Onederful Wallet Terms and Conditions of Participation
1. Acceptance of Terms and Conditions
1.1. These terms and conditions govern your use of the Onederful Wallet (the “Game”) provided by Ecart Services Malaysia Sdn. Bhd. of Suite 35-1, Level 35 and Suite 36-1, Level 36, UOA Corporate Tower, Avenue 10, The Vertical, Bangsar South City, No.8 Jalan Kerinchi, 59200 Kuala Lumpur. (hereinafter referred to as “Lazada”) on Lazada’s websites, mobile applications and in-application stores.
1.2. By participating in or playing the Game, you, as an eligible user ("you" or “User”), agree unconditionally and irrevocably to be bound by, and shall be deemed to accept, these terms and conditions (the “Game Terms”), in addition to the Terms of Use for the Lazada Malaysia (lazada.com.my) website (“Website”) and/or the Lazada mobile application (which include, without limitation, the Lazada Terms & Conditions, the Privacy Policy, Digital Vouchers & Gift Cards Terms and Conditions, and Terms & Conditions of Sale, which are incorporated by reference into these Game Terms. If you do not agree to these Game Terms, please do not access participate in or play the Game. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.
1.3. In the case of any inconsistency or conflict between these Game Terms and the Terms of Use, the provisions of these Game Terms shall prevail, followed by the Terms of Use, to the extent of such conflict.
2. Eligibility
2.1. If you are under the age of majority in your jurisdiction as at the start of the Promotion Period (as defined in Clause 6.1 of these Game Terms), you must seek parental and/or guardian consent before participating in the Game.
2.2. Lazada reserves the right in its sole discretion to disqualify any User or order that does not meet the criteria set out in these Game Terms, or to limit the provision and quantity of any product or service to any person or geographic area as it deems fit. Any offer of any product or service made shall be void where prohibited.
2.3. A User shall be a Customer who has installed the Lazada mobile application and registered for a customer account on the Platform controlled and operated by Lazada. Users shall only be able to enter the games portal and participate in the Game on the Lazada mobile application after they have logged in and provided their full name and any other required information in accordance with their ID Card or passport. Only natural persons are eligible for registration and participation in the Game.
3. Game Conditions
3.1. Mobile games and other services offered by Lazada (including the Game) (collectively, "Lazada Games") are intended solely for the purpose of a User’s personal entertainment and personal benefit. The use of Lazada Games for business or commercial purposes is strictly prohibited.
3.2. User shall be prohibited from running or accessing the Game (including all individual mobile application page interfaces) using programs other than the Lazada client program that has been provided in the Games portal. This refers in particular to automated bots and other tools meant to replace or supplement the mobile application interface. In addition, scripts and completely or partially automated programs providing Users with any advantage over other Users shall be prohibited, including without limitation, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for participation in the Game.
3.3. Users are, under no circumstances, permitted to:
i. create or use cheats, mods and/or hacks, or any other third party software products that may change the result or gameplay of the Game;
ii. use software that allows the mining of data or otherwise intercepts or collects information in connection with the Game;
iii. in respect of any virtual items (including deal, platform or brand vouchers) that are used or made available within the Game, use such virtual items outside of the Game or other than for the purchase of Products through Lazada, or purchase virtual items with “real” money, or sell or swap virtual items; and
iv. sell, buy or trade User accounts or impersonate any other individual in connection with User accounts, and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.
4. Exclusions and Limitations
4.1. Lazada does not make any warranty, representation or undertaking on the performance and capability of the Lazada mobile application, the Game and/or any software or hardware used in connection with the Game, any application accessed by a User using the Lazada mobile application and/or the Game, or the reliability or quality of the underlying telecommunications network accessed by such User to participate in the Game.
4.2. Lazada reserves the right (but shall not be obliged) to update, modify, develop or suspend the Game and other services from time to time at its sole discretion.
4.3. When a User accesses or participates in the Game through a mobile network, the network or roaming provider's messaging, data and otherrates and fees may apply. Accessing or participating in the Game may be prohibited or restricted by the User's network provider, and Lazada shall notbe responsible for such prohibition or restriction.
4.4. The User acknowledges that Lazada offers Lazada Games and other services within the context of its technical and operational capabilities, which may be subject to downtime and lack of availability from time to time during which the use of the Game and/or other services of Lazada may be interrupted or affected (whether or not any prior notice thereof shall have been given to the User) including:
i. scheduled maintenance;
ii. downtime due to any acts or omissions of the User or third party or any third-party connections, utilities, or equipment; or
iii. downtime related to any other forces beyond the reasonable control of Lazada (such as internet outages or outages with respect to the Useror the User's network or internet access).
4.5. Without prejudice to the generality of the foregoing the availability of the Game shall be subject to:
i. the availability and functionality of resources including, without limitation, the availability and functionality of the Lazada mobile application; and
ii. the capability of Lazada’s systems at the time and location when the Game is due to be operated or run for Users.
4.6. The User accepts that Lazada shall not be responsible to him or her for any loss, damage, fine, regulatory action, claim or compensation ofwhatever nature arising from or related to the Game (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Game Terms, (ii) any alleged unauthorised transactions,disruptions, downtime (whether scheduled or unscheduled), errors, defects, malfunctions, delay in operation or transmission, or unavailability of the Game or any other service, or (iii) any loss or corruption of data or damage to any of his or her mobile equipment, to the fullest extent permitted by law.
4.7. In the event that any Liabilities are not excluded under Clause 4.6, Lazada’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be USD 50 (or the equivalent value of such amount in Ringgit Malaysia as converted according to the Bloomberg foreign exchange rate recorded as at 20 June 2019), to the fullest extent permitted by law.
5. Content Restrictions
5.1. Lazada Games (including the Game) include various content, imagery, media and graphics that are protected by trademarks, copyrights orother means for the benefit of Lazada or third parties. Unless explicitly permitted within these Game Terms, no User or any third party may edit, copy,distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of the Lazada Games, or the content or any portion thereof. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided or developed by Lazada and any such services available for download.
5.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Lazada’s mobile application, any individual services and/or offers thereon, or the Game. Users are also required to abstain from any measure which may allow unauthorised access todata. Any use of Lazada Games for commercial purposes, especially advertising purposes, requires the express prior written consent of Lazada. Users are not entitled to publish any content on Lazada Games or other services.
6. General Rules of Participation in the Game
6.1. The Game shall be available to Users during the period of 10 September 2022 to 11 September 2022, or a later period which may be determined byLazada ("Period"). Subject to these Game Terms herein, during the Period, an User shall stand a chance for every round / session of Onederful wallet, which is held on a regular basis as determined by Lazada , to win a voucher (“Prize Voucher”), the value of which is equivalent to the value of the product featured on the Game landing page ("Promotion Product") for ninty nine cent (RM0.99) ("Promotion Price") paid using the User's Lazada Wallet.
6.2. To participate in the Game, the User shall enter the Game landing page by clicking the Onederful Wallet Game icon or banner at the home page and/or main campaign page in Lazada’s mobile application and/or Lazada Flash Sales with promotion price (RM0.99). If the User has not yet logged into the Lazada mobile application, the User will be prompted to login to the Lazada mobile application using his or her credentials prior to accessing the Game landing page.
6.3. Once the User has arrived at the Game landing page, he /she may select the Game by clicking on the icon for such Game to initiate the Game. The User may participate in the Game by placing an order for a Promotion Product at the Promotion Price using the User's Lazada Wallet. Only User who has made successful payment of the Promotion Price for a Promotion Product through such User's Lazada Wallet on or before 23.59pm or the cut-off time for each round of Onederful wallet as determined by Lazada ("Participating User") may be eligible to win the Prize Voucher.
6.4. For the avoidance of doubt:
i. any attempts to place an order for any Promotion Product before or after the Promotion Period; and
ii. any order placed using a payment method other than the User's Lazada Wallet, shall not be valid for purposes of the Game.
7. Selection of Winners
7.1. Each Participating User is eligible to win one (1) Prize Voucher during the entire Period.
7.2. The Prize Voucher will be randomly rewarded to Participating User ("Winner") by our system.
7.3 Only the FIRST Purchase will be counted as an entry point for the winner selection in this contest.
8. Announcement and Notification of Winners
8.1. Winner for each round / session of Onederful Wallet will be announced on the Game landing page at 12.00 pm on the next day after each round / session end.
8.2. All Participating Users who have placed an order for a Promotion Product (including winners and non-winners) will receive a refund of the Promotion Price into their respective Lazada Wallets within 3 days after the winner announcement.
8.3. The Winner will receive a push notification within the Lazada mobile application containing the Prize Voucher that may be used to redeem certain products that may be determined by Lazada from time to time.
9. Prize Vouchers and Collection of Promotion Products
9.1. A Prize Voucher is valid for a period of thirty (30) days from the date of the receipt of the Prize Voucher by the Winner and shall only be used to redeem the products that may be determined by Lazada. Any Prize Vouchers which is not used or redeemed within the aforementioned thirty days’ period shall lapse and expire. There shall be no refund or compensation for any unused Prize Voucher.
9.2. The Winner acknowledges and accepts that the Prize Voucher shall only cover the price of the products redeemed and does not include any shipping and handling fees or any other costs and expenses incurred and/or arising from the Winner's participation in the Game, which shall be wholly borne by the Winner. The Prize Voucher shall not be used in conjunction with any other vouchers or discount codes.
9.3. All products redeemed and sold to the Winner shall not be refundable, transferable or exchangeable for cash, credits or any other item or otherwise, whether partially or wholly.
9.4. Lazada reserves the right to cancel any Prize Voucher awarded to a Winner or any order placed to a Winner or any order placed in connection with the Game where it determines in its sole and absolute discretion that such Participating User/ Winner has breached these Game Term or the Terms of Use (including, without limitation, the Lazada Wallet Terms and Conditions, the Privacy Policy, the Digital Vouchers & Gift Cards Terms and Conditions and the Terms & Conditions of Sale).
10. User’s Obligations
10.1. Each User acknowledges and agrees that:
i. He or she shall comply with all applicable laws and regulations to the fullest extent when participating in the Game.
ii. He or she shall comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines) provided by sharing channels where such sharing channels are used to invite third parties to the Game, and such User shall not, as part of his or her participation in the Game, breach any of these terms.
iii. He or she shall be responsible for all information that is communicated, submitted, transmitted or otherwise made available during such User’s participation in the Game whether to Lazada or third parties.
iv. He or she shall not participate in the Game or permit the participation in the Game in any manner which may adversely affect other customers' or Users’ participation in the Game or the goodwill or reputation of Lazada.
v. He or she is responsible for complying with these Game Terms.
vi. Lazada, to the fullest extent permitted by law, excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that a User would otherwise be entitled to under law.
10.2. Where Lazada deems that a User has breached of any of these Game Terms, including fraudulently participating in the Game, Lazada reserves the right, at its sole and absolute discretion to:
i. prevent or restrict access of any User to the Game in the aggregate or any of the Game, the Lazada mobile application, or any of the Lazada Platforms;
ii. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
iii. cancel any order placed during a User’s participation in the Game.
11. Miscellaneous
11.1. Any Clause in these Game Terms, the Terms of Use, the Privacy Policy as well as such other terms and conditions as may be agreed or accepted by a User, that are invalid, unenforceable or illegal shall be enforced as far as possible in accordance with its terms, but shall otherwisebe deemed severed and shall not affect the enforceability of any other Clauses, terms and/or conditions which Clauses, terms and/or conditions shall continue to be valid and enforceable to the fullest extent permitted by law.
11.2. Lazada reserves the sole right to alter, modify, add to or otherwise vary these Game Terms at any time and in such manner as Lazada deems appropriate at its absolute discretion. In the event of variation of these Game Terms, if the User continues to participate in or use the Game thereafter, such User shall be bound by the Game Terms as so amended and shall be deemed to have accepted the Game Terms as so amended.
11.3. Lazada shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations under these Game Terms (or any part thereof) or in connection with the Game or for any inaccuracy, unreliability or unsuitability of the Game if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Lazada’s reasonable control.
11.4. The laws of Malaysia shall apply and govern these Game Terms. Any dispute arising out of or relating to these Game Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of orrelating to it shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) in Kuala Lumpur under the AIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be in Kuala Lumpur. The number of arbitrator shall be one. The arbitration proceedings shall be conducted in English.
