ARE YOU OF LEGAL
DRINKING AGE?

I’m age 21 years old &
above and non-Muslim

YES, I AM
NO, I AM NOT

heineken

TERMS AND CONDITIONS

General

The “Heineken Dry March” campaign will be governed by these standard terms and conditions (the “Terms of Use”). Each participant agrees that he / she has read and understood these Terms of Use and by participating in the Contest, each participant will be deemed to have read, understood and agreed to each of the terms and conditions appearing herein in the Terms of Use.

The Contest is offered by Heineken Marketing Malaysia Sdn Bhd. (the “Organiser”).

These Terms of Use apply to the legal relationship between the Organiser and a participant in the Contest.

The laws of Malaysia shall govern the Contest and these Terms of Use. All disputes arising in connection with the Contest and these Terms of Use, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Malaysia and by participating in the Contest the participants hereby submit to the exclusive jurisdiction of the courts of Malaysia. However, it shall be the sole responsibility and obligation of each participant to ensure that he / she complies and do not contravene any laws to which he / she may be personally subjected to.

A failure by the Organiser to enforce any of these rules in any instance(s) will not give rise to any claim by any other person.

To participate in the Contest, participants will need to provide their personal details for competition judgement and prize fulfilment purposes, as well as marketing and promotional purposes in connection with this Contest. All participants must ensure the details provided are true, accurate, current and complete. The Organiser reserves the right to verify the eligibility of all participants.

The Contest will be held during the Contest Period as set out in this Terms of Use. The Organiser reserves the right to vary, postpone or re-schedule the dates of the Contest or extend the Contest Period at its sole discretion.

The Organiser shall have the right to, at its sole discretion, at any time and without prior notification, change or discontinue any aspect of the Contest and to change, amend, delete or modify the Terms of Use and other rules and regulations including the mechanism of the Contest, or any part thereof. Such changes shall be effective immediately upon posting of the modified Terms of Use on the relevant Organiser Facebook page at https://www.facebook.com/HeinekenMYS. If a participant does not agree to abide by these or any future Terms of Use, do not (continue to) participate in the Contest. Participants are advised to revisit the Organiser Facebook page and regularly read the Terms of Use on a regular basis for possible changes as, by the participant’s continued participation in the Contest, the participant indicates that the participant accepts any such modified terms.

The Organiser may terminate or suspend the Contest at any time at its absolute discretion in which case, the Organiser may elect not to award any prize. Such termination or suspension will not give rise to any claim by the participants. If the Contest is resumed by the Organiser, the participant shall abide by the Organiser’s decision regarding resumption of the Contest and disposition of the prizes.

Any dispute or situation not covered by these Terms of Use will be resolved by the management of the Organiser in a manner it reasonably deems to be fairest to all concerned. That decision shall be final and / or binding on all participants. No correspondence will be entered into.

If these Terms of Use are translated into a language other than English, the English version of the Terms of Use shall prevail in the event of any inconsistency.

Participants to this Contest are deemed to be unconditionally accepting the terms and conditions of this Contest. A failure to adhere to these terms and conditions will result in disqualification from the Contest and forfeiture of the prize(s).

Participation

The Giveaway will be from 1st March until 31st March 2021 at 11:59 PM Malaysian Time. The Activity is only in Peninsular Malaysia only.

The Giveaway is open ONLY to non-Muslim individuals who reside in Malaysia aged 21 and over (as at the date of participation in the Contest and proof of age will be required), who are not Ineligible Persons and who are lawfully permitted to consume alcoholic beverages. No syndicates or groups will be allowed to participate.

The following categories of persons are not eligible and excluded from participation in the Contest:

Persons employed by, or working for, the Organiser including its affiliated and related companies and their immediate family members (children, parents, brothers and sisters, including spouses) in any capacity; 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); and Persons working for third party companies that are involved in the organisation or execution of the Contest.

Each such person shall be referred to as an “Ineligible Person” and collectively referred to as “Ineligible Persons” in these Terms of Use.

Contest Mechanics

1 Brief Description of Contest

The Heineken® 0.0 Dry March Contest is organized with the intention to reward Non-Muslim Malaysians above the age of 21 who have participated in the promotion with purchase on-ground.

The Contest is available on Heineken® Malaysia Instagram account and on Heineken® Malaysia Microsite (www.heineken00drymarch.com).

The Contest shall be held from 22nd February 2021 (9am Malaysian Time) and will close on 31st March 2021 (11.59pm Malaysian Time) or such other time that the Organizer deems fit.

The Organizer reserves the right to vary, withdraw or re-schedule the Contest Period or any dates thereof at its sole discretion.


2 Mechanism of Contest

The method of participation in the Contest is via microsite upon submitting details to the microsite or Instagram feed/stories submission upon submitting entries via the platform during the Contest Period.

To participate, you must take a photo/video of any of the 31 day activities that is available on the microsite and #Heineken00DryMarch and tag @HeinekenMY. Heineken Malaysia Instagram will contact each participant to complete a form with the Participant’s full name (as stated on his/her NRIC), Date of Birth, Phone number and Full Address to be eligible for the Contest.

1 video/photo per entry for the Contest. Participant(s) may submit only one (1) entry.

The Organizer reserves the right to reject any entry that is not submitted in the required manner as indicated above including, but not limited to, entries with incorrect or incomplete information, or where the POP is altered, duplicated, defective, is invalid and will be automatically disqualified from the Contest without notice.

Participants MUST keep the original POP for verification and prize redemption purposes. Failure to do so will result in disqualification and forfeiture of prize won.

The Organizer does not charge for Contest entries submitted by the participants.

The Organiser shall not reimburse the participants for the charges incurred in sending the WhatsApp entry including Sales and Services Tax (SST), and related charges, if any.

The participants must adhere to the mechanism of the Contest as may be notified or communicated by the Organizer during the Contest Period.


3 Prizes

There are 329 units of Heineken March Dry Pack and 1000 units of Heineken 4-can pack to be redeemed throughout the Promotion Period.

a) The March Dry Pack contains 31 cans of Heineken® 0.0 330ml
*The redemption of the March Dry Pack is only applicable to Klang Valley.

b) Heineken® 4-can pack contains 4 can of Heineken® 0.0 330ml
*The redemption of the Heineken 4-can pack is only applicable to Peninsular Malaysia

The Organizer reserves the right to substitute any one of the prize(s) with items of equivalent value at any time without prior notice.

All prizes are accepted entirely at the risk of the participant and are awarded by the Organizer and/or sponsors without any warranty of any kind express or implied. The participant shall execute a deed of release and indemnity in a form prescribed by the Organizer, if so required, in order to receive the Prize.

The Organiser reserves the right to not award any and/or all of the prize(s) on the basis that there are insufficient entries which qualify and satisfy the criteria (“Qualifying Entries”). For example, if there are 100 prizes available to be won during a particular Prize Period, in the event that there are less than 100 Qualifying Entries, the Organiser is entitled to only award the prize(s) to the Qualifying Entries and forfeit the remaining prize(s).


4 Selection of Winners

The Organiser will deliver the prizes based on first come first served basis. 1 participant is only entitled to 1 prize. Hence, once the sign up is done, the Organiser will contact the selected participant on the prize redemption anddelivery.

Confirmation on the prize will be done via Email or WhatsApp.

All prizes are bound by the terms and conditions attached to the prizes and these Terms of Use and must be claimed within the stipulated time frame (before 11.59pm on 31st March 2021). Failure to do so will result in the forfeiture of the prize. (All prizes will be processed for delivery by 10th March 2021).


5 Notification, Verification and Contact of Winners

Winners will be notified via the instant messaging app ‘WhatsApp’ using the same contact number in which they entered the contest. The winners must ensure that the data details provided to the Organiser are true, accurate, current and complete. Winners will be informed of their win and they will be advised by the Organiser as to the verification and redemption of prizes process.

Each winner is only allowed to win one (1) prize from the Contest. The winners must respond within one (1) day from the time when the Organiser sent the notification via WhatsApp from +6011-3987 9037. If the winner fails to respond within one (1) day, the Organizer reserves the rights to substitute the winner with subsequent name on the list.

VERIFICATION

The winner will be contacted via WhatsApp to confirm if they are non-Muslim, 21 years old and above to the Organiser and its appointed agent (which means a third party appointed by the Organiser from time to time as its agent to, amongst others, manage the WhatsApp hotline and the distribution of the prizes persuant to this Contest, hereinafter referred to as the “Appointed Agent”) for verification.

The details provided must be an exact match to the details submitted via Instagram DM or on Heineken® Malaysia’s microsite (www.heineken00drymarch.com).

CONTACT

Upon verification and confirmation of the details, the Contest winners will be contacted by +6011-3987 9037 by the Organizer’s Appointed Agent.

Prize Fulfilment

Once the winner has been verified and confirmed, prize fulfilment shall be through:

Prizes will be delivered to each winner based on the sign up and the contest entry.

Prize sent via courier service: The winner must sign and send back a copy of all the consent documents together with the original receipt as proof of purchase and a scanned copy of their I.C. for verification purposes to the Organiser.

By participating in the Contest, the participants grant the Organiser the permission to publicise, broadcast or otherwise disclose his or her name, character, likeness, statements or any promotional activities in any and all media concerning the winning of the Contest, or contests generally held by the Organiser at any time and from time to time. The Organiser may promote or advertise that a particular winner won the Contest. All participants and/or winners hereby agree and consent to the use of his/her name for the purpose of advertising, trade or promotion by the Organiser without any additional compensation, notification and/or permission.

The Organiser reserves the right to disqualify and remove any participants from the Contest without prior notification or disclosure of information should the participants be suspected of tampering with their entries or is found to be in breach of these Terms of Use and any conditions of the Contest.

The Organiser reserves the right to forfeit the prize if the winner fails to respond by the date and time agreed by the winner and the Organiser's Appointed Agent.

The Organiser reserves the right to ignore requests from winners during the Contest Period which are deemed by the Organiser to be unreasonable.

Note: In the event of any conflict or inconsistency between the terms and provision in this table and those of the Contest, the terms and provisions in this table will prevail.

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Other Terms of Use

The participant agrees that he / she shall:

abide by the said terms and conditions accordingly and agrees to cooperate and to follow all directions given to the participant;
not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the Contest Period;
not by act or omission, directly or indirectly bring the Organiser into disrepute;
not give any product endorsement, any interviews or be involved in any articles or reports in respect of the Contest or the prize with any third party;
agrees that the participant’s participation in the Contest does not entitle the participant to wages, salary or any other compensation.

Submission of the Entry does not guarantee the participant the opportunity to participate in the Contest. The Organiser has the right to, at its sole discretion and without prior notification, reject, refuse or exclude a participant from participation in the Contest for reasons, including (without limitation) where the Entry is not complete, non-compliance or non-fulfilment of any of these Terms of Use or attempts to compromise the Contest in any way.

The Organiser reserves the right to substitute the prize, or any portion thereof, as the case may be, for an alternative prize of equal or greater value should the prizes promoted not be available due to unforeseen circumstances.

In the event that a winner chooses not to accept a prize, they forfeit any and all claims to that prize, which will be dealt with according to the reasonable discretion of the Organiser subject to compliance with any applicable laws.

The prizes must (where applicable) be used on the dates specified, cannot be sold, changed or exchanged for money or for other prizes and the prizes are not transferable or negotiable and may not be redeemed for cash.

Any tax payable as a result of a prize being awarded is the sole responsibility of the winner.

The Organiser’s decision in relation to any aspect of the Contest is final and binding. No communication will be entertained in this regard.

Save and except for any warranties implied in law (if any), all prizes are used/taken entirely at the risk of the winner in all things, and the Organiser excludes all warranties in connection with any prize to the extent permitted by law. The Organiser makes no representations that the prize will be satisfactory to the winners.

The Organiser may publicise, broadcast or otherwise disclose a winner’s or participant’s name, character, likeness, statements or any promotional activities concerning the winning of the Contest, or contests generally held by the Organiser. The Organiser may promote or advertise that a particular winner won the Contest. All winners hereby agree and consent to the use of his/her photo, name, appearance, voice and likeness to and to transmit, copy , publish, copyright, distribute and display it in connection with articles, exhibitions, publicity, advertising, education, trade and/or promotional material or activities undertaken ("Promotional Materials") by the Organiser without any additional compensation, notification or permission. Participants and/or winners shall not be entitled to claim ownership and/or other forms of compensation on any of the materials. All winners and participants also hereby agree to waive any rights that he/she may have to inspect or approve any finished products or any advertising copy of the Promotional Materials that may be used, arising directly, indirectly or in connection with the Promotion. Further, all winners and participants hereby agree that he/she assigns all of his/her rights, titles and interests that he/she may have in any form of media in which any or all of his/her photos, name, appearance, voice and likeness have been captured in connection with the Contest, along with full rights of assignability, and agree to execute any documents required by the Organiser to give effect to this assignment.

Release

The participant agrees to waive, release and discharge the Organiser, its agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which the participant or any party claiming through the participant hereafter may have arising out of acceptance of any prize(s) or participation in the participant including (but not limited to) death, personal injury and damage to property and whether or not direct, consequential or foreseeable.

Each participant hereby agrees to indemnify and hold the Organiser and each of its subsidiaries, affiliates, related companies, advertising and promotion agencies and each of its and their respective directors, employees, agents and representatives (the “Released Parties”) harmless from and against any losses, damages, rights, claims, or cause of action of any kind arising, in whole or in part, directly or indirectly, as a result of the participant’s breach of the participant’s warranties and undertaking and any breach of the Terms of Use and / or the rules and regulations of the Contest, participation in the Contest or arising in connection with a prize. The Released Parties shall not be responsible for lost, late, misidentified or misdirected entries or telecommunication or computer hardware or software performance, errors, delays or failures.

Disclaimer

THE ORGANISER DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE COMPETITION. THE COMPETITION AND THE PRIZES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’.

Intellectual Property

All intellectual property rights used in relation to the Contest are owned by the Organiser, and its employees, officers, directors, agents, affiliates, parent, subsidiaries and representatives (“Organiser Group”).

All intellectual property rights in connection with this Contest shall vest in the Organiser. The participants shall not be permitted at any time to reproduce or distribute any intellectual property rights in respect of this Contest.

Entries and details submitted in connection with the Contest (whether in written, audio or visual form, or a combination of those) or any photographs, video and/or film footage or audio recording taken of the participants shall be the property of the Organiser. The Organiser may use the material in any medium and in any reasonable manner it sees fit. Copyright of any such material becomes and remains the sole property of the Organiser. The participant hereby assigns to the Organiser all worldwide copyright and like rights in the entries and waive all moral rights.

Facebook and/or WhatsApp

This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook and/or WhatsApp.

The participants are providing the participants’ information (save in respect of the participants’ Facebook and/or WhatsApp username and password) to the Organiser and not to Facebook and/or WhatsApp. The information the participants provide will solely be used for and by the Organiser Group and will not be sold, transferred, given or shared with any third party not in any relation to the Contest.

The participants agree that the participants shall waive any claim the participants may have against the Organiser Group that is in any way connected with a dispute the participants may have with Facebook and/or another participant of the Contest (“third party participant”) and the participants agree to indemnify the Organiser Group for any losses or liability the Organiser Group suffers as a result of any claim against the Organiser Group by Facebook and/or WhatsApp and/or the third party participant as a result of the participants’ dispute or in relation to the participants’ dealings with Facebook and/or WhatsApp and/or such third party participant. This waiver and indemnity shall not apply in the event of any breach, fraud or wilful misconduct on the part of the Organiser Group.

Liability

Each participant agrees that except in respect of damages, losses, injuries, rights, claims or actions caused by or arising from the breach or negligence of the Organiser, the Organiser shall not be liable or responsible for damages, losses, injuries, rights, claims or actions of any kind in connection with the Contest, or resulting from the acceptance, possession, use/misuse of prizes, or participation in the Contest. Each participant further agrees that the Organiser will not be responsible or liable for any Entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, duplicated or otherwise not in compliance with these Terms of Use or arising due to the fault of the participant.

The Organiser shall not be liable to any participant nor shall the Organiser be deemed to be in breach of the Terms of Use by reason of any delay in performing, or any failure to perform, any of the Organiser’s obligations hereunder, if the delay or failure was due to any cause beyond the Organiser’s reasonable control.

Notwithstanding the foregoing, nothing in these Terms of Use is intended to limit any rights the participants might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Organiser’s liability to the participants for any loss or damage arising from the breach or negligence on the part of the Organiser.

The Organiser reserves the right at its reasonable discretion to disqualify any individual that it determines to be tampering with the entry process or the operation of the Contest or its website (if any), to be acting in breach or potential breach of these Terms and Conditions. No correspondence will be entertained.

The Organiser reserves the right to cancel the Contest at any time due to unforeseen circumstances, sovereign laws and regulations.

No warranty or guarantee is given by the Organiser in relation to any of the prizes and to the fullest extent permitted by law, the Organiser, its agents and trading partners will not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded pursuant to this Contest. The Organiser does not recommend or guarantee the performance of any contractor or other obligations of any third parties associated with the prizes and will not be liable for any fraud committed by any third party.

During the Contest, any request or complaint concerning the Contest and the Terms of Use may be sent via private messaging to https://www.facebook.com/TigerBeerMY and stating the participant’s name, address, e-mail address and telephone number. The participant will be contacted within a reasonable time after receipt. The Organiser will not engage in any correspondence related to the selection of the winner.

Other Provisions

Nothing in or relating to this Contest may be reproduced or published without the Organiser's express consent.

No rights can be derived from this Contest or the results thereof.

The Contest is void where the same is prohibited or restricted by any local, national, state, or any governmental laws.

If these terms and conditions are or become partially void, the Organiser and the participant will continue to be bound by the remainder of the same. The parties shall replace the void part be provisions that are valid and have legal effects that correspond with those of such void part as much as possible, taking into account the content and the purport of these terms and conditions.

These Terms of Use will prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional materials advertising of the Contest.

This Contest is subject to the Malaysian Advertising Code for Alcoholic Beverages.

The participants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein. The Organiser shall be entitled to assign or sub-license the whole or any part of its rights hereunder to any third party as may be determined by it.

All rights and privileges herein granted to the Organiser are irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Participants have the right to injunctive relief or to restrain or otherwise interfere with the organization of the Contest, the production, distribution, exhibition and/or exploitation of the Contest and / or any product based on and / or derived from the Contest.

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Personal Data Protection Act Policy In Social Media Sites

This policy serves as a written notice (“Notice”) as prescribed under the Personal Data Protection Act 2010 (hereinafter referred to as the “PDPA”), to inform you that your personal data is being processed by or on behalf of Heineken Marketing Malaysia Sdn. Bhd. (“HEINEKEN Malaysia”, “our”, “us” or “we”). For the purpose of this Notice, the terms “personal data”, “sensitive personal data” and “processing” shall have the meaning prescribed in the PDPA.

We are collecting and further processing the personal data you choose to share on Facebook, Instagram, Twitter, YouTube, and other social media sites, including our brand website (collectively, “Social Media Sites”). The personal data collected and further processed by us may vary between individuals depending on the privacy and security settings available to your account on the relevant Social Media Sites. For more information about the choices and means for limiting the personal data processed by the Social Media Sites, please visit the respective Social Media Sites privacy policy page.

We will be processing your personal data, including any additional information you may subsequently provide to us, for the purposes of contacting or communicating with you, advertising our or third party’s services, products, activities, special events or offers, to respond to your posts, submissions, comments, requests, inquiries or complaints, to request feedback from you, assessing your application to register for the use or subscription of the Website, administer your participation in contests, conduct internal activities, market surveys and trend analysis, other legitimate business activities of Heineken Malaysia and any other purposes as may be related to the foregoing and/or as set out in the Social Media Sites and if applicable, contest terms and conditions (“Purposes”).

In respect of the personal data collected from our brand website, it is obligatory that you supply us your personal details as required by the Promotion. If you fail to supply us such compulsory personal data, we may refuse to process your personal data for any of the Purposes.

We may disclose your personal data to our related corporations, service providers, business partners, and any governmental departments and/or agencies, regulatory and/or statutory bodies as and when required by any laws or regulations.

By “liking” our Facebook brand page, or following us on our brand’s Instagram or Twitter, or subscribing to our brand’s YouTube channel or otherwise expressing or providing a similar indication of your interest in us in other Social Media Sites, you hereby agree that you have read this Notice and consent to our collection and further processing of your personal data in the respective Social Media Sites in the manner as specified in this Notice. Unless you have asked us not to, we will contact you by posting, messaging or emailing you with any offer or promotions in relation to our upcoming events, products and services. If you do not wish to receive any of these offers or promotions, access and request for correction of your personal data, to limit the processing of your personal data, or to contact us with any enquiries or complaints in respect of your personal data as follows please send us an email to [email protected].

You are responsible for ensuring that the personal data we collect is accurate, complete, not misleading and kept up to date.

This Notice shall be drafted in English as well as in Bahasa Malaysia. In the event of any inconsistency between the English version and the Bahasa Malaysia version of this notice, the English version shall prevail over the Bahasa Malaysia version.