VITAMODE® HMB POWDER 8-WEEKS CHALLENGE TERMS & CONDITIONS
1. Organiser & Eligibility
1.1 The “Vitamode® HMB Powder 8-Weeks Challenge” (this “Challenge”) is organised by Medispec (M) Sdn. Bhd (the “Organiser”).
1.2 The Challenge is opened to all Malaysian residents, aged 18 years and above at the time of the entry, residing in Malaysia only except for those stipulated in paragraph 1.3 below.
1.3 The following groups of people shall not be eligible to participate in this Challenge:-
Employees of the Organiser (including its affiliates and/or related companies) and their immediate family members (children, parents, brothers and sisters, including spouses); and/or
Representatives, employees, servants and/or agents of advertising and/or promotion service providers of the Organiser (including its affiliates and/or related companies), and their immediate family members (children, parents, brothers and sisters, including spouses).
Entry details submitted on the mobile application which is incomplete or incorrect entries and/or without proof of purchase will be disqualified. The Organiser is not responsible for any incomplete entry details.
1.4 By participating in the Challenge, eligible participants agree to be bound by the Terms & Conditions herein and consent Medispec (M) Sdn Bhd to process, collect and use their personal data and/or information (names, contact details, weight details and images) for its marketing, advertising and publicity purpose in accordance with the Personal Data Protection Act 2010.
2. Challenge Period
2.1 The Challenge will run from 1 July 2022 and close on 30th September 2022 (“Challenge Period”).
3. Participation Criteria
3.1 To participate in this Challenge, Eligible Participant must comply with the following conditions:-
Purchase of 2 packs of Vitamode® HMB Powder from any retail outlets or directly from our online store (www.vitamode.com.my). The Organiser has the right to request for proof of purchase (original sales receipt) when deciding the winner.
Visit the Challenge website (www.vitamode.com.my/8weekschallenge), and follow the exercise program that relates the closest to your physical needs - eg. EPISODE 1 - WORKNG PROFESSIONALS, EPISODE 2 - INJURY RECOVERY, or EPISODE 3 - STABILITY FOR SENIORS. Consume Vitamode® HMB Powder daily during the 8-weeks period.
After 8-weeks, record a video testimonial telling us how the combination of the workout routines and Vitamode® HMB Powder have helped to improve your physical condition.
Upload the video to Instagram with the hashtag #VitamodeBetterMe on or before 30 September 2022. Ensure that your profile is set to Public so that the Organiser will be able to capture your entry.
3.2 Participants are expected to complete the entire 8-week challenge in order to qualify. This is to ensure that participants receive the full benefits of the workout programs and Vitamode® HMB Powder.
4. Winners Selection
4.1 Participants can only enter the Challenge using their own name. The Organiser reserves the right to request the winner to provide identification card and proof of purchase for verification before issuing the prize. In the event that a winner cannot provide the required proof, the winner will be disqualified and the prize will be forfeited.
4.2 The participants with the most creative and inspirational transformation video from the Challenge Period will be selected as winners. Other selection criteria include completion of the 8-weeks challenge, and validity of proof of purchase upon request.
4.3 Results of The Challenge will be published on Vitamode’s social media within 30 days after 30th September 2022. Our representatives will contact the winners via Instagram to request for further personal details.
4.4 Challenge Prizes:
─ Challenge Prize (5x winners): 6x months supply of Vitamode® HMB Powder (6 packs) and 2x sessions of Hyperbaric Oxygen Therapy from The Dickson Labs with a total prize value of RM1,238.
4.5 All entries must be received by the Organiser via Instagram throughout the Challenge Period.
4.6 The winners of the Challenge will be notified via telephone call for prizes collection arrangements, which is subject to the following:-
The Organiser reserves the right to disqualify the selected winner that fails to be contacted after three (3) attempts within 24 hours.
All prizes must be claimed within 30 days from the date of notification by the Organiser. Unclaimed prizes will be forfeited after the 30 days’ period.
The Eligible Persons, Participants and/or Winners hereby acknowledge and agree that the Organiser excluded all warranty and/or liability in connection with the awarded Prizes and/or the Campaign.
4.7 In the event whereby the Challenge Winner is found to be ineligible at any point of time, the Organiser reserves the right to disqualify the said Challenge Winner and to cancel/ withdraw/ recall the Prize(s) from being delivered to the ineligible winner. If the ineligible winner has enjoyed the Prize(s), the ineligible winner hereby agrees and undertakes to indemnify the Organiser for the cost of the Prize(s), failing which, the Organiser shall have the right to initiate any action it deems necessary against the ineligible Challenge Winner.
4.8 The Eligible Participants and/or winners are fully responsible for any injuries, damages or claims as a result of or arising from their participation in the Challenge, usage of their prize and/or collection of their prize. All transportation, accommodation, personal cost and/or any other costs and/or any other related expenses that are incurred to participate in this Challenge and/or to redeem the prize are the sole responsibility of the Eligible Participants and winners.
4.9 The judges' decision is final and conclusive, and no further correspondence, queries or appeals shall be entertained.
5. Liability & Responsibility
5.1 The Organiser, its related and associated companies, and its agencies and companies associated with the Challenge disclaim any and all liability arising from the Challenge and will not be responsible or held liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) resulting from any participant’s participation in the Challenge, redemption and/or usage of the prize(s), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
5.2 By participating in the Challenge, all Eligible Participants agree to defend, indemnify and hold the Organiser harmless from and against any suits, claims, losses, damages and expenses, including reasonable legal fees that may arise from or in connection with the Challenge.
5.3 The Organiser shall not be held responsible or liable for any claims of loss or damage to property or personal injury or loss of life by the Challenge participant(s), winner and/or any party resulting from or arising out of or in connection with this challenge or the Prize given under this challenge.
5.4 The Organiser will not be liable for any interruption or problem during the period of the Campaign due to a malfunctioning of the mobile app or phone.
5.5 The Organiser will not be held liable for any injury sustained to participants during the cause of this campaign for participating against a physician’s advice, and strongly recommends that participants should consult their physician or other healthcare professional before starting this challenge to determine if it is the right for their needs.
6. Right Of Organiser
6.1 All entries will be the property of the Organiser and the Eligible Participants will not claim, use, or exploit the entries for any purpose by any means at any time. By entering the Challenge, each Eligible Participants agrees that the Organiser reserves the right to publish, use the names and/or photographs of the Eligible Participants and/or winners as material for advertising and/or publicity purposes without payment or prior notice, and further agree that by entering the Challenge, the Eligible Participants and /or the winners waive all rights associated with the image they have submitted for the challenge. Eligible Participants shall not be entitled to claim ownership or other forms of compensation on the materials.
6.2 By entering the Challenge, each Eligible Participant is deemed to have read, understood all the Terms and Conditions of the Challenge and they are fully and unconditionally agreed to be bound by it (as varied or changed). The Organiser reserves the right to amend these Terms and Conditions where necessary for legal, technical or commercial reasons and any such amendments shall be effective on the posting of the on the Isowhey Fit App. Please check these terms and conditions regularly to see if there have been any changes.
6.3 The Organiser reserves the right to modify, suspend or cancel the Challenge at any time without prior notice 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, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Organiser, despite the best efforts of the Organiser.
6.4 Any terms and conditions applicable to the Challenge which is illegal, prohibited or unenforceable under any law or regulation shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions.
Personal Data Protection Act 2010 (“PDPA”)
By entering into the Challenge, all winners of the Challenge consent to the use of their personal data by the Organiser for the execution of the Challenge and for any events or publicity related to the Challenge in any form or through any media.
All winners acknowledge receipt of the PDPA Notice by the Organiser as follows:
NOTICE UNDER THE PERSONAL DATA PROTECTION ACT 2010
The Personal Data Protection Act 2010 (hereinafter referred to as the “PDPA”), which regulates the processing of personal data in commercial transactions, applies to the MEDISPEC (M) SDN BHD (hereinafter referred to as “Medispec”, “our”, “us” or “we”) as a data user. For the purposes of this written notice, the terms “personal data” and “processing” shall have the same meaning as prescribed in the PDPA.
1. This written notice (“Notice”) is issued by us and serves to inform you that your personal data that is to be processed by or on behalf of Medispec.
2. The personal data processed by us may include your name, national registration identity card number (NRIC no.), contact number, address, occupation, email address, bank account details and any other details that you may have provided or may provide to us
3. We are processing your personal data, including any additional information you may subsequently provide, for the following purposes (“Purposes”):
3.1 Execution of the above Challenge;
3.2 Announcing or publicizing the Challenge and/or winners of the Challenge or
3.3 Any marketing or promotional activities of Medispec whether or not in connection with the Challenge. Such other purposes may be related to the foregoing.
4. Your personal data is and will be collected from you and/or from the information you have provided in the documentation that you have provided to us, all application/registration forms that you have been asked to complete, together with any other information that we may obtain about you from oral or written communications.
5. You may contact us with any enquiries or complaints in respect of your personal data as follows:
Medispec (M) Sdn Bhd
B-1-07, Block B, Jalan SS 25/22
Mayang Avenue, Taman Mayang,
47301 Petaling Jaya, Selangor, Malaysia.
In accordance with the PDPA, we may refuse to comply with your request for access or correction to your personal data and if we refuse to comply with such request, we will inform you of our refusal and reason for our refusal.
6. Your personal data may be disclosed to the subsidiaries or related companies of Medispec and any governmental and/or quasi-governmental departments and/or agencies, regulatory and/or statutory bodies if requested by them, our auditors, our banks, business partners and/or service providers and any other third party that you have requested or authorized us to disclose your personal data to for the above purposes or for any other purposes for which your personal data is to be disclosed at the time of its collection or any other purposes directly related to any of the above Purposes.
7. You are responsible for ensuring that the personal data you provide us is accurate, complete and not misleading and that such personal data is kept up to date.