Terms & Conditions

1. Organiser:

Nestlé Products Sdn. Bhd. [197901000966] [“the Organiser”].

2. Programme:

OPTIFAST “A HEALTHIER YOU” PROGRAMME [“Programme”].

3.Programme Period:

The Programme starts at 00:00:00 on 01/02/2022 and closes at 23:59:59 on 31/07/2022.

4.Eligibility:

The Programme is open to all individual legal residents of Peninsular Malaysia aged between 18 to 65 years old as at the start of the Programme Period, and with a valid identification document and residential address in Peninsular Malaysia. The Organiser shall reserve the right to request for evidence of identification documents. A Guardian pharmacist will ascertain participants’ suitability prior to programme enrollment. Please refer to Section 5 How to Participate below for further details.

5.How To Participate:

1. To participate in the Free Gift Redemption,

    

   For example:

   • Consult your nearby Guardian pharmacist to choose your plan.

   • Purchase OPTIFAST VLCD Milk Shake (Chocolate/Coffee) at participating Guardian stores
     (https://www.guardian.com.my/guardian-pharmacists ), you may;

     • Purchase one [1] box of OPTIFAST VLCD Milk Shake 12x53g (Chocolate or Coffee) [“Products”] in a single original receipt from any participating Guardian outlets during the Programme Period, and/or;

     • Purchase five [5] boxes of OPTIFAST VLCD Milk Shake 12x53g (Chocolate or Coffee only or combination thereof) [“Products”] in EITHER a single original receipt OR an accumulation of maximum five [5] receipts from any participating Guardian outlets during the Programme Period.

   
   
   • During the Programme Period, you may purchase one [1] box of OPTIFAST VLCD Milk Shake 12x53g (Chocolate/Coffee) in a single receipt and submit the one [1] receipt to redeem for one Free Gift [ “Premiums”].

      

      

     During the Programme Period, you may purchase three [3] boxes of OPTIFAST VLCD Milk Shake 12x53g (Chocolate) in a single receipt and two [2] boxes of OPTIFAST VLCD Milk Shake 12x53g (Coffee) in a single receipt and submit the two (2) receipts to redeem for one Free Gift [ “Premiums”].

   • Scan the QR code shown on the Programme materials or leaflet to access the link or visit the Redemption page website at:
     http://www.optifast.my/GuardianProgram/redeem

   • Complete the details required [“Personal Details”] in the link form [“Form”] provided.

   • Picture/image [“Image”] of your Enrollment Card with receipt(s) as proof of purchase must be clear and legible and complete with first & last name, mobile number, Choice of Plan, store location, verification name and Receipt Details.

   • Upload one [1] or maximum up to five [5] Images on the link and submit [“Entries”].

2. The original receipt can come in the form of printed receipts or hand-written receipts from Point of Sale systems for purchases at participating Guardian outlets [“Receipt”].

3. The Receipt must bear the Products purchase, date of purchase, purchase amount, receipt number and name and/or logo of the outlet at which the purchase was made [“Receipt Details”]. If this is absent, the Receipt needs to be stamped with the official company stamp of the outlet at which the purchase is made.

4. The Organiser will extract and process all Entries received. Unclear, illegible and incomplete Image will be disqualified.

5. The Organiser shall reserve the right to disqualify any Entries with reprinted Receipt, duplicated Receipt and/or Images containing more than one [1] Receipt. All redemption Entries that do not meet the requirements stated herein shall be disqualified by the Organiser.

6. The Organiser shall reserve the right to request for evidence including of the original Receipt [hardcopy] and proof of eligibility for verification and Premium redemption. Failure to produce the original Receipt upon request will result in disqualification and Premium forfeiture.

6.Premium:

• Free gift redemption is limited to the first 1,000 sign-ups for the programme. Each user is entitled one redemption of free gift [ “Premiums”] per Plan throughout the Programme Period. In the event the Premiums are completely redeemed, the Organiser will update the Premium stock status in the Programme Website at
  http://www.optifast.my/GuardianProgram/redeem

• 1 week Trial Plan
  With purchase of one [1] boxes of OPTIFAST VLCD Milk Shake 12x53g (Chocolate or Coffee), the Premiums include 1x Jute Bag, 1x Shaker & OPTIFAST Cereal Bar 65g x 2 sticks.

  5 weeks Active Plan
  With purchase of five [5] boxes of OPTIFAST VLCD Milk Shake 12x53g (Chocolate or Coffee only or combination thereof), the Premiums include 1x Jute Bag, 1x Shaker, & OPTIFAST Cereal Bar 390g x 2 boxes.

• The Premiums are non-exchangeable, non-refundable and non-replaceable. The Premiums may be changed without prior notice due to availability.

7. Entry Deadline:

All Entries must be received by the Organiser on or before 23:59:59 on 31/07/2021. All Entries received outside the Programme Period will be automatically disqualified.

8.Premiums Delivery:

• Premium[s] will be delivered to the local delivery address provided by the Participants within 2 - 4 weeks upon verification by the Organiser.

• b. The Organiser reserves the right to at its absolute discretion to extend the timeline as the Organiser deems necessary. The Organiser shall exercise care in delivering the Premium[s] but the Organiser will not be held liable in the event of non-receipt, delayed or damaged delivery of the Premium[s] to the Participant[s]. All unclaimed Premium[s] will be forfeited.

• In the event there is a manufacturing defect, the Participant must return the said Premium[s]to the Organiser at his own cost, undamaged and in its original packaging for a replacement within two [2] weeks of receipt of the Premium[s], failing which the Premium will not be replaced.

• All Participants must abide by the terms and conditions of the party[ies] arranging and/or providing for the Premium[s] and the terms and conditions attached to the Premium[s], if any.

The Organiser shall reserve the right at its absolute discretion to substitute any of the Premium[s] stated with another Premium of similar value, at any time without prior notice.

B

Conditions of Entry

1

Introduction

1.1

These conditions of entry must be read together with the Schedule to Conditions of Entry, collectively “Terms and Conditions”, and shall be binding on all Participants (and the parent/legal guardian of the Participant, in the case of a minor Participant) who participate in this Programme (hereinafter referred to as “Participants”, “Participant”, “You”, “you”, “your”). To the extent that there is any inconsistency between these conditions of entry and the Schedule to Conditions of Entry, the Schedule to Conditions of Entry prevails. Each capitalized term not otherwise defined herein shall have the meaning ascribed to such term in the Schedule to Conditions of Entry. Defined terms will be used singular or plural as the case may be.

1.2

The Organiser reserves the right in its sole discretion, without prior notice, and without any liability to any person, at any time to change the Terms and Conditions including to change the Programme Period, make Gifts substitutions, cancel, terminate or suspend the Programme in whole or in part. In the event of any changes to the Terms and Conditions, Participants agree that their continued participation in the Programme will constitute their acceptance of the Terms and Conditions (as changed).

1.3

The Organiser’s decision on all matters relating to the Programme including judging and selection of winners will be final, binding and conclusive on all Participants, and no correspondence or appeals will be entertained.

2.

Programme Entries

2.1

By submitting an entry to the Programme, Participants are deemed to have understood and agreed to be bound by the Terms and Conditions.

2.2

All costs and expenses incurred and/or arising from the participation in the Programme, including without limitation, telecommunications, network, Short Messaging Services, postal and all such other charges and out-of-pocket expenses as may be incurred by a Participant during or in connection with the Programme shall be borne by the Participant.

2.3

Proof of submission of an entry is not proof of receipt, and the Organiser shall not be liable for any delay, lost, damaged and/or non-receipt of submissions. The Organiser is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, user or member communications, or any problems or technical malfunction of our telecommunications network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet.

3.

Eligibility A

3.1

Where the eligibility age prescribed in the Schedule to Conditions of Entry is below the age of eighteen (18), Participants are required to obtain the written consent (in such form as may be prescribed by the Organiser), from their parents/legal guardians before participating in the Programme and submitting any personal information.

3.2

The Organiser may require a Participant to provide proof of eligibility to participate in the Programme including without limitation, identification documents, and the written consent of parents/legal guardians in the case of Participants below the age of eighteen (18) years.

4.

Eligibility B

The following groups of persons shall be eligible to participate in the Programme:

5.

The following entries will be disqualified:

5.2

In addition, the Organiser reserves the right to disqualify any Participant that:

5.3

In the event of a disqualification after a Gift has been awarded, the Organiser reserves the right to demand for the return of the Gift or payment of its value from the disqualified Participant.

6.

Gifts

6.1

The Organiser, its agents, sponsors and representatives shall have no liability to any Participant who defaults in collecting the Gifts in accordance with the Gift Claim/Delivery Date in any respect whatsoever. The Organiser reserves the right to determine how uncollected Gifts will be dealt with.

6.2

Gifts are strictly not transferable, assignable, exchangeable or redeemable by the Participant in any other form or manner other than that specified by the Organiser.

6.3

Any additional costs not specifically stated in the Schedule to Conditions of Entry in relation to a Gift shall be the responsibility of the Winner.

6.4

All Gifts must be taken according to the terms and conditions of the Organiser, its agents, sponsor or third party providing the Gift.

6.5

Gift(s) are given out on an “as it is” basis. The Gift shall be used/taken entirely at the risk of the Participants and the Organiser excludes all warranties and liabilities in connection with the Gift to the fullest extent permitted by law.

6.6

Gifts must be claimed in person unless the Organiser prescribes other modes of collection.

6.7

Where a Participant is under the age of 18 years of age and is declared a Gift winner, the Participant must be accompanied by their parent/legal guardian throughout the Gift fulfilment.

7.

Publicity

The Organiser may use a Participant’s entry including without limitation, photos, drawings, text, and any other content or information submitted for purposes of the Programme (collectively the “Materials”), and the Participant’s name, and/or likeness, for advertising, publicity and programme of any goods or services of the Organiser, for an unlimited time throughout the world without compensation, and in any media. The Participant shall do all things necessary to give effect to this if requested by the Organiser.

8.

Intellectual Property Rights

The Participant agrees that all intellectual property rights in any contents and/or materials submitted, made or created by the Participant in connection with the Programme and any derivative works arising therefrom will perpetually and unconditionally be vested in, assigned to and owned by the Organiser. The Organiser has the right to use and modify such materials or works in any way it deems fit without compensation to the Participant and the Participant waives all rights he or she may have in such materials or works.

9.

Indemnity

Each Participant agrees to indemnify, release and hold harmless each of the Organiser, its holding, subsidiary or related companies as defined in the Companies Act 2016 (“Nestlé Malaysia Group”), directors, officers, employees, agents, sponsors and/or representatives against any and all losses, rights, claims, actions and damages (including special, indirect and consequential damages) arising from or incurred as a result of the Participant’s participation in the Programme, acceptance of any Gift, and/or the use of the Participant’s entry and/or likeness in connection with the Programme or violation of the Terms and Conditions,

10.

Limitation of Liability

10.1

The Participant’s participation in the Programme shall be at the Participant’s own risk.

10.2

The Organiser, Nestlé Malaysia Group, its, directors, officers, employees, agents, sponsors and/or representatives shall not be liable to any Participant in respect of any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained by the Participant arising out of or in connection with the participation by the Participant in the Programme, as well as the redemption and/or utilisation of any Gift won.

11.

General

11.1

The Organiser, its agents, sponsors and/or representatives shall not be liable to perform any of their obligations in respect of the Programme and the Terms and Conditions where they are unable to do so as a result of circumstances beyond their control and shall not be liable to compensate the Participants in any manner whatsoever in such circumstances.

11.2

Any names, trademarks or logos used and or reproduced in any materials (including marketing and programmeal materials) in connection with this Programme, in particular that relates to the Gift, are the properties of their respective owners. This Programme and the Organiser are not affiliated with, or endorsed or sponsored by, the relevant owners, unless otherwise communicated, and such owners are not part of the Organiser’s group of companies

11.3

The Participants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein. The Organiser shall be entitled to assign or sub-license the whole or any part of its rights hereunder to any third party as may be determined by the Organiser.

11.4

The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms and Conditions of the Programme.

11.5

Where the Terms and Conditions of the Programme is prepared in English and any other language(s) in the event of any inconsistency between the English language and the other language(s), the English language version shall prevail and govern in all respects.

11.6

The Terms and Conditions of the Programme shall be construed, governed and interpreted in accordance the laws of Malaysia.

12.

Privacy Notice

12.1

By participating in the Programme, the Participant agrees to the processing of the Participant’s Personal Data by the Organizer in accordance with the Privacy Notice in
https://www.nestle.com.my/info/privacy_notice

12.2

Dengan menyertai Promosi, Peserta bersetuju dengan pemprosesan Data Peribadi Peserta oleh Penganjur berdasarkan Notis Privasi di https://www.nestle.com.my/info/privacy_notice