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DARLIE THE NEXT CREATOR T&C

DARLIE: THE NEXT CREATOR

TERMS AND CONDITIONS

 

HAWLEY & HAZEL MARKETING (MALAYSIA) SDN BHD and ITTIFY SDN BHD (Collectively referred to Organizerorus/we”, and respectively referred to as Hawley&Hazel or ITTIFY) will run the 【Darlie: The Next Creator campaign】 (Campaign) From 10.05.2022 to 31.08.2022 Malaysia time】 (Campaign Period).  Anyone who participates in the Campaign (Participant) shall agree with all the terms and conditions herein.

The Participants shall read the instructions of the Campaign before participating in the Campaign. The Organizer has the right to revise the said instructions from time to time during the Campaign Period. The Participants shall not raise any objections.

 

Eligibility Criteria

  1. Any individuals allowed to take part are Malaysian Residents. Malaysian Residents shall include Malaysian citizens residing in Malaysia, Malaysia permanent residents and expatriates who hold a legal pass/permit residing in Malaysia. For the purpose of clarification that:
    • Malaysian citizens living abroad are excluded;
    • Participants shall have a valid MyKad Identification number (NRIC);
    • He/she shall be based in Malaysia and has a valid Residential address;
    • Proof of citizenship or residency must be validated prior to participation;
    • An individual declaring residency must reside within the country a minimum of three (3) months and must be able to provide official documentation to support such a declaration.
  2. Age
    The allowable age to participate in Darlie: The Next Creator is from 18 years old and above.

  3. Public Social Media Account
    • Participants must own a personal Instagram account and be made public during the Period of the campaign.
  4. Individuals from the following groups are not eligible to participate in this Campaign:
    • Employees of the Organizer [including associated and related companies] and their immediate family members [children, parents, siblings, including spouses]; and/ or
    • The Representative, staff, employees and / or agents of the advertising and / or promotion services of the Organizer [including its affiliated and related companies], and their immediate family members [children, parents, siblings, including spouses].
    • Individuals who have a direct relationship with the staff of the Organizer [including associates and related companies]
    • Participants who moved outside of Malaysia in the middle of the Campaign and/or cannot be fulfill the obligations as set in the Campaign.
    • Individuals who refuse to provide any necessary personal information and documentation including but not limited to certify their state/national eligibility and date of birth.
  5. The Organizer has the right, without any compensation, to disqualify the Participant from the Campaign immediately without any prior notice in the following events:
    • any Participant is in breach of these Terms and Conditions or commits any illegal, dishonest, or improper acts in participation of the Campaign.; and/or
    • are not eligible or unable to provide proof of eligibility to participate in the Campaign for verification when the Organizer requested;
      In the event of a disqualification after a prize has been awarded, the Organizer reserves the right to cancel the prize and claim for compensation if any loss suffered.
  6. The Organizer has the absolute discretion to suspend, modify or terminate this Campaign without any prior notice.

How to join this Campaign?

  1. This whole campaign is hosted on the official Darlie MY @darliemy.
  2. Any qualified individual can submit his/her entry on this social media platform with below information during 【10.05.2022, 00.00AM】to【 29.05.2022, 11.59PM】(“ Application Period”). The said “information” includes:
    • Necessary personal data at submission stage;
    • Casting photo (frontal facing with a bright smile);
      1. All participants will bear full responsibility for images submitted.
    • Agreeable to Terms & Conditions, Privacy Policy and sign the Authorization Letter.
  3. Submissions received outside the Application Period are invalid and will not be entertained.

Shortlist Selection

  1. The Organizer will choose 30 participants from all those Participants at its own discretion and notify the results to the selected Participants by promised date.
  2. The selected 30 participants will be asked to create contents (“Contents”) comply the requirements and guidance provided by the Organizer. The aforementioned requirements will include but limited to:
    • Darlie product names must be read, spelled and mentioned correctly.
    • Darlie Toothpaste tube and box must be presented in a horizontal manner, otherwise the tube and toothbrush can be in a transparent glass cup.
    • Any Contents being uploaded on the Participant’s personal social media platforms will need to:
      • Collaboration tag @darliemy  & @ittify (for tracking purposes)
      • have the below hashtags:
        #DarlieTheNextCreator
        #DarlieConfidentSmiles
        #DarlieWhitening
        #DarlieMalaysia
        #DarlieMY
    • Participants are responsible for the quality, mix and sound levels of their music used in the Contents for this Campaign. Any music used to accompany should not have any political, racial, insensitive slurs which may be offensive and jeopardize harmony. The Organizer has the right to refuse music with inappropriate, lewd or offensive language.
    • Language
      The participant has the liberty to prepare the Content in whichever language he/she is comfortable in. However, the communication language shall not contain any profanity or sensitive words.
    • Competition Mechanism
      1. All 30 shortlisted participants are required to participate in an equipping workshop. Any no-show without prior consent/update results in disqualification
      2. The shortlisted 30 Participant will be invited to participate in challenges as set by the Organizer. Only the Participants who succeed in the last challenge can have the chance to compete in the next round challenges. Details of challenges and its competition mechanisms will be shared with the selected Participants at each stage of competing.
      3. All submission for each stage has to be submitted by the communicated stipulated timing. Late submissions may result in disqualification or forfeiture.
      4. The Participant who gets the highest scores according to the competition mechanism shall be selected as the winner in the finale.
      5. All scoring decisions are final. No dispute is allowed as the scores & judging have been carefully tabulated. Any objections and / or complaints will not be entertained.
  3. All Participants understand and further clarify that:
    • the Organizer has the right, from time to time, to changes the Content creation requirements and competition mechanisms without any reason;
    • he/ she fully agrees with all requirements and competition mechanisms set by the Organizer without any condition, unless otherwise provided such requirements and/or competition mechanisms are illegal;
    • he/she shall not violate the applicable rules, moral standards and /or makes any improper speech which may bring potential negative impact on the Organizer (including Darlie brands) during and after the Campaign Period.
  4. Protests are prohibited and will not be accepted regarding any score or result of a decision.

The Prize

  1. The winner will be signing a contract with with Ittify for 6 months which amounts to RM35,000. During this period of 6 months, the chosen winner shall be actively engaged in Darlie projects based on the below deliverables(“Deliverables”).
    • The Deliverables are including:
      1.    X 6 Instagram Reels
      2.    X 6 Instagram Stories
      3.    X 6 Instagram Photos
        Note: Hawley&Hazel reserves the rights to adjust the deliverables according to campaign basis.
    • Hawley&Hazel shall be authorized to use such Deliverables for marketing purpose through online/off-line channel as it deems fit.
    • Should there be any disputes in connection with the contract with Ittify (including but limited to the failure of contract execution between the winner and Ittify), the winner agrees that the Hawley&Hazel shall not be responsible for this disputes and such disputes shall be handled by Ittify and the winner directly.
  2. Should there be more than one winner chosen, the prize and the deliverables will be split equally among the two chosen ones.
  3. The Organizer reserves the right to substitute the prize with that of similar value at any time at their absolute discretion without prior notice. The prize is non-transferable, non-refundable and non-exchangeable.

Personal Data

  1. Participants entered into this Campaign are responsible for providing accurate personal data.
  2. By signing up for and providing any personal data during the Period of this Campaign, the Participant is deemed to have given explicit consent for the Organizer and its designated partner to collect, analyze, collate, share and/or otherwise use such data without any liability to the Participant.
  3. Falsifying personal data and/or national eligibility documents by an individual is subject to disqualification, suspension and/or other severe penalties deemed necessary by the Organizer.
  4. The detailed personal data collection, use and protection policies for this Campaign, please see our Privacy Policy

Warranty and Non-infringement

All materials create and/or provided by the Participants in connection with this Campaign, including but not limited to Contents, Deliverables and Vlogs shall not:

  1. feature other Toothpaste/Toothbrush/Oral care products or brands;
  2. mention any politics/racism/pornography;
  3. feature mugs/cups/free gifts of other oral care brands in the creative subconsciously;
  4. contain anything which are sexually explicit or suggestive, violent or derogatory to any race, ethnicity, religion, gender, sexual orientation, age group, profession and other sensitive topics;
  5. have profane or pornographic-skewed material, promotion of alcohol, drugs, tobacco, weapons;
  6. support of particular political agenda, offensive and defamation slurs, endorsement of hate against a particular individual or groups or companies;
  7. Any other speech or action which might bring negative impact on the Organizer;

Disclaimers

  1. Unless stipulated otherwise, all transportation cost, internet charges, personal expenses and/or any other costs, fees and/or any kind of expenses incurred by the Participants in connection with this Campaign (whether for the purpose of joining, participating in or receiving any benefit or prizes from the Campaign) are the sole responsibility of the Participants. The Organizer, its affiliates, agents or participating agencies shall not be responsible whatsoever for the said costs, fees and expenses.
  2. The Participant acknowledges that his/her participation in the Campaign shall be at his/her own risks.
  3. The Organizer, its affiliates, sponsors, agents and their respective directors, officers, employees, agents and assignors shall not be liable and/or responsible to any Participant for the following events. The Participant agrees to release, discharge and hold harmless the aforementioned parties in the event that:
    • the Participant’s failure to win a prize in the Campaign for whatsoever reasons;
    • any loss, damages, costs, expenses, claims, liabilities, injury, death or accidents suffered by the Participant during the Campaign or arising out of or in connection with the Campaign and/or redemption or use of the prizes;
    • any delay and/or failure in receiving, sending or downloading any materials of the Campaign as a result of any network, communication, or system error, interruption and/or failure;
    • any error of the Website (including error in notification of Campaign winners), omission, interruption, deletion, defect, virus and unauthorized access; or
    • any other matters outside the Organizer’s reasonable control.

Intellectual Property Rights

  1. Save and except those otherwise mentioned herein below, all Intellectual Property Rights arising out of or in connection with this Campaign, including but not limited to the Contents, Deliverables, Vlogs, are owned by Hawley&Hazel. No reproduction, republication, upload, copy, transmit, distribution, display, or otherwise use of any of this Intellectual Property is allowed or permitted without the prior written consent from Hawley&Hazel.
  2. To Hawley&Hazel’s discernment, Hawley&Hazel are entitled to use all this Intellectual Property for the following purposes, which includes but not limited to:
    • repost any Deliverables & Contents related to this for marketing and advertising purposes.
    • use any Photographs/Videographies (including those of Participants), motion pictures, recordings, or any other media records of the Campaign (including any programme(s), event(s), talk(s), demonstration(s) or any other activities associated before, during or after this Campaign for any legitimate purpose including but limited to commercial advertising, publicity purpose and distribution to involved Partners/Sponsors.
  3. The Participant shall defend, indemnify and hold the Organizer and its subsidiaries, divisions and affiliates, and their respective employees, directors, officers, principals (partners, shareholders or holders of an ownership interest, as the case may be) and agents harmless against any and all claims, demands or causes of action of every kind and character arising from or in connection with infringement of copyright, patent, trade secret or other intellectual property right of any kind whatsoever, arising out of the Contents, the Deliverables or resources performed, provided, or used by the Participant (each, an “Infringing Item”).The Participant shall bear the expense of such defense and pay any damages and attorneys’ fees, which are attributable to such claim.

Confidentiality

Any information related to this Campaign and the Organizer but not publicly known shall be regarded as the Organizer’s Confidential Information. The Participants agrees to keep the Confidential Information secret and confidential and not to disclose, or cause or permit the disclosure of the Confidential Information, except as permitted under this Terms and Conditions, or with the prior written consent of the Organizer.

Force Majeure

No liability shall result to the Organizer and its designated partners from any delay in performance or from non-performance caused by circumstances beyond the reasonable control, including but not limited to, Covid-19,  movement control order issued by the government of Malaysia, acts of God, fire, flood, explosion, war, action or request of governmental authority, accident, labor trouble or shortage, or any other circumstances of a similar or different nature beyond the reasonable control of the Party affected (“Force Majeure”).  In the event of a delay in the Organizer’s and its designated partner’s performance hereunder caused by Force Majeure which continues for 【15 working】 days or more, the Organizer may terminate this Campaign immediately upon written notice of termination to the Participants.

General Provisions

  1. Along the way of this campaign, participants are required to record vlogs of themselves so we can piece together for some marketing communication. Some of the vlog angles may include, but not limited to:
    • Preparation of challenges
    • Why did they choose to join Darlie: The Next Creator
    • What are their candid thoughts about Darlie products
  2. If any of the provisions in these Terms and Conditions are deemed invalid, illegal, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
  3. These Terms and Conditions and the instructions of the Campaign may be amended or modified from time to time. Any changes will be reflected on our official Instagram account. The Participant shall check this account from time to time.
  4. These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of the Malaysia and all the parties hereto hereby submit to the exclusive jurisdiction of the courts where Hawley&Hazel located in connection with any matters arising hereunder.
  5. If there is any dispute over Campaign or these Terms and Conditions, the Organizer shall have the final decision.

GET IN-TOUCH WITH US

If you have need any instruction and clarification, please do not hesitant to contact us through Instagram (@darliemy) or Facebook: www.facebook.com/DarlieMalaysia/

 

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