Terms and Conditions ( Instagram Contest )
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#sgdriveon Contest Terms and Conditions
Official contest rules
1. These terms and conditions (“Terms and Conditions”) shall apply to the 2018 “SG DRIVE ON Contest” (“Contest”) organised by Shell Eastern Petroleum (Pte) Ltd (“Shell”).
2. The Submitted photo will have to be posted by the participant on his/her Instagram or Facebook page. It will commence on 11 January 2018 at 1300 hours (Singapore time) and end on 14 January 2018 at 2000 hours (Singapore time). Entries will only be accepted during this period.
3. Entries submitted after 14 January 2018 at 2000 hours (Singapore time) will not be accepted.
Entries and Participation
4. These are the steps to participate:
a. Participants are required to share their photos taken at the Singapore Motorshow 2018 on Instagram and/or Facebook.
b. Participants are also required to use the hashtag #sgdriveon. Only entries submitted with the hashtag #sgdriveon will be eligible. Shell has the right to disqualify and/or remove any entries that does not meet the eligibility criteria. Shell reserves the right to disqualify any incomplete submission.
c. One winner will be announced by 11 February 2018, 1400 hours (Singapore time). Shell will contact the winner by replying to his/her entry on Instagram or Facebook for his/her prize.
d. Participants are allowed to submit multiple entries, but each participant is only entitled to one chance to win the prize for the Contest. There is a total of one prize to be won for this Contest:
i) An iPhone X worth SGD1625.00
5. Singapore citizens and permanent residents, aged 18 and above and residing in Singapore are eligible to participate in the Contest and be eligible to win. Applicable phone, internet and other charges may apply, and the participants shall be responsible for such costs and expenses.
6. By taking part in the Contest, all participants agree to be bound by these Terms and Conditions, and the prevailing Facebook and Instagram terms and conditions of use, all of which may be amended from time to time.
7. The following categories of people are not eligible to participate in the Contest:
e. All permanent and/or contract employees (“Employees”) of the Shell Group of Companies and their immediate family members (i.e. spouses, children, parents, brothers and sisters) (“Immediate Family Members”).
f. All agencies and/or service providers engaged by Shell (including but not limited to advertising agencies, promotions agencies, printing companies, event management agencies and any persons assisting or who are involved in the Contest) and their Employees and Immediate Family Members.
g. All dealers and/or distributors of the products of the Shell Group of Companies and their Employees and Immediate Family Members.
Contest Mechanics and Criterion
8. The winner will be selected based on the creativity of the photo and the accompanying caption that describes the photo and the sole discretion of Shell.
9. The winner will be directly contacted by a Shell staff either on the winner’s Instagram or Facebook page by 11 February 2018, 1400 hours.
10. All participants agree that Shell’s decisions on the winner and the prize are final and binding on them.
Prize and Winner List
11. Shell will contact the winner on his/her Facebook and/or Instagram page. Winner is also required to reply to Shell on the contacted platform for prize collection details. In the event that the selected winner is not eligible, cannot be traced or does/do not respond within ten working (10) days to a winner notification, or refuses the prize, the prize will be forfeited and Shell, in its sole discretion, may choose whether to award the prize to another participant.
12. The winner will be required to submit personally his/her NRIC as proof of identity to be eligible to collect the prize. The award of the prize shall be subject to verification of the identity of the winner to the full satisfaction of Shell.
13. The prize cannot be exchanged for cash. Substitution of gifts by the winner will not be entertained. Shell reserves the right to end the Contest or amend the rules of the Contest at any time without notice. The prize will be awarded on an “as is” basis, and all warranties, express or implied, are disclaimed. Shell does not guarantee nor bear liability regarding the quality, performance, technical specifications, conditions or safety of the prize.
14. If the Prize remain unclaimed by any winner after the above stipulated date, it shall be conclusively forfeited, and such forfeited prize(s) shall be dealt with at Shell’s discretion.
15. No prize transfer, assignment, or substitution by winners is permitted. If a prize (or part of a prize) is unavailable for any reason whatsoever, Shell, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize with similar monetary value and/or specifications. ANY NOTICE OF PRIZE RESULTING IN THE SENDING PARTY RECEIVING A MESSAGE THAT THE NOTICE IS UNDELIVERABLE, OR THAT THE NOTICE IS UNDELIVERED OR UNCLAIMED, WHETHER BY REGULAR MAIL OR BY EMAIL OR BY PRIVATE MESSAGES, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE WINNER.
16. Each participant making an entry into the Contest represents and warrants that all materials, documents, information and forms submitted or created by him or her in connection with the Contest do not infringe on the rights of any party, including but not limited to intellectual property rights relating to any patent, trademark or brand name registered or enforceable anywhere in the world. Such participant shall indemnify Shell and its affiliates against any claims, liability, damages, costs and expenses incurred by Shell and its affiliates arising out of or in connection with any such infringement (including legal costs on a solicitor-client basis), and shall at the request of Shell, defend any action brought against Shell and its affiliates for any such claim for liability and/or damages.
Ownership and Rights
17. By participating in the Contest, participants hereby agree and authorize Shell, to use at its discretion, without further compensation, fee, charge or other remuneration to the participants or Facebook user or Instagram user, to disclose and use any of their names, addresses, personal details, photographs, videotapes or any likeness of them for packaging, promotional, advertising, marketing and/or publicity purposes (where not prohibited by written law), and to the use of statements or any creative content made by or attributed to winners of this Contest, and any rights in connection therewith. The participant shall not own any intellectual property rights (including moral rights) to any of his or her work or creations submitted in connection with the Contest and accordingly agree to unconditionally waive all such rights.
18. All worldwide intellectual property rights, in any work or submission by any participant made in connection with the Contest shall be unconditionally vested in and owned by Shell Eastern Petroleum Pte Ltd without further action but the participant shall execute any documentation in favour of Shell Eastern Petroleum Pte Ltd for such purposes where necessary or required. Shell Eastern Petroleum Pte Ltd shall have the right to create derivative works there from and sub- license any such works to any third party at its discretion without compensation to any participant. Each participant waives all he or she may have over the Contest works/submission.
Limitation of Liability
19. By entering this Contest, all participants agree to release, discharge, and hold harmless Shell and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
20. Shell assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in the transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Shell is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to participants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
21. Shell will not assume responsibility or liability whatsoever for damages, loss or injury resulting from the participant participating in the Contest or for (i) any printing or typographical errors in any materials or communication associated with the Contest, (ii) any technical malfunction and/or problem with the prizes and (iii) any use of the prize. By participating in the Contest, participants agree to release Shell from any liability whatsoever. Shell reserves the right to alter or modify these terms and conditions at any time without notice.
22. Shell reserves the right to disqualify any entry that it deems inappropriate or unsuitable or deemed to be detrimental to the Shell brand (not just in terms of vulgarity).
23. All photos submitted should be original (i.e. taken by the user). They should not be plagiarised, copied or reproduced from other photo contests or images that are licensed to other third-party vendors. Such entries will be infringing third party copyright/privacy laws and will be disqualified regardless of when the infringement is detected.
24. THIS CONTEST IS VOID WHERE PROHIBITED BY APPLICABLE LAWS. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Contest are hereby excluded and any participant expressly waives any and all such rights. Certain restrictions may apply. Entries are deemed void if Shell determines the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
25. By participating in the Contest, participants agree (a) to be bound by these Terms and Conditions; (b) that the decisions of Shell are final and binding with respect to all matters relating to the Contest; and (c) if the participant wins, that Shell may use the winning submission and the winner’s name, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All applicable taxes, fees and surcharges and/or foreign duties on prize is the sole responsibility of the prize winner.
26. Shell reserves the right to verify the validity and originality of any entry and/or the identity of the participant (including a participant's email address) and to disqualify any participant who is not eligible, or who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Shell has the right to remove any entries or block any users using profanity, racial slurs, foul language or comments that may be deemed as an attack on Shell or the Contest. By participating in this Contest to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise in violation of any laws.
27. Failure by Shell to enforce any of its rights at any stage does not constitute a waiver of those rights.
Right to Cancel or suspend contest
28. If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Shell that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Shell reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Shell elects to cancel or terminate the Contest, Shell will not retain any rights in the submitted entries.
29. By participating in the Contest, the participants (including the winner) are deemed to have consented to: (i) the collection, use and disclosure of his/her name, identification/passport number, image, voice and/or likeness by the Shell Group of Companies and participating car brand partners for editorial, advertising, promotional, marketing and/or other purposes without any payment and/or compensation except where prohibited by law; and (ii) receiving promotional, marketing and other publicity information from Shell from time to time.
30. Any trademarks, graphic symbols, logos or intellectual property contained in any materials used in connection with this Contest, in particular those relating to the Contest prizes, are the property of their respective owners. Shell is not providing any endorsements or sponsorships to their products or services. The trademark, logo, graphic symbols of Shell and its affiliates are the intellectual property of the Shell Group of Companies.
31. Each participant of this Contest grants Facebook and Instagram a complete release from any liability and exempts Shell from any liability arising from any act, omission or default in connection with the use and operation of the operating platforms for Facebook or Instagram over which Shell has no control. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram, and all participants are providing information to Shell and not to Facebook or Instagram.
33. Shell shall not be responsible for any injury, loss or damage suffered as a result of, or in connection with the Contest and/or redemption or use of the prize howsoever arising, including but not limited to, fulfillment of the prize(s), any breakdown or malfunction in any computer system or equipment, any notice which is misdirected and/or lost in the post, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties howsoever arising whether in contract, tort, negligence or otherwise. For the avoidance of doubt, cancellation, termination or suspension by Shell of this Contest shall not entitle any party to any claim or compensation against Shell for any and all losses or damage suffered or incurred as a direct or indirect result of the act of cancellation, termination or suspension.
34. In the event of any inconsistency between these Terms and Conditions and any advertising, promotional, publicity and other materials relating to or in connection with the Contest, these Terms and Conditions shall prevail.
Governing Law and Jurisdiction
35. This Contest and the terms and conditions shall be governed by Singapore law and each participant agrees to submit to the exclusive jurisdiction of the courts of the Republic of Singapore.
36. A person who is not a party to any agreement governed by these terms and conditions shall have no rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any terms of such agreement.