Merdeka Memories Project 2022
TERMS & CONDITIONS
Organizer & Qualifications
- Jaya Grocer’s Merdeka Memories Project 2022 [“Contest”] is organized by Jaya Grocer [“the Organizer”].
- This Contest is open to all residents of Peninsular Malaysia [“the Participant”]. Participants who are 18 years of age and above and have a valid identification document (example: identity card or passport) are eligible to participate in this Contest.
- The Participant is required to like and follow Jaya Grocer’s Instagram/Facebook account (@jayagrocer), tell us a childhood story or fond memory about one local product (in less than 70 words) in the comments section of the contest post, and let us know their name and region so that we can credit their story to them. The Participant may also choose to attach a photo related to their story/memory with their Facebook comment (optional). For Instagram submissions, the Participant can let us know that they have a photo associated with their comment and private message/DM the photo to us (optional). The Participant shall comply with the eligibility requirement above in order to be an “Eligible Participant”.
- Shareholders, directors, officers, employees of the Organizer and Prize Sponsor including their associated/affiliated companies and their immediate family members (spouse, children, parents, siblings) and/or representatives, employees and/or servants of any agencies of the Organizer and Prize Sponsor and immediate families are not eligible to participate.
Contest Period & Entry Criteria
- Jaya Grocer’s Merdeka Memories Project 2022 [“Contest”] will begin from 0:00:00am on 3rd August 2022 to 23:59:59pm on 14th August 2022 (Malaysia Time) [“Contest Period”]. All entries received after the Contest Period will not be entertained. The Organizer reserves the right, at its absolute discretion, to vary, postpone, reschedule and/or extend the Contest Period and/or cancel/terminate the contest at any time without prior notice.
- The Participant shall fulfill the tasks stated on the Contest post in order for their participation to be considered a qualifying entry [“Contest Mechanism”].
How to Participate
- Each valid and complete entry must consist of the following completed tasks (which must remain completed during and after the contest for verification purposes):
- Like and Follow Jaya Grocer’s Facebook/Instagram account (@jayagrocer).
- Tell us a childhood story or fond memory about one local product (in less than 70 words) in the comments section of the contest post.
- Include your name and region so that we can credit your story to you (e.g. Layla Wong, George Town). Abbreviations such as “Layla W.” will also be accepted. Internet pseudonyms, fictional names, fake names, and nonsensical names will not be accepted.
- For Facebook submissions, you may attach a photo related to your story/memory. For Instagram submissions, let us know you have a photo attached and private message/DM the photo to us. Photo submissions are entirely optional.
- Participants are required to complete all of the aforementioned tasks in order to be eligible.
- By submitting a story/memory (and optional photo) for the purpose of joining this Contest, the Participants are:
- confirming and warranting that the story/photo belongs solely to the Participant posting the story/memory and nobody else;
- confirming and warranting that the story/photo has not been plagiarised, adapted, or stolen from any other source;
- granting Jaya Grocer the exclusive right to print and publish the story/memory/photo in all of our outlets and/or on any platform owned by us, electronic or otherwise, for as long as required;
- aware that Jaya Grocer reserves the right to copy-edit and/or translate the submitted materials without notice;
- aware that Jaya Grocer reserves the right include, omit, digitally enhance, crop, and/or edit the submitted/attached photos without notice;
- acknowledging and accepting that Jaya Grocer will not be liable or responsible for any legal issues or claims pertaining to matters related to plagiarism or intellectual property violations;
- acknowledging and accepting that Jaya Grocer will not be liable or responsible for any loss or damage (howsoever arising) directly or indirectly related to any of the submitted entries while it is in the Organizer’s custody or in the course of production or in transit or otherwise;
- acknowledging and accepting that no royalty or payment claim may be made on the submitted story/memory/photo, regardless of whether it is chosen as a winning entry or not, and regardless of whether the story/memory/photo is published verbatim or has been edited by the Organizer;
- acknowledging and accepting that the Organizer shall publish the winning entries in such a form as it considers appropriate and shall have the final decision over all matters relating to the publication, print, and display of the winning entries, including the design, medium of publication, illustration, title, production, promotion, and advertising of the winning entries, the number and distribution of materials containing the winning entries, the number of copies printed, distribution, and display location(s);
- acknowledging and accepting that the Organizer shall be under no obligation to publish, print, or advertise the winning entries, and may choose to withdraw, alter, or remove the winning entries from any and all display locations for any reason without prior notice;
- assigning the Organizer with full title guarantee for the legal term of copyright including any renewals or extensions, the copyright in the submitted entries, present and future (which for the avoidance of doubt includes without limitation the right to reproduce and display the winning entries by way of all forms of print or electronic publication whether now known or hereinafter invented and the right to translate), all rights in the nature of copyright, and all other intellectual property rights in the submitted entries;
- acknowledging and accepting that for submitted entries containing copyrighted material(s), the Participant(s) shall be solely liable and responsible for obtaining written permissions from the respective copyright owners and bearing all costs related to the acquisition of such permissions before submitting their entry to this Contest;
- agreeing that the story/memory/photo submitted to this Contest has not been and will not be submitted to any other grocery retailer in Peninsular Malaysia for the purpose of contest submission(s), point of purchase (POP) promotional materials, point of sale materials (POSM), in-store publication(s), print publication(s), and/or publication(s) on any electronic platform(s);
- confirming and warranting that each submitted entry is in no way whatsoever a violation or infringement of any existing copyright or licence or duty of confidence or duty to respect privacy or any other right of any person or party whatsoever;
- confirming and warranting that each submitted entry contains nothing libellous, defamatory, obscene, religiously controversial, or in any other way unlawful or misleading;
- confirming and warranting that all statements in each submitted entry purporting to be facts are true and any recipe, formula, diagram, table, recommended treatment, dosage, or instruction contained therein whether textual or illustrative and whether intended to be informative or instructional is based on the best information currently available;
- agreeing and consenting to indemnify the Organizer against any loss, injury, or expense arising out of any claim by third parties that any of the above warranties have been breached;
- agreeing that all warranties and indemnities contained in these terms and conditions shall survive the termination/conclusion/end date of this Contest.
- The participants who are shortlisted as Contest Winners [“Winner”] must verify their identity with a valid Malaysian identification document (e.g. MyKad, passport, etc.), and acknowledge and accept these terms and conditions before prize redemption. Failure to do so will result in the cancellation of the prize won by the said Participant.
- At the end of the Contest Period, Eligible Participants will be chosen based on the quality of their entries [“Selected Participants”]. All valid and complete entries will be evaluated by the Organizer and the Winners will be chosen based on the subjective suitability and quality of their submission(s).
- The Organizer will then contact the Selected Participants via private message on Instagram/Facebook and request the following information: email address and phone number. The Organizer will then proceed to contact the Selected Participants via email and/or WhatsApp/phone to confirm the following information: Full Name, IC/Passport Number, Prize Pick-Up Location (which must be a Jaya Grocer outlet), and any other information required for the Selected Participant(s) to receive the prize(s). The Organizer’s email address is customer@jayagrocer.com and the Organizer will not contact the Selected Participants/Winners via any other email address.
- Participants must be contactable via Facebook/Instagram and email/WhatsApp (within and after the Contest Period for the purpose of winner selection).
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In the event that the Selected Participants cannot be contacted after THREE attempts (during working hours from Monday – Friday), the Organizer reserves the right to disqualify the Selected Participants and a new list of Selected Participants will be selected as their replacement, who will then be elected to undergo the same process at the absolute discretion of the Organizer.
Qualifying Criteria
- Each Participant may submit more than ONE (1) entry. Every ONE (1) comment which consists of the Participant’s childhood story or fond memory about one local product (in less than 70 words) and the name/region of the Participant in order to credit their story to them is eligible as ONE (1) entry. The Participant’s entry will be disqualified if any of the tasks stated in the contest post remain incomplete. Multiple entries are permitted but each participant shall only win one of the prizes throughout the Contest Period.
- The Participant needs to complete the following tasks to be eligible:
- Like and Follow Jaya Grocer’s Facebook/Instagram account (@jayagrocer).
- Tell us a childhood story or fond memory about one local product (in less than 70 words) in the comments section of the contest post.
- Include your name and region so that we can credit your story to you (e.g. Layla Wong, George Town). Abbreviations such as “Layla W.” will also be accepted. Internet pseudonyms, fictional names, fake names, and nonsensical names will not be accepted.
- For Facebook submissions, you may attach a photo related to your story/memory. For Instagram submissions, let us know you have a photo attached and private message/DM the photo to us. Photo submissions are entirely optional.
- Incomplete, inaccurate, plagiarised, libellous, defamatory, and/or incorrect responses and tasks will be disqualified.
- Late and invalid entries will not be eligible. No appeals will be entertained.
- Inaccessible, private, and/or unverifiable Facebook/Instagram profiles are not valid for participation in this Contest at the Organizer’s absolute discretion.
Contest Prizes & Redemption
Contest Prizes are as follows (per Winner):
- Unless otherwise specified in the terms and conditions herein, no substitution or replacement of, or modification to the prizes requested by the Participant will be permitted.
- If the Winner(s) chooses to withdraw their entry for any reason, they must do so in writing to our customer service team at customer@jayagrocer.com within 30 days of the winner selection and provide a valid reason for the withdrawal, in addition to returning the prizes listed above in good condition. If any of the prizes have been used, damaged, or claimed, the Winner(s)’s right to withdraw shall be forfeited.
- Prizes are not exchangeable and/or transferable or redeemable for cash. Any portion of the prize that is unused is forfeited. Expired vouchers will not be renewed or replaced under any circumstances, as it is the prerogative of the Winner(s) to use their prize(s) within the designated time limit of the voucher(s).
- Every Jaya Grocer on GrabMart e-voucher code is unique. Once the voucher code has been given to the Winner, the Winner is the sole person responsible for keeping the code safe. Once a voucher code has been used, it cannot be used again. If the Winner shares the voucher code with friends/family/others in person or online, the Organizer cannot be held responsible or liable for usage of the code. Used voucher codes will not be replaced. Any claims of wrongful usage will be thoroughly investigated by the Organizer.
- The Organizer reserves the right to substitute or replace the prizes offered in this Contest with another item of similar value without prior notice.
- Prizes are subjected to the terms and conditions set by the supplier. To the extent permitted by law, the Organizer and its agents are not responsible for all liabilities arising from any deferment, cancellation, delay or changes to the prizes’ details or any unforeseen circumstances beyond the reasonable control of the Organizer and for any act or default by any vendor or third-party supplier. For the avoidance of doubt, the Organizer is the sole party responsible for the prizes, organizing and implementation of the Contest. Any queries relating to the Contest should be made directly to the Organizer.
- The Organizer shall not be liable for any losses or damages which occur during the prize redemption process. Any other additional costs (for example: travel expenses) involved to redeem or to collect the Prize(s) shall be fully borne by the Winner.
- The Winner shall bear all charges and any additional payments not limited to the cost of transportation, registration fees, road tax, insurance and any other chargeable taxes/fees.
- The Organizer reserves the right to postpone the date and place for prize redemption that has been determined to a later date in the event of any unforeseen circumstances.
- The images of the prizes displayed in any advertisement, publicity and other materials relating to this Contest are purely for illustration purposes and may not reflect the actual prizes.
- The Organizer shall not be liable for any transportation costs in connection with the redemption and/or delivery of the prizes. Any additional costs, duties, taxes and/or incidental expenses or charges imposed in respect of the collection of the prizes are solely borne by the Winner.
- The prize fulfilment will be subjected to the availability of these prizes. The Organizer will notify the winner from time to time.
- Prizes not claimed within the specified time limit, or 30 days (if no deadline has been specified), may be withdrawn at the Organizer’s discretion.
- Prizes are not exchangeable for cash. The Organizer shall be entitled to replace the prize with other prizes of the same value without prior notification at its sole and absolute discretion. The Organizer, its agencies, affiliates, sponsors and their representatives shall not be liable for any defects or misuse of the prizes, claims, liabilities, losses or damages in connection with this Contest.
- The Participant is required to provide a valid identification document during or prior to prize redemption for the Participant/Winner verification process. Verification documents which are not readable, faded, or damaged will be deemed invalid and the Participant will be disqualified.
- All prizes have to be claimed in-person with valid identification at the Winner’s nearest Jaya Grocer outlet or a Jaya Grocer outlet of their choice. Valid identification refers to any form of government-approved identification documents such as MyKad, Identity Card, or Passport.
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The prize(s) has to be collected in-person at the selected Jaya Grocer outlet (and cannot be shipped or delivered).
Selection Of Winners
- Winners will be selected within thirty (30) working days from the end of the Contest Period. In the event of a national or regional lockdown due to the COVID-19 pandemic, winners will be selected within ninety (90) working days from the end of the Contest Period.
- Winners will be chosen based on the quality of their entries from a pool of total eligible entries which will be carried out at a selected date and time after the end of the Contest Period by the Organizer. Selected Winners will be notified via private message on Instagram/Facebook or via email/WhatsApp. The Organizer reserves its right, at its absolute discretion, to change, revise, delay, and/or postpone the draw and notification date without any prior notice.
- If for any reason (e.g. no reply, banned/deactivated account, no network connection, etc.) the shortlisted winners cannot be reached after three (3) attempts, the prize will be forfeited. The Organizer shall not be held liable in the event the Winner cannot be contacted for whatever reason(s), or fails to claim the prize within the specified time limit or 30 days (if no deadline has been specified). The Organizer shall have absolute discretion and reserves the right to select an alternate winner or winners who will be subject to the same rules.
- Each Participant shall only win ONE (1) Contest prize throughout the Contest Period, irrespective of the number of entries collected by the Organizer.
- The Winner(s) will be notified via private message on Instagram/Facebook or email/WhatsApp. Any and all email communications from the Organizer will be sent from customer@jayagrocer.com and no other email address.
- The Organizer shall notify the winner(s) no later than ninety (90) working days from the end of the Contest Period and the Organizer shall announce and publish the names of the winner(s) on their Facebook Page/Instagram Story.
- All decisions made by the Organizer in relation to the Contest including but not limited to the shortlisting, selection of winners, and forfeiture of the prizes is final and conclusive. No further correspondence, queries or appeals shall be entertained.
- If any Winner forfeits their prize in writing (whether via social media, email, or any other medium) or via a verbal conversation with our customer service team (which will be confirmed via email), an alternate Winner will be selected instead.
Rights of the Organizer
- By participating in this Contest, the Participant gives their consent to the Organizer to publish and use their names and images submitted by the Participant/Winner for advertising, marketing, publicity and/or any other purpose, without any prior notice or compensation to the Participant/Winner. The Winner shall not be entitled to claim ownership or other forms of compensation on the materials.
- If for any reason this Contest is unable to proceed as planned, for (and not limited to) reasons such as a computer virus, hacking, unauthorized intervention, fraud, technical failure, or any other reason beyond control; the Organizer reserves the right, at its sole discretion, to disqualify any individual who disrupts the Contest participation process and/or revokes, terminates, modifies, or suspends this Contest.
- The Organizer at its sole discretion may remove and/or disqualify any Participant and/or entries if found or suspected of cheating/hacking/tampering with the Contest submission process and/or the operation of this Contest, or being in violation of any Terms and Conditions of the Contest.
- The Organizer reserves the right to amend the Contest’s Terms and Conditions at any time at its sole and absolute discretion without prior notice.
- In the event of any inconsistency between these Terms and Conditions and any terms contained in any promotional materials for this Contest, the latest version of the terms sent to the Winners via email or posted on https://klec.jayagrocer.com/pages/merdeka-memories-project-2022 by the Organizer shall prevail. This latest version is dated 3rd August 2022.
- By participating in the Contest, Participants have given their consent to the Organizer or any third party appointed by the Organizer to process the Participant's Personal Data for the purposes of this Contest.
- Unless stated otherwise, all transportation costs, Internet charges, personal costs and/or any other costs, fees and/or any kind of expenses incurred by the Participant in connection with this Contest (whether for the purpose of joining, participating in, or receiving any benefits or prizes from the Contest) are at the sole responsibility of the Participant/Winner, and the Organizer, its affiliates and/or authorized agents shall accept no responsibility whatsoever for those costs/charges/fees/expenses.
- The Organizer, its affiliates and/or authorized third parties shall accept no liability for entries lost, damaged, delayed, or due to computer, IT or any technical error.
Liability and Responsibility
- The Participant and Winner shall assume full liability and responsibility, and in any case, will be fully liable and responsible for any liability, unexpected event(s), injury, damage, claim or accident (including death) caused by their participation in this Contest and/or redemption and/or use of the Contest Prizes and agree to release the Organizer and its agencies from any claim whatsoever for any injury, accident, loss of life or loss of economy, and others.
- To the fullest extent permitted by the law, in no event will the Organizer or any of its officers, employees, representatives and/or agents (including any third party agencies that deal with the Organizer for the purpose of this Contest) be liable for any loss or damage (including the loss of income, profits or goodwill, or indirect damages, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise in connection with this Contest, although the Organizer has been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
- By participating in this Contest, the Participant agrees to comply with all the decisions made by the Organizer and agrees unconditionally to the terms and conditions of this Contest and all decisions made by the Organizer.
Privacy Notice
- By participating in the Contest, Participants have given their consent to and authorize the Organizer to collect, store, use, and process their names and other particulars (“Personal Data”) for the purpose of running the Contest, including but not limited to announcing and publishing Personal Data and/or photos of the Participant on the Organizer’s website and social media platforms for advertising and publicity purposes.
- By participating in the Contest, the Participant also gives their consent and authorizes the Organizer to use and share the Participant’s personal data using a third party service. All such third parties are contractually obliged not to use the Participant's personal data in any other way than stated herein.
- Under the laws of Malaysia, the rights of the Participant includes the following:
- The right to withdraw consent for the use of personal data at any time by contacting the Organizer at the contact details mentioned below by providing the Organizer with the Participant’s name and email address for the removal of said personal data;
- The right to obtain a copy of the personal data which the Organizer holds; and
- The right to correct inaccurate personal data.
- Participants may refer to the Organizer's website at https://www.jayagrocer.com or call the Organizer's helpline at 1-300-88-5427 for any info pertaining to data protection or legal rights.
- The Organizer will take reasonable precautions to keep the Participant's personal data secure, and requires third-party processors to do the same. However, the Organizer may disclose the Participant's personal data if required by law, search warrant, subpoena or court order.
- Any matter to the Personal Data relating to this Contest shall be governed by and dealt with in the Personal Data Protection Act 2010 and any relevant laws in Malaysia.
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