participants or to any other person’s computer or mobile phone related to and / or resulting from participating or downloading materials in or in connection with the Promotion.
   3. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, then the Promoter reserves the right, in its sole discretion, to modify the terms and conditions for this Promotion, suspend, terminate or cancel the Promotion, as appropriate, without prior notice.
   4. In no event will the Promoter, Monster Energy Malaysia, and/or their respective parents, affiliates, subsidiaries and related companies, their respective advertising or promotion agencies or their respective officers, directors, employees, members, shareholders, attorneys, respective and agents (collectively, “Affiliates”), be responsible or liable for any damages or losses of any kind, including but not limited to direct, indirect, incidental, consequential, special or punitive damages arising out of any the Participant’s acceptance or use of the Prizes (if selected as winner), or their entry into the Promotion. By entering into the Promotion, participants hereby release and agree to hold harmless the Promoter, Monster Energy Malaysia, and/or their Affiliates from and against any and all rights, demands, claims, cause of action, losses, damages, costs and expenses whatsoever that they may have, or which may arise, whether in whole or in part, and whether directly or indirectly.
   5. The Promoter, Monster Energy Malaysia, and/or their Affiliates make no warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose of any of the Prizes. Without limiting the generality of the foregoing or anything in these Terms and Conditions, the Promoter, Monster Energy Malaysia, and/or their Affiliates are not liable for any defect in the Prizes. For the avoidance of doubt, no provision in these Terms and Conditions shall be construed as limiting the liability of any party for death or personal injury caused by such party’s negligence or any liability which cannot be excluded under the laws of Malaysia.
   6. Personal information (including images) collected or received from the Participants may be used by the Promoter, Monster Energy Malaysia, and/or their respective agents and agencies for the purposes of administering the Promotion, including conducting background check on the Participant’s identity and verify their eligibility to participate and receive a Prize. By participating in the Promotion, the Participant explicitly allows the Promoter, Monster Energy Malaysia, and/or their respective agents and agencies to contact the Participant via the particulars provided for such purpose. The Promoter, Monster Energy Malaysia, values all personal information received and shall not disclose or furnish the Participant’s personal information to any unrelated third parties (except for their respective agents and agencies for the purposes of this Promotion or when legally required).
   7. Notwithstanding any of the foregoing, the Promoter and Monster Energy Malaysia reserves the right to amend, add, replace, vary and / or modify these Terms and Conditions without giving prior notice. By participating in this Promotion, the Participant confirms his and/or her acceptance of these Terms and Conditions, including any amendments, additions, replacements, variations and modifications hereto, which shall be final and binding in all respects.
   8. This Promotion and the Terms and Conditions shall be governed by the laws of Malaysia. In the event that any dispute shall arise as to any matter arising out of or in connection with this Promotion and/or Terms and Conditions (including any question regarding its existence or validity), parties agree to first attempt to settle such dispute by negotiations and/or mediation. Parties agree to participate in such negotiations and/or mediation in good faith and undertake to abide by the terms of any settlement reached therefrom. In the event that parties shall fail to settle such dispute by mediation within sixty (60) days from the date such dispute arose, the dispute shall be referred for final resolution by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause.
   9. The Promoter is Innity Sdn Bhd, whose principal place of business is at C501 & C502, Block C, Kelana Square, 17, Jalan SS7/26, 47301 Petaling Jaya, Selangor Darul Ehsan.
   10. For details, refer to in-store posters, log on to https://www.monstercontest.com.my or call 03-7880 5611 (Monday- Friday, between 9:00 am and 5:00pm, excluding public holidays). All calls to this number from your phone may be subjected to airtime charges by your service provider.

7. PRIVACY STATEMENT RELATING TO THE PROCESSING OF PERSONAL DATA OF PARTICIPANTS (this “Notice”)

   1. The PDPA was introduced by the Government of Malaysia to govern/regulate the processing of the personal data in commercial transactions. This Notice is issued to participants to inform them that this is the basis upon which the processing of the Personal Data is done by the Promoter.
   2. Purpose: All information (including personal data) submitted by participants in their participation of the Promotion shall belong to the Promoter and the participants irrevocably and unconditionally consent and permit the Promoter to use, publish and/or feature the participants’ and/or their pictures (which may include the participant’s name, statements about the Promotion or any of its related matter) without further notice or compensation for publicity, advertising or any other related purposes in any manner whatsoever, including but not limited to in any of the Promoter’s publications, websites and/or any promotional materials.
   3. Transfer: The participants’ personal data will be kept confidential by the Promoter but the participants also agree and consent that for the purposes set out in Clause G (2) above, the Promoter may transfer or disclose such personal data to the following parties within or outside of Malaysia:
      1. Other partners or any participating partners which owe a duty of confidentiality to the Promoter;
      2. The Promoter’s agents or contractors under a duty of confidentiality to the Promoter providing administrative, telecommunications, data processing or other services to the Promoter in relation to the Promotion (such as but not limited to professional advisers, customer call centre providers, gift redemption centres or data entry companies);
      3. Any affiliates that owe a duty of care to the Promoter; and
      4. Any law enforcement agency and/or regulatory body for compliance with applicable laws, rules, regulations, codes and/or guidelines and/or any person or entity to whom the Organizer are under a binding obligation to make disclosure under the requirements of any law, rule, regulations, code and/or guideline and/or order of any competent court of law, law enforcement agencies and/or regulatory bodies.
   4. Access: The participants have the right to request access to and to request correction of the relevant participants’ personal data. Nothing herein contained shall limit the rights of any participant under the PDPA.