Terms & Conditions

IMPORTANT:
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) BEFORE ENTERING THIS PROMOTION. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND INNITY SDN. BHD. (“PROMOTER”) ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH YOU (“PARTICIPANT”) ARE ENTITILED TO PARTICIPATE IN THIS PROMOTION.

1. Introduction

   Tune Protect x Passionation (“PROMOTION”) is organised by Innity Sdn. Bhd in partnership with Tune Protect Berhad (“TUNE PROTECT”). The mechanics of this Promotion are explained below. By participating and entering this Promotion, you (“PARTICIPANT”) confirm that you have read, understood, and agree to abide by these terms and conditions.

2. Eligibility

   2.1 This Promotion is open to all citizens and permanent residents of Malaysia (including and not limited to Innity Sdn. Bhd (“PROMOTER”) employees and its affiliates) currently residing in Malaysia and above the age of 18 years old (“PARTICIPANT”).

   2.2 Only “Eligible Participants” are eligible to participate in this promotion. Eligible Participants are participants who have registered their DuitNow ID that are linked via phone number to their currently valid current or savings account, thereby permitting a valid DuitNow Transaction.

3. Promotion Period

   3.1 The Promotion is available from 13th October 2023 (0000 hours) to 15th December 2023 (2359 hours) (“Promotion Period”). Any entries received outside the Promotion Period will automatically be disqualified.

   3.2 The Promoter reserves the right to amend the Promotion Period (“Amended Period”) at any time without any prior notice to any party.

4. Qualifying Criteria and Submission of Entries

   4.1 To qualify, the Participant must follow the instructions as per below:

   1. Download & Register Tune Protect App;
   2. Click on ""PUMP Health Rewards"" Banner and Complete Registration;
   3. Leave a Review in Google Play Store or Apple App Store;
   4. Capture and Upload Screenshot Images of your ""My Account Profile"" and ""App Review""; and
   5. Receive RM8 Reward* [Refer to 4.2]

   (Bonus Step) Refer a Friend and Gain Extra RM2 for Successful Referral* [Refer to 4.3]

   4.2 The Cash Reward will be credited into DuitNow via participant’s mobile number upon approved promotion entry. Entries submitted are subject to verification.

   4.3 Cash Rewards for eligible participants will be credited within 60 days.

   4.4 Only the first approved referral will be entitled to RM2 rewards. No additional payout for subsequent successful referral

   4.5 Participants shall adhere to the instructions provided on the promotion page, which include uploading two (2) screenshot images of ""My Account Profile"" and ""App Review"" for verification purposes, as well as providing the following details:

   1. Full name as per NRIC;
   2. Email address; and
   3. Mobile number

   4.6 The Promoter’s decision on all matters relating to the Promotion is final, conclusive and binding. No correspondence will be entertained.

   4.7 Each Entry shall be subject to verification by the Promoter and/or its representatives. In the event the details are invalid as determined by the Promoter’s sole discretion, the Entry will be disqualified."

5. Winner Announcement

   5.1 Each Participant is limited to a maximum RM10 payout only t hroughout the Promotion Period.

   5.2 All Cash Reward Winners will be notified via WhatsApp text, phone call and/or email.

   5.35.3 Rewards are available on an as-is-where-is basis and are not transferable, exchangeable, or converted to monetary value. The Promoter reserves the right not to award any Rewards or any alternative prizes of equal or greater value, for any reason whatsoever to any person who fails to meet any stipulated requirement in order to claim the Prize.

   5.4 The Promoter reserves full discretion and reserves the right to modify, alter, or amend the Promotion mechanism, rules, regulations, and prizes at any time without any prior notification.

6. Personal Data and Privacy Policy

   6.1 The collected personal information (including images) from the Participants may be used by the Promoter and/or their authorized agents and agencies for the administration of the Promotion. This includes conducting identity verification and eligibility checks to ensure the participant's qualification to participate and receive a prize.

   6.2 By participating in the Promotion, the participant explicitly provides written consent for the Promoter and/or their authorized agents and agencies to contact them using the provided personal details for the purpose of direct marketing. The Promoter and their authorized agencies highly value the confidentiality of all received personal information and are committed to not disclosing or sharing the participant's personal information with any unrelated third parties, except for their authorized agents and agencies, solely for the purpose of this Promotion or when legally required.

   6.3 The Promoter will handle all collected personal information, which includes personal data, in accordance with the Personal Data Protection Act 2010 (""PDPA"").

7. Disclaimer of Liability

   7.1 Any Entry that is illegible, mutilated, altered, duplicated, tampered with, not obtained legitimately, contains printing typographical, mechanical or other errors, or the printing is unclear or does not contain information or proof purchase required in the Participant Form is invalid.

   7.2 All submitted Entries (including the Proofs of Purchase) shall be deemed the exclusive property of the Promoter and shall not be subject to return.

   7.3 The Promoter is not and shall not be held responsible for any delay, error or any other problems in the operation of the Promotion caused by or arising from breakdown, technical malfunction of any telephone network or lines, computer or on-line-systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems and/or traffic congestion on the internet and/or at any website or the telecommunication service or a combination thereof, including injury or damage to any Participants or to any other person’s computer or mobile phone related to and/or resulting from participating or downloading materials in or in connection with the Promotion.

   7.4 If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, then the Promoter reserves the right, in its sole discretion, to modify the terms and conditions for this Promotion, suspend, terminate, or cancel the Promotion, as appropriate, without prior notice.

   7.5 In no event will the Promoter and/or their respective parents, affiliates, subsidiaries and related companies, their respective advertising or promotion agencies or their respective officers, directors, employees, members, shareholders, attorneys, respective and agents (collectively, “Affiliates”), be responsible or liable for any damages or losses of any kind, including but not limited to direct, indirect, incidental, consequential, special or punitive damages arising out of any the Participant’s acceptance of the Cash Reward (if selected as winner), or their entry into the Promotion.

   7.6 By participating in this Promotion, Participants hereby release and consent to absolve the Promoter and/or their respective parents, affiliates, subsidiaries, and related companies from any and all rights, demands, claims, causes of action, losses, damages, costs, and expenses, whether in whole or in part, and whether direct or indirect, that they may possess or that may subsequently arise.

   7.7 The Promoter and/or their respective parents, affiliates, subsidiaries, and related companies have made no warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose of any of the Cash Reward. Without limiting the generality of the foregoing or anything in these Terms and Conditions, the Promoter and/or their respective parents, affiliates, subsidiaries, and related companies are not liable for any defect in the Prizes. For the avoidance of doubt, no provision in these Terms and Conditions shall be construed as limiting the liability of any party for death or personal injury caused by such party’s negligence or any liability which cannot be excluded under the laws of Malaysia.

   7.8 Notwithstanding any of the foregoing, the Promoter reserves the right to amend, add, replace, vary and/or modify these Terms and Conditions without giving prior notice. By participating in this Promotion, the Participant confirms his and/or her acceptance of these Terms and Conditions, including any amendments, additions, replacements, variations, and modifications hereto, which shall be final and binding in all respects.

8. Other Terms and Conditions

   8.1 All promotional materials are incorporated within the framework of the Terms and Conditions. In circumstances where any inconsistencies arise between these Terms and Conditions and any advertising, promotional, or publicity materials pertaining to or linked with the Promotion, these Terms and Conditions shall assume primacy and exert authority over the issue at hand.

   8.2 Personal information (including images) collected or received from the Participants may be used by the Promoter and/or their respective parents, affiliates, subsidiaries, and related companies to administer the Promotion, including conducting background checks on the Participant’s identity and verifying their eligibility to participate and receive a Cash Reward. By participating in the Promotion, the Participant explicitly allows the Promoter and/or their respective parents, affiliates, subsidiaries, and related companies to contact the Participant via the particulars provided for such purpose. The Promoter values all personal information received and shall not disclose or furnish the Participant’s personal information to any unrelated third parties (except for their respective agents and agencies for the purposes of this Promotion or when legally required).

   8.3 This Promotion, along with its accompanying Terms and Conditions, shall be subject to the jurisdiction of Malaysian law. In the event of any dispute arising from or relating to this Promotion and/or the Terms and Conditions (including questions regarding their validity or existence), the involved parties mutually consent to initially endeavour to resolve such disputes through negotiation and/or mediation. These negotiations and/or mediation shall be conducted in good faith, with a commitment to adhere to any settlement reached.

   8.4 In the event that parties shall fail to settle such dispute by mediation within sixty (60) days from the date such dispute arose, the dispute shall be referred for final resolution by arbitration administered by the Asian International Arbitration Centre in accordance with the Arbitration Rules of the Asian International Arbitration Centre for the time being in force, which are hereby deemed to be incorporated by reference within this clause.

   8.5 The Promoter is Innity Sdn Bhd, with its primary establishment located at C501 & C502, Block C, Kelana Square, 17, Jalan SS7/26, 47301 Petaling Jaya, Selangor Darul Ehsan.

   8.6 The Government of Malaysia enacted the Personal Data Protection Act (PDPA) to oversee and regulate the handling of personal data in commercial transactions. This Notice is hereby issued to Participants to apprise them that this serves as the foundational framework governing the processing of Personal Data undertaken by the Promoter.

   8.7 All submitted information, including personal data, by Participants during their participation in the Promotion shall become the exclusive property of the Promoter. Participants hereby grant, irrevocably and unconditionally, their consent and authorization for the Promoter to employ, publicize, and/or showcase their information, as well as their images (which may encompass the participant's name, statements regarding the Promotion, or any associated content), without necessitating further notice or compensation. This usage extends to matters of publicity, advertising, or any other related purposes, encompassing various mediums, such as the Promoter's publications, websites, and promotional materials.

   8.8 The Promoter will uphold the confidentiality of Participants' personal data. However, Participants also acknowledge and consent that, for the purposes specified above, the Promoter may share or disclose this personal data to the following parties, whether within or outside of Malaysia:

   1. Other partners or any participating partners which owe a duty of confidentiality to the Promoter;
   2. The Promoter’s agents or contractors under a duty of confidentiality to the Promoter providing administrative, telecommunications, data processing or other services to the Promoter in relation to the Promotion (such as but not limited to professional advisers, customer call centre providers, gift redemption centres or data entry companies);
   3. Any affiliates that owe a duty of care to the Promoter; and
   4. 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 the Organizer are under a binding obligation to disclose 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.

   8.9 All Participants have the right to request access to and to request corrections to their respective personal data. It's important to note that these rights are not restricted by anything contained within the terms and conditions and are fully upheld in accordance with the provisions of the PDPA.