This Standard Terms, Shopee Policies and Privacy Policies available at Shopee Malaysia’s Website collectively be referred to as “Standard Terms”, shall govern the contest(s) organized by Shopee Mobile Malaysia Sdn. Bhd. and/or its related companies (“Shopee Malaysia”, “we” or “our”) at the relevant platforms (“Contest”) and shall be in addition to the terms set out in Basic Terms of Contest Terms and Conditions issued by us from time to time for all Contest (“Basic Terms”). Basic Terms and Standard Terms shall collectively be referred to as “Terms and Conditions”. In the event of any inconsistency between the Standard Terms and the Basic Terms, the Basic Terms shall prevail to the extent of such inconsistency.
Entry and participation in the Contest shall be deemed an unconditional acceptance by you being the participants (as defined below) of the Contest of these Terms and Conditions.
1. Mechanism. The brief mechanism of the Contest is set out in the Basic Terms. You must adhere to the mechanism of the Contest as may be briefed and communicated to you by us from time to time during the Contest Period (as provided in the Basic Terms). We reserve the right to amend, vary or add to the Contest’s mechanic, postpone or re-schedule the dates of the Contest or extend the Contest Period at our sole discretion without prior notice. If so required, the application or sign up form must be completed, filled up accurately by you and sent to us vide the mode set out in the Basic Terms. Entries must be received by us on or before the entry deadline as set out in the Basic Terms.
2.1 The Contest is open to users of Shopee Malaysia platform (“participant(s)”, “your”, “user(s)” or “you”), must be a real person, and a Malaysian citizen residing in Malaysia aged 18 years and above (proof of address or age may be required), unless otherwise stated in the Basic Terms and not open to employees of Shopee Malaysia and employees under Shopee’s related companies or an employee, officer or agent of any person or organization involved in the running of the Contest.
2.2 Participants or entries to our Contest on social media must be from a genuine social media account. Shopee Malaysia reserves the rights to disqualify or reject any entries coming from an account that are (i) non-genuine account; (ii) account name changed after submission of entry(ies); (iii) same owner and/or beneficiary for multiple social media accounts; and (iv) in our sole determination, believes that the account has attempted to undermine the operation of the Contest by fraud, cheating, deception or conduct deemed unacceptable to us.
2.3 You are only entitled to participate in one of the platform contest, and any participation in multiple jurisdictions will be void, unless advised otherwise by us. You may submit multiple entries, subject to the terms set out in the Basic Terms, but only one (1) entry may win.
2.4 The maximum number of entries for a Contest shall be at our sole discretion. However, once the maximum number of entries has been received, the Contest will be closed to new entries notwithstanding the Contest Period, unless otherwise stated.
2.5 We reserve the right to disqualify you and/or revoke the Prize (at any stage of the Contest) if: (i) you are ineligible or does not meet any of the eligibility criteria; (ii) you breached the Terms and Conditions or other rules and regulations of the Contest; and (iii) in our sole determination, believes that you has attempted to undermine the operation of the Contest by fraud, cheating, deception or conduct deemed unacceptable to us. In the event of a disqualification after the Prize has been awarded, we reserve the right to demand for the return of the Prize or payment of its value from the ineligible or disqualified participants. Whilst we will endeavor to conduct necessary verifications on the eligibility of participants, failure to disqualify any ineligible participants shall not be deemed a breach by us.
3. Representation and warranties.
3.1 You represents and warrants to us that you has (i) met all the eligibility criteria; (ii) has the right, authority and power to enter into this Contest in accordance with these Terms and Conditions; (iii) shall provide such proof as we require; (iv) that all the statements (if any and if so required) made by you to us are true correct accurate and complete; and (vi) where applicable, at all times and whether in the course of his/her performance in the Contest or otherwise, the Participant is not allowed to give expression, demonstrate support or associate himself/herself in any way, whether verbally or otherwise, with any cause, issue, movement or material which may be sensitive, anti-establishment, critical of or anti Government or which may be offensive, cause disharmony or upset to any sector of the public or which may jeopardize or prejudice us in any way.
3.2 Where applicable, you hereby irrevocably grant to Shopee Mobile Malaysia Sdn. Bhd. the absolute, unrestricted, transferable, irrevocable, perpetual, worldwide right to use and/or license of your name, picture, likeness, voice, biography, statement or material (“Content”) without further compensation, consideration or notice to you or any third party, and to reproduce, copy, modify, create derivative works from, display, transmit, broadcast, via all media known now or hereafter devised, the Content, either alone or in conjunction with any other material, in any form, format or embodiment, in connection with advertising, promotion, publicity, trade and/or sweepstakes and/or Contest’s promotions, activities or materials.
4. Decision. The criteria for the selection of winners shall be as set out in the Basic Terms. Notification of winners will be via the means as set out in the Basic Terms. Our decision on all matters relating to the Contest (including without limitation, the selection process, the result of Contest and/or any resolutions made) is final and binding. Any letters, enquiries, appeal or protest will not be entertained. You hereby agree that no action will be taken against us, or our affiliates and you shall not make any oral or written complaints to the public in any form whatsoever during or after the Contest.
5.1 The Prizes shall be as set out in the Basic Terms. The winners’ names will be notified or announced by us through the mode and in such manner as set out in the Basic Terms.
5.2 You are only entitled to one Prize or one winning for a Contest, unless otherwise stated.
5.3 In the event you choose not to accept a Prize or did not redeem the Prize, the Prize shall be forfeited or be dealt with according to the absolute discretion of us.
5.4 Where the Prizes awarded are non-cash prizes, you shall not be entitled to redeem the same for cash or other alternatives.
5.5 We do not guarantee the availability of non-cash Prizes and we shall be entitled to replace and/or substitute such prize(s) with any other prize(s) of similar value as determined by us, our agent or sponsors, at our sole discretion.
5.6 All Prizes are strictly not transferable, assignable exchangeable or redeemable by you in any other form or manner other than that specified in Basic Term. All specific or special terms and conditions that are attached to the Prize (whether by our partner, agent or sponsor) must be adhered to by you.
5.7 You agree that if the Contest involves a group winning and the group emerges as a winner, you agree that we are authorized to award the Prize to the group leader. In such event, you shall liaise directly with the group leader for the share in the Prize and shall not have any claims whatsoever against us for the Prize or any part thereof.
5.8 You are responsible for any and all taxes payable as a result of a Prize being awarded or received, if applicable.
5.9 All Prizes are accepted entirely at your own risk and are awarded by us and/or our sponsors without any warranty of any kind express or implied. You shall execute a deed of release and indemnity in a form prescribed by us, if so required, in order to receive the Prize.
5.10 Prizes must be claimed in person unless we prescribe another mode of collection. Where we elect to post a Prize to the Contest winner(s), no responsibility will be accepted by us for the safe and effective postal delivery of the Prize.
5.11 In special situations, and subject to the absolute discretion of us, the Winner(s) may nominate a designated representative to collect a Prize. The representative will be required to present a written authorisation from the Winner and a copy of identification card of both representative and the Winner.
5.12 We reserve the right to withhold the Prizes if you breach and/or fail to comply with any of the provision of these Terms and Conditions.
5.13 If the Prizes awarded by us are in the form of free tickets or other forms of giveaways, and where you are a winner, you shall be bound by the event promoter’s terms and conditions. In the case of ticket prizes and you are a winner, you must adhere to those terms and conditions set out on the ticket and the rules and regulations of the venue thereof.
6. Liability and Indemnity.
6.1 We will not be responsible for any loss, liability or damages arising out of the Contest participation and any technical issues, including but not limited to server issues and/or poor internet connection, leading to not being able to participate in the Contest. You hereby forever waive, release and discharge us, our agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which you or any party claiming through you hereafter may have arising out of participation in the Contest whether direct or indirectly, consequential or foreseeable.
6.2 We shall not be liable to perform any of our obligations in respect of the Contest and these Terms and Conditions in respect of the Contest where we are unable to do so as a result of circumstances beyond our control and shall not be liable to compensate you in any manner whatsoever in such circumstances.
6.3 You shall indemnify us, our affiliates, agent and sponsors from and against all liability, cost, loss or expenses suffered thereby as a result of your breach of the warranties and undertakings and any breach of these Terms and Conditions and/or the rules and regulations of the Contest.
7. Personal Data. As participants and/or winners of the Contest, you may be required to provide your personal details to us which details may include (i) full name; (ii) contact number; (iii) home address; (iv) email address; (v) NRIC number; and (vi) date of birth (“Personal Data”) as part of participation process. By submitting an entry and the details to us, you agree to provide such Personal Data to us and we may collect, use, disclose and/or process your Personal Data for:-
(a) verification purposes, contact purposes and for delivery of the Prize to you;
(b) marketing and advertising, and in this regard, to send you by various mediums and modes of communication marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties whom we may collaborate or tie up with) that we (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future;
(c) share the data to any third parties whom we may collaborate or tie up with in relation to the Contest; and
(d) any other purposes as stated in the Privacy Policies.
8. Email us at email@example.com or call +603 2777 9222 for further inquiries (Monday to Sunday - 9.00am to 6.00pm including Public Holidays). Kindly include your Shopee username for our reference to serve you more efficiently.
9. We reserve the right to, at any time, change, amend, delete or add to these Terms and Conditions and other rules and regulations including the mechanism of the Contest at our absolute discretion without prior notice.
10. These Terms and Conditions shall be construed, governed and interpreted in accordance with the laws of Malaysia. In the event of any dispute or in relation to the interpretation of these Terms and Conditions and/or obligations under these Terms and Conditions which cannot be resolved amicably such dispute or differences shall be settled between Shopee Malaysia and the participant, the same shall be referred to binding arbitration in Kuala Lumpur in accordance with the rules of the Asian International Arbitration Centre (AIAC) in the English language with one (1) independent arbitrator. The award of the arbitrator shall be final and binding. Arbitration proceedings shall not prevent us from seeking equitable injunctive interlocutory relief from the courts of Malaysia.
Last Updated: 4 April 2023