Top-up Promotion (“Promo Program”)
Terms and Conditions of Participation
1. Acceptance of Terms and Conditions
1.1. The following general terms and conditions regulate the Promo Program, offered by Ecart Services Malaysia Sdn Bhd of Level 30, Tower A, Vertical Business Suites, Avenue 3, Bangsar South City, No.8, Jln Kerinchi, 59200 Kuala Lumpur (hereinafter referred to as “Lazada” on Lazada’s websites and mobile applications.
1.2. By participating in the Promo Program on any of the foregoing Lazada platforms, you, as an eligible user (such person, a “User”), agree unconditionally and irrevocably to be bound by, and shall be deemed to accept, these terms and conditions (the “Promo Terms”) in addition to all other Terms and Conditions found at https://www.lazada.com.my/ website (“Website”) and/or the LAZADA mobile app (“Terms of Use”), which are incorporated by reference into these Promo Terms. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms and Conditions mentioned above.
1.3. Lazada offers the Promo Program within the context of its technical and operational capabilities, subject to downtime and lack of availability during which the Promo Program and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Lazada shall not be liable, in any case whatsoever, for these instances in accordance with the conditions of these Promo Terms. This also does not include periods of time in which Lazada’s general services or the servers of the Promo Program offered do not allow online access due to reasons beyond Lazada’s control such as any events of force majeure or as a result of third party actions or omissions.
1.4. Lazada continuously updates, changes and develops the Promo Program and other services at its own discretion. Other provisions or general terms and conditions of a User that deviates in any way from Lazada’s Promo Terms herein, shall only apply if Lazada gives prior written consent to their validity.
1.5. Lazada does not make any warranty or representation or undertaking on the performance and capability of the LAZADA mobile app, the Website and/or any software or hardware used with such LAZADA mobile app or Website, any application accessed by a User using the LAZADA mobile app and/or the Website, or the reliability or quality of the underlying telecommunications network accessed by such User using the LAZADA mobile app or Website, each in connection with the Promo Program.
1.6. In addition to these Promo Terms, any existing rules and terms of any Rebates or Prizes offered under this Promo Program shall also apply. In the case of any inconsistency or conflict between these Promo Terms, terms of any Rebates or Prizes and/or the Terms of Use, the provisions of these Promo Terms shall prevail over the others, following by the Terms of Use and thereafter the rules of any Rebates or Prizes, to the extent of such conflict.
2. Conditions of Promo Program
2.1. The Promo Program shall only be made available for Users from 12.00AM +8GMT, 1 September 2021 to 11.59PM +8GMT, 11 September 2021 (such period, the “Campaign Period”). However, Lazada reserves the right to vary or amend the Campaign Period in its sole and absolute discretion, without any notice or warning to any participants. A User shall be a Customer who has registered for a customer account on the Lazada Mobile app or Website controlled, and operated, by Lazada. Users shall only be able to participate in the Promo Program on the LAZADA mobile app 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 Promo Program and only individual persons are permitted to be authorized users.
2.2. Users shall be prohibited from participating in the Promo Program with programs other than the Lazada client program. 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 Promo Program.
2.3. 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 of the Promo Program;
(ii) use software that allows the mining of data or otherwise intercepts or collects information in connection with the Promo Program;
(iii) use virtual items (including deal, platform or brands vouchers) that are being used in the Promo Program outside of the Promo Program other than for purchase of Products through Lazada, purchase virtual items for “real” money, or sell or swap virtual items; and
(iv) sell, buy or trade User accounts,
and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.
2.4. The User acknowledges that the availability of the Promo Program shall be subject to:
(i) the availability and functionality of resources including, without limitation, the availability and functionality of the LAZADA mobile app and/or Website; and
(ii) the capability of Lazada’s systems at the time and location when the Promo Program are due to be operated or run for Users.
2.5. The User accepts that Lazada shall not be responsible to him or her for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or related to the Promo Program (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Promo Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Promo Program, or (iii) any loss of data or damage to any of his or her mobile, electronic or digital equipment, to the fullest extent permitted by law.
2.6. In the event that any Liabilities are not excluded under Clause 2, 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 MYR as converted according to the Bloomberg foreign exchange rate recorded as at the first date of a User’s claim or complaint), to the fullest extent permitted by law.
3. Content Restrictions
3.1. Lazada’s Promo Program includes various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of Lazada or third parties. Unless explicitly permitted within these Promo Terms, no User or any third party may edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes of the Promo Program, 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.
3.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Lazada’s mobile application and/or Website, any individual services and/or offers there, or its Promo Program. Users are also required to abstain from any measure which may allow unauthorized access to data. Any use of Lazada’s Promo Program for commercial purposes, especially advertising purposes, requires the express prior written consent of Lazada. Users are not entitled to publish content on Lazada’s Promo Program or other services.
4. General Rules of Participation and mechanics of the Promo Program
4.1. During or prior to the Campaign Period, one (1) category of the Promo Program shall be offered to participants :
a) Prize
4.2. The breakdown of the mechanics and prizes shall be as follows :
Prize
a) User must successfully perform any payment of mobile reload/top-up on the Lazada platform (Mobile Prepaid);
b) EIGHTEEN (18) winners will be selected at the end of the campaign period which includes NINE (9) prizes that consists of Nintendo Switch console, PlayStation 5 console, DJI Drone, GoPro Camera, Apple Macbook, Apple iPad, Apple iPhone, Apple Watch & Apple AirPods, and NINE (9) Lazada Wallet credits worth RM99 each.
c) Winners will be selected based on the highest total accumulated top-up on Lazada during the campaign period.
d) Eligible participants can only win a single prize for the entire campaign period.
e) Selected winners shall be notified by one or multiple communication methods including but not limited to, email, app notification or call by Lazada within 14 days after 11 September 2021
f) The Contest Winners shall redeem the prize within the redemption period communicated, failing which the prize shall be forfeited automatically and without prior notice. Contest Winners are not entitled to any payment or compensation from the organizer should the prizes be forfeited for any reason.
g) All Prizes must be taken according to the terms and conditions of the sponsor providing the Prizes
h) Lazada reserves the right to disqualify any selected winners in its absolute discretion for any reason without notice in accordance with the contest rules.
i) Lazada reserves the right to substitute any of the Prizes with that of similar value at any time at their absolute discretion without prior notice and all Prizes are non-transferable to another individual and absolutely non-negotiable.
4.3. Lazada’s decisions on any winners are final and will be awarded based solely on Lazada’s absolute discretion.
4.4. Lazada reserves the right to, at its sole discretion and without prior notification, reject, refuse or exclude any User from participation in the Promo Campaign without giving any reasons whatsoever.
4.5. Lazada shall not be liable for or pay any taxes associated with any campaign, contest or promotions, including but not limited to rebates, cashback, rewards and/or prizes. Any taxes imposed by a government or governing body as a result of any rebate/prize/reward/campaign/contest/program participation shall be the responsibility of the Users.
4.6. Lazada may publicize, broadcast or otherwise disclose a winner's or User's name, character, likeness, social media postings made pursuant to the Promo Program, statements or any promotional activities output concerning the winning of any prize pursuant to the terms herein. Lazada may promote or advertise that a particular User won a prize pursuant to terms herein. All participating Users hereby agree and consent to the use of his/her name or his/her social media post(s) for the purpose of advertising, public communication or promotion by Lazada in relation to the Promo Program herein, without any additional compensation. For further terms and conditions relating to personal data protection, our Privacy Policy at the Lazada.com.my website shall apply.
4.7. Each User is only entitled to one Rebate (if available) mentioned above. Getting any one Rebate precludes that User from getting any other Rebates offered under the Promo Program.
4.8. Prizes are non-transferable and cannot be converted into cash or Lazada Wallet credits.
4.9. Lazada e-vouchers prizes are subject to terms and conditions regarding the use of Lazada vouchers, available at https://www.lazada.com.my/terms-of-use/ .
5. User’s Obligations
5.1. 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 Promo Program.
(ii) He or she shall comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines) of any prizes not provided directly by Lazada, and such User shall not, as part of his or her participation in the Promo Program, 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 Promo Program whether to Lazada or third parties.
(iv) He or she shall not participate in the Promo Program or permit the participation in the Promo Program in any manner which may adversely affect other customers' or Users’ participation in the Promo Program or the goodwill or reputation of Lazada.
(v) He or she is responsible for complying with these Promo 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.
5.2. Where Lazada deems that a User has breached any of these Promo Terms, including fraudulently participating in the Promo Program, Lazada reserves the right, at its sole and absolute discretion to:
(i) prevent or restrict access of any User to the Promo Program, the LAZADA mobile app and/or Website;
(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 Prizes won during a User’s participation in the Promo Program.
6. Miscellaneous
6.1. Any Clause in these Promo 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 otherwise be 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.
6.2. Lazada reserves the sole right to alter, modify, add to or otherwise vary these Promo Terms at any time and from time to time, and in such manner as Lazada deems appropriate at its absolute discretion. In the event of variation of these Promo Terms, if you continue to participate in or use the Promo Program thereafter, you shall be bound by the Promo Terms as so amended and shall be deemed to have accepted the Promo Terms as so amended.
6.3. Lazada shall not be liable to you for any Losses which may be incurred as a result of any non-performance, error, interruption or delay in the performance of its obligations under these Promo Terms (or any part thereof) or in connection with the Promo Program or for any inaccuracy, unreliability or unsuitability of the program if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Lazada’s reasonable control.
6.4. The laws of Malaysia shall apply and govern these Promo Terms. Any dispute arising out of or relating to these Promo Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration English, in Kuala Lumpur, in accordance with the rules of the Asian International Arbitration Centre ("AIAC"). The arbitral tribunal will consist of a sole arbitrator, to be designated by the Chairman of the AIAC. Any award by the arbitration tribunal will be final and binding upon the Parties. The arbitrator will award to the prevailing party the costs and attorneys’ fees reasonably incurred by such party in connection with the arbitration.
