Terms & Conditions

TERMS & CONDITIONS (“Terms”)

1. About the Promotions. Kotex #SheCanFund X Yuna, (“Promotion 1”) and Kotex #SheCanFund X Nicol David (“Promotion 2”) are organized by Kimberly-Clark Trading (M) Sdn Bhd (“K-C”). All participants to this Promotion are subject to these Terms or such other terms and conditions that K-C may impose. K-C reserves the right at its sole discretion to terminate or modify this Promotion without any liability to K-C. By participating in this Promotion, participants are deemed to have agreed to and accepted these Terms and versions as subsequently amended. This Promotion and related prizes (if any) are not valid in conjunction with any other offer or promotional product bundle outside of this Promotion. Entries are not transferable or assignable.

2. Promotion Period. Promotion 1 and Promotion 2 runs from 00:00:00, 10th November 2020 to 23:59:59, 20th December 2020 (“Promotion Period”). Late, lost or misdirected submissions will be disqualified. K-C reserves the right to modify or extend the Promotion Period at its sole discretion.

3. Eligibility.

   1. Promotion 1 and Promotion 2 are open to individuals, females, aged eighteen (18) years old and above who are residents of Malaysia only.

   2. Employees of K-C, its subsidiaries, divisions, affiliates, authorized distributors, agents (including the advertising, public relations, marketing and interactive agencies used by K-C or its affiliates) and their immediate families are not eligible to enter Promotion 1 and Promotion 2. Immediate family means any of the following: spouse, child, parent, grandparent, sibling, uncle, aunt, niece, nephew or first cousin.

   3. K-C reserves the right to verify the eligibility of each participant and to disqualify any ineligible person from (i) his/her participation in Promotion 1 and Promotion 2; and (ii) receipt of any prize and/or require the return of any such prizes awarded. In such an event, K-C reserves the right to select a new winner for the prize and/or dispose of the prize in any manner it deems fit, at its sole discretion.

4. Promotion Procedure – Instagram Only

   Promotion 1: Kotex #SheCanFund X Yuna

   Step 1:

   Participants to upload a cover of them singing Yuna’s original song on Instagram Feed post.

   Step 2:

   Participants to tell us why they deserve to win – in the post caption.

   Step3:

   In the Instagram Feed post, participants MUST:

   1. Tag @Yuna and @kotexmy

   2. Include hashtag - #KotexSheCanFundxYuna

   Promotion 2: Kotex #SheCanFund X Nicol David

   Step 1:

   Participants to upload a training video of their respective sport on Instagram Feed post.

   Step 2:

   Participants to tell us why they deserve to win – in the post caption.

   Step3:

   In the Instagram Feed post, participants MUST:

   1. Tag @nicoldsquash and @kotexmy

   2. Include hashtag - #KotexSheCanFundxNicolDavid

   Note: Participant’s Instagram account MUST set to public to allow us to view the entries.

   The participant can submit more than one entry, but each entry must be uploaded with a clear view of their caption, tags, and hashtag. Entries which are incomplete, illegible, or are entered incorrectly will be classified as disqualified entry with wrong answers; entries with wrong hashtags, or wrong account tags will be disqualified.

   Submitted Content. All content submitted by any participant (other than participant’s personal information) and all copyright and other rights in such content and/or other materials will vest in and become the property of K-C and will not be returned. Each participant agrees to provide a written assignment of all rights to K-C, if requested. K-C (and its affiliates) reserves the right to use, modify, adapt, reproduce and/or create derivative works of all content of any participant in Promotion 1 and Promotion 2 for any purpose K-C deems fit to the extent permitted by law, including without limitation for publicity purposes, and to the extent K-C does not own such content pursuant to these Terms, each participant hereby grants to K-C (and its affiliates) a royalty-free, perpetual and non-exclusive license to use the copyright and all other intellectual property rights of whatever nature in such content for such purposes. The participant also agrees in so far as it is permitted by law to waive all moral rights in the content submitted, including the right of attribution of authorship. Each participant hereby represents and warrants that all elements contained in the content submitted for Promotion 1 and Promotion 2:

   1. is original to the participant and fully cleared for use as contemplated in these Terms;

   2. does and will not, in any way, violate or breach any of the terms of any other agreement the participant may be a party to;

   3. is not unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, tortious, vulgar, obscene, hateful, racist or otherwise offensive or objectionable to any other person or entity;

   4. does not infringe or violate any intellectual property rights, or contain any matter the publication or sale of which will violate any law, including federal or state statute or regulation;

   5. does not contain any unsanctioned advertising, pyramid-scheme, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution by e-mail;

   6. is free of viruses, corrupted files, malicious code or worms, or any other similar software or programs that may damage the operation of the host site or other computer; and

   7. shall not require K-C to pay or incur any sums to any person or entity as a result of K-C’s use or exploitation of the same,

   and each participant will indemnify K-C (and its affiliates) from and against any and all loss, damage, liability and costs resulting from breach of the above representations and warranties in relation to such participant’s submitted content. K-C reserves the right to disqualify any participant who submits any content in breach of the above representations and warranties.

5. Prizes. The winner(s) will be entitled to the following prize:

   Promotion 1 Kotex #SheCanFund X Yuna

   One-on-one Training Session with Yuna AND an autographed musical instrument by Yuna.

   Promotion 2 Kotex #SheCanFund X Nicol David

   Access to talent scouts and coaches, training equipment, and mentorship by Datuk Nicol David.

   1. Entries on behalf of another person, same person using multiple accounts, or contest accounts will NOT be accepted, and joint submissions are not allowed.

   2. Prizes are not transferable, exchangeable or redeemable for cash. K-C reserves the right to replace any prize with another of equivalent value without notice. K-C accepts no responsibility for any variation in the prize values.

   3. Prizes must be redeemed within [thirty (30)] days after notification. Unclaimed prizes will be forfeited after this period and may be utilized for future K-C related marketing programs. K-C will take reasonable steps to advise and adhere to the actual collection/delivery date of all prizes but will not be responsible for any delays.

   4. All ancillary costs, including delivery charges and all federal, provincial, state and/or local duties/taxes are the sole responsibility of the winner(s).

   5. To the extent permitted by law, no representations or warranties are made as to the quality, suitability or merchantability of any prize (or any part of it). Acceptance of any prize will, to the extent permitted by law, constitute a full release and discharge of K-C by each winner from any and all liability, claims, demands, causes of action, and/or damages which the winner may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) this Promotion; (ii) personal injury and/or property damage, theft or loss suffered by the winner as a result of the use and/or enjoyment of the prize; and/or (iii) any tax liabilities in relation to this Promotion, prize and/or use or enjoyment of the same.

6. Winners and Judging Criteria. Two (2) winners will be selected for Promotion 1 and Two (2) winners will be selected for Promotion 2. Selection will be based on the best or most inspiring story in their post on Instagram Story/Feed with the requirements. K-C reserves the right to disqualify any participant who does not comply with these Terms. The winner(s) of Promotion 1 and Promotion 2 will be announced after the Contest ends and will be notified by phone call or email or text message. The results, based on K-C’s sole discretion, will be final, and K-C will not entertain any appeals. Instructions for prize collection will be given to the winner(s) in the notification. No compensation will be due to the winner who fails to claim the prize within the stipulated time.

7. Release and Indemnity. To the extent permitted by applicable law, each participant, by entering Promotion 1 and; or Promotion 2, expressly releases K-C from any claim, action or demand arising out of or in connection with Promotion 1 and Promotion 2 or their prize, if any. Participants will indemnify K-C, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claims, losses, costs, damages, liability and expenses arising out of the participant’s breach of any of these Terms.

8. Disclaimers.

   1. K-C will accept no responsibility for late, lost or misdirected mail. Further, to the extent permitted by law, K-C is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s computer, related to or resulting from participation in this Promotion.

   2. If the Promotion 1 and Promotion 2 cannot run as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, prohibition by the relevant authorities or any other causes beyond the control of K-C which corrupts or affects the administration security, fairness, integrity or proper conduct of this Promotion, K-C reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend this Promotion as it sees fit.

   3. K-C is not liable for any loss or damage whatsoever which is suffered (including, without limitation, indirect or consequential loss), or for personal injury suffered or sustained, as a result of participation in this Promotion, except for any liability which cannot be excluded by law.

   4. The Promotion 1 and Promotion 2 is in no way sponsored, endorsed or administered by, or associated with Instagram (“Third Party”). Participation in Promotion 1 and Promotion 2 assumes the acceptance of the Third Party’s terms and conditions of use.

9. Governing Law and Jurisdiction. The laws of Malaysia shall govern these Terms and participants agree to submit to the exclusive jurisdiction of the Courts of Malaysia for all matters arising from or in relation to this Promotion 1 and Promotion 2.

Privacy Notice

I consent to the processing of the personal information provided herein by Kimberly-Clark Trading (M) Sdn Bhd and/or its affiliates ("K-C") including its service providers within and outside Malaysia, which may be used by K-C for marketing activities related to its products/services, to provide samples, to administer promotions and/or to address enquiries/complaints about K-C products/services. I also consent to K-C sharing my personal information with carefully selected partner companies for marketing and promotional purposes. I acknowledge that K-C’s processing of such information is necessary for the purposes specified herein.