Back To School “I Buy I Win” Contest
Terms & Conditions
 
The Bata Back to School I Buy I Win (Contest Title/Theme) SMS Contest (“Contest”) is organized by Bata (Malaysia) Sdn Bhd (“the Organizer”) of B-17, Menara Bata, No. 8, PJU 8/8A, Bandar Damansara Perdana, 47820 Petaling Jaya, Selangor, Malaysia.

1. Contest Period
1.1 The Contest begins at 00:00 (GMT +8) 6th December 2014 and ending on 23:59 (GMT +8) on 4th January 2015 (“the Contest Period”) or any period as may be notified by the Organizer.
1.2 The Organizer may at its sole and absolute discretion extend the Contest Period at any time without any prior notice to any party (“the Extended Period”). Unless Contest Period is extended aforesaid, any entries received by the Organizer after 23:59 (GMT +8) on 4th January 2015 (due to any reason howsoever and/or whatsoever arising) shall be automatically disqualified. Any participation in the Contest during such Extended Period (if any) shall similarly be governed by these terms and conditions (“Terms and Conditions”) which shall remain in full force and effect.

2. Eligibility

2.1 The Contest is open to all Malaysians or permanent residents of Malaysia (hereinafter collectively referred to as “Contestants”), except the employees and the immediate family members of Bata (Malaysia) Sdn Bhd, its promotion agencies, advertising agencies, PR agencies and its associate companies.
2.2 The Contestants shall be permitted to participate in the Contest via the use of mobile phones/SMS only for contest entry while devices not limited to mobile phones, tablets and computers are permitted to log on to Bata Back To School I Buy I Win Facebook App for additional unique codes generation.
2.3 The use of Bata Back To School I Buy I Win Facebook App is solely for retrieval of additional Unique Code.
2.4 Contestants under the age of eighteen (18) must seek parental and/or guardian approval to participate. The Organizer may at its sole discretion request for such proof of parental and/or guardian approval as a condition for participation. For Contestants under the age of eighteen (18), the Organizer considers it the responsibility of parents and/or guardian to monitor the Contestants’ participation in this Contest.
2.5 By allowing their mobile phones to be used/submitted for the Contest, the registered mobile phone user hereby acknowledges that they are bound by these Terms & Conditions. Any payments in connection with the Contest shall be made irrespective of whether such charges were authorized by the registered mobile phone user.
2.6 By tagging friends on Facebook for promotion notification, Facebook user and/or Contestants hereby acknowledged that they are bound by these Terms & Conditions. Any payments in connection with the Contest shall be made irrespective of whether such charges were authorized by the registered mobile phone user or any other mediums used.
2.7 The contest period is from 6th December 2014 to 4th January 2015 (both date inclusive).
2.8 Each Contestant shall be entitled to one (1) entry with a minimum purchase of 2 pairs of school shoes above RM 60 in a single receipt between 6th December 2014 to 4th January 2015.
2.9 This Contest is valid with purchase of all types of school shoes.
2.10 Contestants are only allowed to tag their friends to retrieve one (1) additional Unique Code with every valid Unique Code retrieved on the receipt for every purchase of 2 pairs of School shoes above RM 60 in a single receipt
2.11 Contestants are allowed to submit as many entries as they wish.
2.12 Contestants are required to send their entries via Short Message Service (SMS) to: 33655. Each SMS entry must be completed with details in the following format in the text message: BATA<Space>Unique Code#IC Number Example: BATA 5190188888#123456011234
2.13 The Unique Code will be displayed on the receipt issue by Bata Stores upon purchase.
2.14 Each Unique Code is only valid and can only be submitted for ONE (1) Contest entry. Contestants may send more than ONE entry but each entry must be accompanied by a valid Unique Code.
2.15 The Unique Code retrieved from the receipt issue by Bata Stores can be submitted on Bata Home Malaysia Facebook App entitled Bata Back To School I Buy I Win Contest for one (1) additional Unique Code for 1 Contest entry. Contestants may send in many to retrieve additional Unique Code but a valid Unique Code retrieved from Bata Stores must accompany each entry.
2.16 Each SMS entry will be charged RM0.50 in addition to any telco operator charges. The Contestants will be responsible for such or other charges levied by their respective telco operator and to verify such charges on their own before submitting their entries.
2.17 Original receipt (Proof of Purchase) must be retained for verification if participant is shortlisted.
2.18 For purchases made over at the Atrium Counter, the customer is required to bring the receipt printed at the Atrium Counter to the nearest BATA store to redeem the Unique Code (The receipt used for the redemption of Unique Code MUST be Stamped and Signed by the respective store manager involved)


3. Notification of Contest Winners
3.1 A computer-generated selection will be conducted to shortlist ten (10) finalists each week.
3.2 Winner/Winners will be required to bring their I/C and original receipt to designated Bata’s Store to collect their prize.
3.3 Winner/Winners will be disqualified if he/she is unable to produce the original receipt and I/C upon collection of prize.
3.4 Contest winners will be notified by telephone call to his/ her mobile phone and the contact number shall be the number used (1st phone number of entry) by the Contestant for the 1st Contest entry submission. However, the Organizer is under no duty or obligation to notify the Contest winners using any other mode of communication.
3.4.1 The Organizer reserves the right but shall not be bound to use any other method or medium it deems fit at its sole and absolute discretion for the purposes of contacting and/or announcing the Contest winners.
3.4.2 The Organizer shall not be held liable in the event the Contest winner(s) cannot be contacted for any reasons whatsoever.
3.5 Proof of mailing, faxing, or delivery of (in any manner whatsoever) any details to the Organizer does not denote proof that the Organizer has received such details.
3.6 The Organizer reserves the rights to forfeit any prizes for any Contest winner who does not provide the required details in accordance with clause 3.3.
3.7 The Organizer reserves the right to appoint a third party to conduct the verification of Contest winners and to deliver the prizes given under this Contest and Contestants agree and authorize that the Organizer may provide all necessary information of Contest winners to such third party for the aforesaid purposes.


4. Contest Prizes
4.1 The Organizer reserves the right to change or substitute the prizes with a prize of like or equal value like without any prior notification.
4.2 The Contest winner shall be responsible for all costs in connection with the redemption, collection, delivery and/or perfection of his/her prize, including but not limited to legal cost, stamp duties, registration and transfer fees, taxes, insurance, spending money and related expenses (such as meals or personal expenses, upgrades etc.) or fees
4.3 Notwithstanding the provisions in these Terms and Conditions, each Contestant shall be entitled only to One (1) Prize for the entire Contest Period and/or Extended Period. The weekly contest periods are as follows:
Week 1: 6th – 14th December 2014
Week 2: 15th – 21st December 2014
Week 3: 22nd – 28th December 2014
Week 4: 29th December 2014 – 4th January 2015
4.4 Prizes not claimed within One (1) month from the date of notification of the Contest result(s) by the Organizer to the Contest winner(s) shall be forfeited. Prizes are not exchangeable, transferable or redeemable in any other form for whatever reason. Contest winners are solely responsible for the collection of their prize(s).
4.5 The Organizer reserves the right to request written proof of residency and of the age of any Contest winner before any prize is collected.
4.6 The Organizer makes no warranties or representations whatsoever with respect of the prize and shall not be responsible nor liable for any loss, breach of warranty, costs, damages, injury or any claims howsoever arising as a result of the usage of such prizes.
4.7 Prizes must be claimed by the Contest winner in person unless permitted otherwise by the Organizer. Proof of the Contest winner’s identity (including without limitation identification card/drivers license/passport which displays a photograph of the Contest winner) may be required by the Organizer before any prize is given to the Contest winner or a designated representative of the Contest winner.
4.8 Where the Organizer elects to post a prize to a Contest winner, the Organizer shall not be responsible or liable in any manner for the safe and effective postal delivery and due delivery of the prize.
4.9 In special situations permitted by the Organizer, and subject to the absolute discretion of the Organizer, a Contest winner may nominate a designated representative to collect a prize. The designated representative will be required to present an original written authorization from the Contest winner and furnish any proof of identification required by the Organizer (including without limitation I/C and driving license).
4.10 In the event that a Contest winner does not or fails to accept a prize, he or she shall be deemed to have disclaimed all rights, interests and claims to that prize and the prize will be dealt with according to the sole and absolute discretion of the Organizer.
4.11 All prizes are accepted entirely at the risk of the Contest winner, and the Organizer excludes all liabilities, representation and warranties in connection with any prize to the extent permitted by law. Contest winners shall comply with the terms and conditions of each prize.
4.12 All brands, names and trademarks associated with or used to describe the prizes are owned by their respective owners or sponsors. The Organizers are not related to, connected to or associated with these parties in any way.
4.13 The Organizers reserve the right to forfeit the prizes, if any Contest Winner fails to produce any Proof of Purchase and to disqualify the Contest Winner's entry.
4.14 The Contest winner must abide by the terms and conditions of any third party supplying all or part of the prize and the terms and conditions attached to the prizes, if any.


5.Proof of Receipt
5.1 Proof of SMS sent by a Contestant does not denote proof that the SMS was received by the Organizer.


6. Publicity
6.1 By participating in the Contest, the Contestants irrevocably and unconditionally grant and give the Organizer the right, at its sole and absolute discretion, to use the nicknames, names, photographs, voice or video recordings, entries and all information of the Contestants provided to the Organizer, for publicity, advertising, trade or promotion in any media or for any other purposes without having to make any payment whatsoever to the Contestants and the Contestant shall further be deemed to have waive any privacy expectations in respect of the same.


7. Adherence to Contest Terms & Conditions
7.1 In addition to these Terms and Conditions, instructions and methods of participating in the Contest, as set out on www.back2school.com.my or otherwise, shall also bind all Contestants and their participation in the Contest.
7.2 In the event of any conflict between these Terms and Conditions and any terms contained in any promotional material for this Contest, the terms contained herein shall prevail.
7.3 Failure to comply with any rules, regulations, instructions or methods connection with the Contest will result in the Contestants being disqualified.
7.4 By participating in this Contest, the Contestant is taken to have read and agreed to the Terms and Conditions herein and shall adhere to all and/or any decisions made by the Organizer and agree that all decisions made by the Organizer is final and binding in all aspects and no appeal, challenges or objections shall be submitted by the Contestant.
7.5 Contestants acknowledge and consent to the Organizers sharing their personal information with its related entities and its agents for the purpose of this Contest and the consent hereby given shall be deemed to be consent for the purposes of the Personal Data Protection Act 2010.
7.6 Contestants also agree and consent to such details including without limitation personal data or information being collected, processed and used by the Organizers for;
7.6.1 the purposes of the Contest;
7.6.2 marketing and promotional activities conducted in such manner as the Organizers see fit in any media including but not limited on the Internet, without further express consent from, and payment or consideration to the relevant Contestants. Marketing and promotion activities includes without limitation the use and/or publication of any details provided in and/or in connection to the entries, interviews material as well responses and related photographs. In this regard, each of the Contestants agrees to co-operate and participate without further express consent and/or payment or consideration, in all reasonable advertising and publicity activities of the Organizers in relation to the Contest.
7.6.3 other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from the Organizers from time to time.
7.7 In addition, where any of the data or information especially personal data relating to the participants and/or third parties (where applicable) are submitted to the Organizers and/or by any participant in connection to this Contest, each of the Contestants;
7.7.1 warrants that he/she is in possession of all necessary consents and shall continue to maintain such consents as may be required for the Organizers and/or usage and processing of such data/information; and
7.7.2 agrees that it shall be the Contestant’s own responsibility to advise the Organizers in writing should there be any relevant change in the said data/information provided to the Organizers which requires action on the part of the Organizers.


8. Variation to the Terms & Conditions
8.1 The Organizer reserves the right to change, amend, delete or add to these Contest Terms and Conditions without prior notice to any person at any time and the Contestants shall be bound by such changes.


9. Liability
9.1 The Organizer will not be responsible or liable for:
 
9.1.1 any problem, loss or damage of whatsoever nature suffered by any party (including without limitation the Contestants) directly or indirectly caused by any delay and/or failure in receiving and sending a SMS resulting from any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators and/or by the Organizer or otherwise. In the event of such error, interruption and/or failure, the Organizer shall not be responsible or liable for any failure by any Contestant to participate in the Contest at any time.
9.1.2 any problem, injury, damage or loss of whatsoever nature to any Contestant, or their authorized representatives resulting from their participation in the Contest or the collection of prizes by Contest winners.
9.1.3 any error (including error in notification of Contest winners), omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, destruction, alteration of, or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
9.2 The Organizer shall not be responsible and shall not be liable if any entry is lost, late or undelivered due to any reason whatsoever. Proof of delivery of entries is not proof that the entries were duly received.
9.3 These Terms and Conditions are governed by Malaysia law and any dispute arising out of or in connection with them shall be subject to the exclusive jurisdiction of the Malaysia Courts. The Organizer has the rights to amend and vary the Terms and Conditions at any point.
9.4 The Organizer, its partners and its sponsors shall not be held responsible for any delay, loss, incomplete or misdirected entries, computer system, phone line, electronic equipment, computer hardware, software and program malfunctions or other errors, failures or delays in computer transmissions or network connections that are human or technical or otherwise in nature or for problems in downloading SMS entries or for any other technical problems related to SMS entries.
9.5 The Organizer and its representative(s) and service provider(s) shall not be responsible for any incorrect or inaccurate information entry caused by any manner whatsoever including without limitation any incorrect or inaccurate information entry caused by the Contestants or by any of the equipment or programmes associated with or utilized in the Contest by the Organizer and its representative(s) or service provider(s) or by any error which may occur in the processing of the entries in the Contest.


10. Disqualification
10.1 The Organizer reserves the right at its sole discretion to disqualify any individual that it determines to be tampering with the entry process or the operation of the Contest, to be acting in breach or potential breach of these Contest Terms and Conditions and/or the Organizer’s Website Terms of Use and Notices and/or Facebook Terms of Use. No correspondence shall be entertained.


11. Suspension
11.1 The Organizer further reserves the right to cancel, modify, suspend or delay the Contest at any time without prior notice to any person and such cancellation. Modification, suspension or delay shall not entitle the Contestant to any claim or compensation against the Organizer for any loss or damage and the organizer shall not be liable in any manner whatsoever in respect of any cancellation, modification, suspension or delay of the Contest.