Terms and Condition | Bepanthen Malaysia

Bepanthen #MumsProtectingBums Campaign Rules and Regulations

 

A. Organiser and Eligibility

  1. This Bepanthen #MumsProtectingBums Campaign is organised by Bayer Co. (Malaysia) Sdn Bhd. [7563-M] [“the Organiser”] and is open to all Malaysian residents with a valid NRIC and address in Malaysia, aged 18 and above as of 1 January 2021, who are parents with babies below 24 months of age, subject to the Rules and Regulations herein.
  2. The following group of persons shall not be eligible to participate in this Campaign: (a) Employees of the Organiser [including its affiliated and related companies] and their immediate family members [children, parents, brothers and sisters, including spouses]; and (b) Representatives, employees, servants and/or agents of advertising and/or promotion service providers of the Organiser [including its affiliated and related companies], and their immediate family members [children, parents, brothers and sisters, including spouses].

 

B. Duration

  1. This Campaign will run from 9 September 2021 at “9:00:00 AM” to 9 December 2021 at “11:59:59 PM” Malaysian time [“the Campaign Period”].
  2. The Organiser reserves the right to amend the Campaign period at any time. All entries received outside the Campaign period will be disqualified.

 

C. Submission of Entries and Qualifying Criteria

  1. To participate in the Campaign, participants must meet the following steps: 
    1. Follow Bepanthen’s Social Media Page, @BepanthenMY on Instagram (https://www.instagram.com/bepanthenmy/) or Facebook (https://www.facebook.com/BepanthenMY/).
    2. Share a “Bepanthen Bummerang” (boomerang video) of their baby’s cutest bum wiggle using Instagram Stories / Instagram Post and tag @BepanthenMY and hashtag #MumsProtectingBums 
    3. Submit a screenshot of their boomerang in the Google Form provided https://forms.gle/DxsD3KcTB3S9Xwk97 . 
  2. Participants in the running to receive the free #MumsProtectingBums nappy care kit will receive an email notification of successful submission of entry.
  3. Each participant may only redeem ONE [1] #MumsProtectingBums nappy care kit during the Campaign period.
  4. All Participants who meet the participation requirements will be entitled to a free #MumsProtectingBums nappy care kit. Subject to availability on a first-come, first-served basis, while stock lasts.
  5. Closing date for submission is 9 December 2021 at “11:59:59 PM” Malaysian time.
  6. In order to participate in this Campaign each entry submitted must complete all the steps in the Campaign mechanics. Any incomplete or incomprehensible entries will be disqualified.
  7. Participants agree to abide by the Campaign Rules & Regulations. Participants agree and warrant that they shall not submit any content (a) that is not indicated by the product label (including treatment of disease). (b) that is disparaging, defamatory, libelous, offensive, hateful, threatening, lewd, sexually explicit, pornographic; incites violence, or contains nudity or graphic or gratuitous violence; (c) that violates any law, statute ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, discriminatory, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (d) otherwise contain inappropriate content or objectionable material; or (e) that contains any computer viruses, worms or other potentially damaging computer programs or files. The Organiser reserves the right to disqualify and remove such entries and demand the participant to remove such entries at any time at the Organiser's sole discretion. In any event, the Organizer reserves the right to reject any participation or the Customer at its sole and absolute discretion without assigning any reasons whatsoever.

 

D. Bepanthen #MumsProtectingBums Nappy Care Kit Redemption

  1. All Participants who meet the participation requirements throughout the Campaign period will be entitled to a free #MumsProtectingBums nappy care kit. 
  2. Image of the #MumsProtectingBums nappy care kit shown on the Campaign post is solely for illustration purposes only and may differ from the actual product..
  3. All #MumsProtectingBums nappy care kits will be delivered to the participant’s mailing address from September 2021 to December 2021. All unclaimed #MumsProtectingBums nappy care kits will be forfeited. The Organiser will not be held liable in the event of non-receipt or delayed delivery of the postal notification to the participant[s]. The Organiser will not be held responsible should there be any error, delay or defect in notification received upon submission of Google Form to the winners.
  4. All participants who meet the participation requirements who receive the #MumsProtectingBums nappy care kit shall be personally liable for all taxes, rates, government fees or any other charges that may be levied against them under the applicable laws, if any.
  5. The Organiser will not be held liable in the event that the fulfillments are not completed due to incorrect contact details provided by the participants.
  6. The Organiser shall reserve the right at its absolute discretion to substitute any of the #MumsProtectingBums nappy care kits with that of similar value, at any time without prior notice. All #MumsProtectingBums nappy care kits are given on an “as is” basis and are not exchangeable for cash, credit, other items or vouchers, in part or in full.
  7. All winners must abide by the terms and conditions of the parties arranging and/or providing for the #MumsProtectingBums nappy care kits and the terms and conditions attached to the #MumsProtectingBums nappy care kits, if any.

 

E. Rights of the Organiser

  1. By submitting your entry for this Campaign, you agree and acknowledge that all intellectual property rights (including but not limited to the right to reproduce likeness or image) thereto shall belong to the Organiser absolutely. The Organiser shall have the exclusive right to use, edit, modify and publish the entry submitted by you and publish your name, in any way it deems fit in any form of media and territory for any advertising, trade, promotional purpose and for any other reason whatsoever, without any further notice to the participants and the participants shall not claim ownership or any payment or compensation on the materials, and by submitting your entry for this Campaign, you agree to release and discharge the Organiser from any claims in relation to such use. For the avoidance of doubt, the submissions will not be edited for qualifying purposes.
  2. The Organiser reserves the right to modify, suspend or cancel this Campaign in the event that it becomes not capable of running as planned, technically interfered or corrupted, including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Organiser, despite the best efforts of the Organiser.
  3. The Organiser reserves the right, in its sole discretion, to disqualify any participant that is found or suspected of tampering with the Campaign submission process, the operation of this Campaign The Organiser reserves the right to remove any submissions of the person who it reasonably suspects has violated or infringed any of these general terms and conditions and the Organiser reserves the right to pursue legal action against any individual it believes has undertaken fraudulent activities or other activities harmful to this online Campaign and/or the Campaign submission process.

 

F. Privacy Notice

  1. By participating in the Campaign, the Participants consent for the Organiser and any of its holding, subsidiary or related companies as defined in the Companies Act 2010 and its service providers, agents and contractors who provide administrative and business support to the Organiser and act on the Organiser’s behalf [“Authorised Third Parties”] [Collectively “the Organiser”] to process all information provided by the participants in the entry submission for purposes of the Campaign , which may include personal information. For purpose of clarity, “process” under this header shall have the same meaning provided under the Malaysia Personal Data Protection Act 2010.
  2. The Organiser only process personal information that are provided by the participants of the Campaign, or were made available by the participant onto publicly available sources, which may include name, online user identification, and contact information for the purposes of administering the Campaign, which includes but not limited to: (a) processing participant’s entry submission; (b) communicating or responding to participants’ queries, complaints, request and/or feedback; (c) contacting the winners; (d) to instruct delivery of #MumsProtectingBums nappy care kits to the winners; (e) for any other purposes required or permitted by the law or regulatory authorities; and (f) disclosing the winner’s name to the general public when the winner is receiving #MumsProtectingBums nappy care kit in the Campaign by publishing the relevant participants’ names, its entry submission, and photographs without compensation for advertising and publicity purposes.
  3. At times the Organiser may retain Authorised Third Parties, which may be located within or outside Malaysia, to process the participants’ personal information for the purpose mentioned above. All such Authorised Third Parties are contractually bound to take reasonable measures to keep information secure and not to use the participants’ personal information in any way other than that which is specified here and in the Organiser’s privacy policy at https://www.bayer.com/en/Privacy-Statement.aspx.
  4. The Organiser is a global company and the participants’ personal information may be transferred across borders. The Organiser will ensure that the country the participants’ data is transferred to a similar or equivalent personal information protection laws in place.
  5. To the extent that the applicable law allows, participants have the right to request for access to, request for a copy of, request to update or correct the participants’ personal information held by the Organiser. All participants’ written requests or queries should be addressed to:

Address: B-19-1 & B-19-2, The Ascent Paradigm, No. 1 Jalan SS7/26A, Kelana Jaya,47301 Petaling Jaya, Selangor

Tel.: +603-7801 3088

Email: malaysia.bch@bayer.com

  1. Please note the Organiser requires the participants’ personal information in order to process the entry submission in the Campaign, without which the Organiser will not be able to process the participants’ entry submission.
  2. For a more detailed description of the Organiser’s privacy practices, please refer to the Privacy Policy at https://www.bayer.com/en/Privacy-Statement.aspx. The Organiser reserves the right to update and amend this privacy notice or the Organiser’s privacy policy from time to time.

 

G. Other Terms & Conditions

  1. All entries submitted must be original and shall not breach any intellectual property rights belonging to any party. The participants shall not pose, distribute, reproduce or submit in any way whatsoever, any materials containing any other party’s intellectual property rights, including but not limited to copyrights, or other proprietary information owned by another party without obtaining the prior written consent of the owner of such intellectual property rights or proprietary information. If you believe that your work has been copied and posted in a way that constitutes an intellectual property infringement, please contact the Organiser.
  2. The Organiser, in its sole discretion, reserves the right to modify the Rules & Regulations without any prior notice, if required for the smooth running of the Campaign, and participants continued participation in the Campaign will constitute binding acceptance of the relevant modification. In any event, the participants agree that its only sole recourse is to withdraw its participation from the Campaign.
  3. The Organisers’ decisions are final, conclusive and binding. No correspondence thereon will be entertained.
  4. By participating in this Campaign, participants agree to be bound by this Campaign Rules & Regulations, and the decisions of the Organiser.
  5. The content for the Campaign is provided by a third party (if applicable). Organiser does not filter or edit such content. The participants acknowledge that the Organiser is under no obligation to censor the content or information provided. Organiser disclaims all liability in relation to the content provided.
  6. No delay or indulgence by the Organiser in enforcing any Campaign Rules & Regulations shall constitute waiver by the Organiser of the participants’ breach of these terms and conditions.
  7. In the event of any inconsistency between these Terms and Conditions and any terms contained in any promotional materials or this Campaign, the terms contained herein shall prevail.
  8. To  the  fullest  extent  permitted  by law,  in  no  event  the  Organiser or  any  of  its  officer,  employee, representative and / or agent (including, any third party agencies that deals with the Organiser for the purposes of this Campaign) be liable for any loss or damage (including loss of income, profits or goodwill or indirect damages, incidental, consequential, exemplary, punitive or special damages of any party including  third  parties)  howsoever  arising  whether  in  contract,  tort,  negligence  or  otherwise  in connection  with  this  Campaign, although  the  Organiser has  been  advised  of  the  possibility  of  such damages in advance, and all such damages that are expressly excluded.
  9. These terms are governed by and construed under the laws of Malaysia and under the exclusive jurisdiction of the courts in Kuala Lumpur, Malaysia.

 

H. Technical Requirements

The Organiser shall not be held liable or responsible for any delay and/or failure in the receipt of entry due to the inability of the respective Internet Service Provider [“ISP”] company and/ or telecommunication network to provide timely and/or efficient internet and/or telecommunication services.

 

I. Prohibited Content

Below is a partial list of content that is illegal or prohibited to be posted on the Campaign. Posting of any of this content by the participant may, in the Organiser’s sole discretion, result in the disqualification of participation. In addition, the Organiser reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication posted on the Bepanthen Malaysia Facebook & Instagram and reporting such violators to the appropriate legal authorities. Prohibited content includes, but is not limited to, contents which, in the Organiser’s sole judgement:

  • is offensive to the online community, such as content that promotes racism, politically religious agendas, inflammatory religious content, violence, foul language, bigotry, hatred or physical harm of any kind against any group or individual;
  • include ingredients that are offensive to other religious practices
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication.
  • includes any information that [1] the participant knows is false or misleading, [2] promotes illegal activities or conduct that is abusive, or [3] is threatening, obscene, defamatory, or libelous;
  • constitutes or includes any illegal or unauthorized copy of another person’s copyrighted or copyrightable work, including, but not limited to, [1] pirated computer programs or links to them, [2] information which circumvents manufacturer-installed copy-protect devices, [3] pirated music or links to pirated music files;
  • displays obscene, pornographic or sexually explicit material of any kind;
  • includes material that exploits people in a sexual or violent manner;
  • includes material showing or depicting any offensive or violent acts whether involving other person or persons or animal or not;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; and
  • exhibits overtly dangerous or potentially life-threatening situations.