1.0 CAMPAIGN OVERVIEW
“Multi-Million Mania” campaign (“Campaign”) is a Campaign organized by TROPICANA INDAH SDN BHD (“TISB”), to be held at Tropicana Gardens Mall (“TGM”) subject to these Terms and Conditions. Please be informed that the Campaign is opened to all Purchaser(s) (as defined below) of Tropicana group of companies (as defined below). By participating in this Campaign, the Purchaser(s) agrees to adhere, observe and be bound by these Terms and Conditions.
CAMPAIGN PERIOD
The Campaign period will be from 21st January 2022 to 17th June 2022 (“Campaign Period”). TISB and/or Tropicana group of companies reserve its rights to vary the Campaign Period at its absolute discretion.
2.0 ELIGIBILITY
2.1 ONLY the following participants are eligible to participate in this Campaign (“Eligible Participants” and each, an “Eligible Participant”):-
a. a person at the age of 18 and above at the time of entry of the Campaign;
b. a shopper at TGM; or
c. a purchaser who has purchased property from the group of companies under Tropicana Corporation Berhad (“Tropicana group of companies”) during the Campaign Period (“Purchaser(s)”).
2.2 To be qualified as an Eligible Participant, a purchaser(s) must purchase a property from Tropicana group of companies during the Campaign Period and fulfil all three (3) criteria below:
a. Book a property from Tropicana’s group of companies from 1st January 2022 onwards; and
b. Obtain the approved Letter of Offer (LO) from the End Financier; and
c. Sign and execute the Sale and Purchase Agreement for the selected property of Tropicana group of companies within the Campaign Period, on/before 17th June 2022.
2.3 ONLY Eligible Participants who fulfil the conditions under Clause 2.2 are eligible to participate in the Grand Draw.
2.3 All Eligible Participants may be required to submit further proof of their eligibility within such time frame as may be required by TISB and/or Tropicana group of companies, failing which, TISB and/or Tropicana group of companies shall be entitled to disqualify any Eligible Participant.
2.4
TISB
and/or Tropicana group of companies reserve the sole and
absolute discretion to determine the eligibility of any person in relation to
the Campaign.
2.5 TISB and/or Tropicana group of companies may at any time during the Campaign Period disqualify any person from participating in the Campaign without providing any reason.
2.6
The following categories of persons are NOT eligible to participate in
the Grand
Draw OF THE Campaign: -
a. Permanent and/or temporary employees of TISB and/or Tropicana group of companies and their immediate family members (parents, siblings, children or domestic partners) or household members of such officers, directors, employees, agents and representatives; and
b. Representatives and/or business partners (including advertising, promotion and public relations agencies) of TISB and/or Tropicana group of companies and their immediate family members (parents, siblings, children or domestic partners) or household members of such officers, directors, employees, agents and representatives.
c. any person whose participation in / and association with the Campaign may cause (in the sole and absolute opinion of TISB and/or Tropicana group of companies) TGM, TISB and/or Tropicana group of companies and / or the Campaign any disrepute, contempt, scandal, ridicule, or cause TGM, TISB and/or Tropicana group of companies or the Campaign to be perceived unfavourably;
d. any other person or class of persons deemed ineligible or notified by TISB and/or Tropicana group of companies as being ineligible from time to time; or
e. a person
who is insane, bankrupt or subject to a criminal investigation or has criminal
proceeding instituted against him or her in any jurisdiction, TISB
and/or Tropicana group of companies reserves the sole and
absolute discretion to determine the eligibility of any person in relation to
the Campaign.
3.0 GRAND PRIZE DURING THE CAMPAIGN PERIOD
The Eligible Participant who is the Shopper at TGM will be subjected to the Terms & Conditions for the shopper.
For Eligible Participant who is a purchaser of a property from Tropicana group of companies during the Campaign Period, he/she will stand a chance to win the Grand Prize (as defined below):-
3.1 Subject to these Terms and Conditions, the selection of grand prize for this Campaign is to be determined at the sole and absolute discretion of TISB and/or Tropicana group of companies.
3.2 The grand prize for the Campaign is one (1) unit of Edelweiss SOFO, Tropicana Gardens (“Grand Prize”). Each Eligible Participant will have a chance to win the Grand Prize.
3.3 Upon fulfilling all three (3) criteria as per Clause 2.2, Eligible Participants shall be automatically entitled to ten (10) Entry Cards. The respective sales person of the Eligible Participant will assist him/her to fill up all personal information within the Card and return the Card to [] Headquarters of Tropicana group of companies for verification to be recognized as an eligible entry to win the Grand Prize during the Campaign Period.
3.4 Eligible Participants are allowed to purchase as many units of properties from Tropicana Group of Companies within the Campaign Period, and will be automatically entitled to the number of entries as per Clause 3.3.
3.5 TISB will hold a Grand Finale for the Grand Draw on 6th July 2022 at TGM, Concourse Floor, in which 50 shortlisted Eligible Participants with eligible entry will be invited to attend and be informed of the date of the Grand Finale via email and/or SMS.
3.6
Eligible Participants with eligible entry are required to be present
at the Grand Finale. If the Eligible
Participant is unable to attend the Grand
Finale
personally, the Eligible Participant may
appoint a representative to be present at the Grand Finale
on
behalf of the Eligible Participant by producing a
letter of authorisation containing the representative’s details prior to the
Grand Finale. The photocopy of identity card/passport (front and back) of the
authorized person must also be produced on the day of
the Grand
Finale
for verification purpose. Failing which, his/her right to win
the Grand Prize shall be void.
3.7 Eligible Participants must present their identity cards and/or passports for verification and validation on the day of the Grand Draw.
3.8 The top management of Tropicana group of companies will pick one (1) winner at the Grand Finale (“Winner”)
3.9 The Grand Prize is not transferable and cannot be exchanged for cash.
3.10 Any incidental costs applicable to purchasing a property, including but not limited to the legal fees and disbursements incurred in relation to the preparation and/or execution of the Sale and Purchase Agreement and Memorandum of Transfer for the Grand Prize shall be borne solely by the Winner. Failing which, the Grand Prize shall be automatically forfeited.
3.11 Any taxes payable relating to the Grand Prize is the responsibility of the Winner.
3.12 Unless otherwise specified, all ancillary costs relating to the Grand Prize are the responsibility of the Winner.
3.13 In the case where the Winner is a Bumiputera, the Grand Prize will be a Bumi unit under Bumi Quota.
3.14 In the case where the Winner is a Foreigners/Permanent Residents/Foreign Companies (where they are not permitted to own a commercial property below RM3milion located in the State of Selangor), the Grand Prize shall be substituted for one (1) unit of Assana Serviced Suites, Tropicana Cenang.
3.15 The Winner shall execute the Sales and Purchase Agreement to effect the transfer/assignment of the Grand Prize within thirty (30) days from the date of notification by TISB or Tropicana group of companies, failing which, the Grand Prize shall be automatically forfeited.
General
a. TISB and/or Tropicana group of companies reserve the right to change these Terms & Conditions at its absolute discretion at any time during the Campaign Period without prior notice. In the event of any inconsistency between these Terms & Conditions with any form of publicity collaterals relating to the Campaign, these Terms and Conditions shall prevail.
b. TISB, Tropicana group of companies and its authorised agencies shall not be liable to any Eligible Participant for loss of life, any injury, damage, loss, cost or expense arising out of acceptance of any prizes or participation in the Campaign or any party claiming through the Eligible Participants, and each Eligible Participant agrees to indemnify and hold TISB and/or Tropicana group of companies harmless from and against any and all claims, damage, losses, costs or expenses suffered or incurred by TISB and/or Tropicana group of companies in relation to the Campaign.
c. The Eligible Participant shall indemnify TISB and Tropicana group of companies, agent and sponsors from and against all claims, damage, losses, costs and expenses suffered as a result of the Eligible Participant’s breach of the eligibility criteria and these Terms and Conditions and/or the rules and regulations of the Campaign.
d. TISB and Tropicana group of companies will not be held responsible for the loss or the damage of any redemption items, including but not limited to the Entry Card or the Grand Prize.
e. TISB and/or Tropicana group of companies reserves the right to request for Eligible Participants’ details and demand for proof of purchase for verification purpose.
f. TISB and/or Tropicana group of companies reserves the right to disqualify any Eligible Participant or Winner who is found at any time (whether before or after receipt of the Grand Prize) to be in breach of the eligibility criteria in Clause 2.2 above. The prize awarded shall be forfeited.
g. TISB and/or Tropicana group of companies reserves the right to cancel, terminate or suspend the Campaign during the Campaign Period with prior notice through TISB and/or Tropicana group of companies Facebook page. For avoidance of doubt, cancellation, termination or suspension of the Campaign shall not entitle any Eligible Participants to any claims or compensation against TISB and/or Tropicana group of companies for any losses or damages suffered or incurred by the Eligible Participants as a direct or indirect result of the act of cancellation, termination or suspension.
h. TISB and/or Tropicana group of companies reserves the right at its absolute discretion to substitute the Grand Prize for the Campaign at any time, with prior notice.
i. TISB and/or Tropicana group of companies’ decision on all matters relating to the Campaign shall be final, conclusive and binding. No correspondence shall be entertained.
4.0 PERSONAL DATA PROCESSING STATEMENT RELATING TO ELIGIBLE PARTICIPANTS (“Notice”) IN ACCORDANCE WITH PERSONAL DATA PROTECTION ACT, 2010 (“PDPA”) AND PUBLICITY
4.1 The PDPA governs the processing of the Eligible Participant’s personal data (“Personal Data”) by TISB and/or Tropicana group of companies. This Notice is issued to Eligible Participants to inform that this is the basis upon which the processing of the personal data is done by TISB and/or Tropicana group of companies.
4.2 Purpose: All information (including personal data) submitted by Eligible Participants in their participation of the Campaign shall belong to TISB and Tropicana group of companies and the Eligible Participants irrevocably and unconditionally consent and permit TISB and/or Tropicana group of companies to use, publish or feature the Eligible Participants’ and/or their pictures (which may include the Eligible Participant’s name, statements about the Campaign or any of its related matter) without further notice or compensation for publicity, advertising or any other related purposes in any manner whatsoever, including but not limited to in any of TISB and/or Tropicana group of companies’ publications, websites and/or any promotional materials connected to the Campaign. This includes disclosing the Eligible Participant’s name or photos to the general public when the Eligible Participant become a winner of the Grand Prize.
4.3 TISB and/or Tropicana group of companies may also use the Eligible Participants’ personal information for purposes of contacting and sending the marketing and promotional information or materials about the promotions, events or contests organized by TISB and/or Tropicana group of companies.
4.4 Transfer: The Eligible Participants’ personal data will be kept confidential by TISB and/or Tropicana group of companies but the Eligible Participants agree that for the purposes set out in Clause 4.2 above, TISB and/or Tropicana group of companies may transfer or disclose such personal data to the following parties within or outside of Malaysia:
a. Other partners or any participating partners which owe a duty of confidentiality to TISB and/or Tropicana group of companies;
b. TISB and/or Tropicana group of companies’ agents or contractors under a duty of confidentiality to TISB and/or Tropicana group of companies providing administrative, telecommunications, data processing or other services to TISB and/or Tropicana group of companies in relation to the Campaign (such as but not limited to professional advisers, customer call centre providers, gift redemption centres or data entry companies);
c. Any affiliates that owe a duty of care to TISB and/or Tropicana group of companies;
d. Any law enforcement agency and/or regulatory body for compliance with applicable laws, rules, regulations, codes and/or guidelines and/or any person or entity to whom TISB and/or Tropicana group of companies are under a binding obligation to make disclosure under the requirements of any law, rule, regulations, code and/or guideline and/or order of any competent court of law, law enforcement agencies and/or regulatory bodies.
4.5 Access: The Eligible Participants have the right to request access to and to request correction of the relevant personal data. Nothing herein contained shall limit the rights of any Eligible Participant under the PDPA.
5.0. REPRESENTATIONS AND WARRANTIES
The Eligible Participant represents and warrants with TISB and Tropicana group of companies that:-
a. the Eligible Participant has met all the eligibility criteria and has the right, authority and power to enter into the Campaign in accordance with these Terms and Conditions and shall provide such proof as TISB and/or Tropicana group of companies requires.
b. the Eligible Participant hereby unconditionally and irrevocably agrees that if so required by TISB and/or Tropicana group of companies, to make himself/herself available (without compensation) for the production, recording and publicity of the Campaign during such time, and production schedule as may be notified by TISB and/or Tropicana group of companies:- (i) Interview (which shall be recorded); and/or (ii)Taking of still photos, audio and/or visual recording for promotions and publicity use (“Recording”).
c. The Eligible Participants agree that all prizes to be awarded in the Campaign is contingent upon the accuracy of the information provided and disclosures made by the Eligible Participants or Winner and warranties, undertakings and obligations hereunder.
6.0. CONSENT
a. All Eligible Participants agree and consent that TISB and/or Tropicana group of companies shall have the right and absolute discretion to broadcast the Recording and/or use the slogan, names or nicknames on any of its programmes/marketing channels in whole or in part at TISB and/or Tropicana group of companies’ discretion. All copyrights subsisting in the Recording shall belong to TISB and/or Tropicana group of companies absolutely.
b. The Eligible Participants or Winner shall not without the prior written consent of TISB and/or Tropicana group of companies, publish or disclose any information in connection with the Campaign or prizes (Including without limitation, to any representatives of media in any form whatsoever).
c. The Eligible Participants or Winner shall not give any product endorsement, any interviews or be involved in any articles or reports in respect of the Campaign or the prizes with any third party without the prior written consent of TISB and/or Tropicana group of companies.
d. The Eligible Participants or Winner shall not by act or omission, directly or indirectly to bring TISB and/or Tropicana group of companies, its agents or the sponsors (if any) into disrepute nor make any oral or written complaints, public announcements or statements on the same, whether during or after the Campaign Period.
e. The Eligible Participants or Winner agree and allow TISB and/or Tropicana group of companies to use the photos and comments for editorials, advertising, promotional, marketing and communication purposes for an indefinite period on a complimentary basis.
f. The Eligible Participants and Winner agree to be featured in any TISB and/or Tropicana group of companies’ communication material for a period of (7) years on a complimentary basis.
7.0 GOVERNING LAW
These Terms and Conditions shall be construed, governed and interpreted in accordance with the laws of Malaysia.
8.0 The Eligible Participants, or the Winner confirm that they have read, understood and agreed to be bound by these Terms and Conditions (as varied or changed) and shall abide the same accordingly, including to cooperate and follow all instructions given to the Eligible Participants or the Winner.