VOLVO CAR MALAYSIA “#VOLVOFORLIFE” (“CAMPAIGN”)
Campaign Terms and Conditions (“Campaign T&C”)
1. General
1.1 - This Campaign is promoted by Volvo Car Malaysia Sdn Bhd (Registration No. 199901007530 (482430-K)) with business address at Lot 01-13A, 13A Floor, Menara Symphony, No, 5, Jalan Professor Khoo Kay Kim, Seksyen 13, 46200 Petaling Jaya, Selangor (“Volvo Car Malaysia”).
2. Term
2.1 - The Campaign will last for [seven (7) weeks] starting [10th November] and will end on [31st December 2023] (“Term”).
3. Eligibility
3.1 - The participant must fulfil the following criteria to be eligible to take part in the Campaign:
Participant must be twenty five (25) years or older;
Participant must hold a valid and unrestricted Malaysian driver’s licence or international driver’s licence which is valid for use in Malaysia; and
Participant must not be employees of Volvo Car Malaysia, its affiliated companies, the agencies connected with the Campaign or participants who are a household or an immediate family member to any of these (defined as parents, siblings, children and spouse, regardless of where they live) or such other family member as permitted by Volvo Car Malaysia in writing.
(Participants fulfilling all criteria shall be defined as “Eligible Participant”)
3.2 - Volvo Car Malaysia reserves the right to verify that eligibility requirements are met and may require such further information or documents as it considers reasonably necessary for this purpose.
4. How to participate
4.1 - The Eligible Participant shall be required to do the following:
Follow Volvo Car Malaysia’s Instagram account (@volvocarmalaysia);
Leave a comment or multiple comments on Volvo Car Malaysia’s Instagram posts explaining what they would do with a Volvo vehicle for seven (7) days (“Comment(s)”). Multiple entries from a single account holder are allowed subject to each Comment containing a different idea; and
Tag at least one of your friends/family members in the Comment and include the contest hashtag [#VolvoForLife] in the Comment.
4.2 - The Comment must be original and must not include third-party owned material, be explicit or offensive, contain commercial content or violate any laws or regulations.
4.3 - By participating in the Campaign and submitting the Comment(s), Eligible Participant agrees to:
(a) grant Volvo Car Malaysia a non-exclusive, worldwide, royalty-free, irrevocable, and sub-licensable right to publish, communicate, and reproduce the Comment and any content created in relation to this Campaign in Volvo Car Malaysia’s social media channels (including but not limited to LinkedIn, Facebook and Instagram) during the Term and for the following 24 months from the Term without notice or compensation; and
(b) waive in favour of Volvo Car Malaysia and its sub-licensees all moral rights in the Comment and any content created in relation to this Campaign.
5. Selected Commenter
5.1 - Volvo Car Malaysia will review the Comments and select the best Comments posted by the Eligible Participants of the Campaign (“Selected Commenter”). Elements such as the creativity and relevance to the purpose of this Campaign will be considered in the selection of Best Comments.
5.2 - Volvo Car Malaysia will choose a total of [4 Best Comments, bi-weekly].
Selected Commenter 1: Post from Friday 10th November 2023 to Thursday 23rd November 2023.
Selected Commenter 2: Post from Friday 24th November 2023 to Thursday 7th December 2023.
Selected Commenter 3: Post from Friday 8th December 2023 to Thursday 21st December 2023.
Selected Commenter 4: Post from Friday 22nd December 2023 to 4th January 2024.
5.3 - The Selected Commenter will be entitled to participate in the Volvo Vehicle Loan based on the terms and conditions as stated in Clause 7 of the Campaign T&C. Any Eligible Participant can only participate in the Volvo Vehicle Loan once (in that, in the event that an Eligible Participant is selected as a “Selected Commentor” more than once in more than one of the best Comments are from the same Eligible Participant), Volvo Car Malaysia reserves the right to forfeit the Volvo Vehicle Loan, if already granted to that Eligible Participant and award it to an alternate Eligible Participant as decided by Volvo Car Malaysia.
5.4 - In the event that the Selected Commenter does not fulfil the eligibility criteria in accordance with Clause 3.1 of the Campaign T&C, Volvo Car Malaysia reserves the right to forfeit the Volvo Vehicle Loan, if already granted to that Eligible Participant, and award it to an alternate Eligible Participant as decided by Volvo Car Malaysia.
6. Communication of the Selected Commenter
6.1 - Volvo Car Malaysia will reach out to the Selected Commenter on the following days: [24th November 2023, 8th December 2023, and 5th January 2024].
6.2 - The Selected Commenter will be contacted via Instagram direct message. The Selected Commenter will have to provide his/her contact information (full name and phone number) so Volvo Car Malaysia can arrange the collection of the Volvo vehicle (“Volvo Vehicle”). The Selected Commenter will have seven (7) days to provide Volvo Car Malaysia with the required contact information. Otherwise, Volvo Car Malaysia reserves the right to forfeit the Volvo Vehicle Loan and award it to an alternate Selected Commenter.
7. Loan of a Volvo Vehicle for seven (7) days.
7.1 - The Selected Commenter shall be provided with a seven (7) days loan of a Volvo vehicle of Volvo Car Malaysia’s choice (“Volvo Vehicle Loan”) subject to the following criteria met:
Selected Commenter shall be required to visit Volvo Car Malaysia or any other location as determined by Volvo Car Malaysia within [7] days from the date of Volvo Car Malaysia contacting the Eligible Participants with the Best Comment;
Selected Commenter shall be required to sign a Vehicle Loan Agreement for the Volvo Vehicle Loan within [7] days from the date of Volvo Car Malaysia contacting the Selected Commenter; and
Selected Commenter shall be required to submit at least five (5) types of content (photos/videos/user-generated content) featuring the Volvo Vehicle to MYSOME@volvocars.com within [10] days from returning the Volvo Vehicle to Volvo Car Malaysia.
7.2 - In the event that the Selected Commenter is not able to fulfil the criteria within the deadlines as provided in Clause 7.1 of the Campaign T&C, Volvo Car Malaysia reserves the right to forfeit the Volvo Vehicle Loan, if already granted to that Eligible Participant, and provide it to an alternate Eligible Participant.
7.3 - The Volvo Vehicle Loan is not transferable and cannot be exchanged for cash.
7.4 - By participating in this Campaign, all contents in relation to the Campaign produced and submitted by the participants to Volvo Car Malaysia shall be the property of Volvo Car Malaysia.
8. Data Protection
8.1 - Volvo Car Malaysia will only use participants’ information to administer the Campaign. Volvo Car Malaysia will observe and comply with the provisions of the Personal Data Protection Act 2010 and/or any regulations, rules, standards, or directions (including all the amendments made to the same from time to time) passed thereunder when it is processing the participants’ personal data.
8.2 - By participating in this Campaign, participants acknowledge and consented to Volvo Car Malaysia collecting and processing their information. Volvo Car Malaysia’s Personal Data Protection Notice and Consent is available here [https://www.volvocars.com/my/l/pdpa-eng/].
9. Limitations of Liability
9.1 - Except for any liability that cannot by law be excluded, Volvo Car Malaysia (including its respective officers, employees, and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Campaign.
9.2 - Except for any liability that cannot by law be excluded, Volvo Car Malaysia (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of: (a) All contents in relation to the Campaign (including Comments) (b) any technical difficulties or equipment malfunction (whether or not under the Volvo Car Malaysia’s control) (c) any theft, unauthorised access or third party interference (d) any Volvo Vehicle Loan claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Volvo Car Malaysia) due to any reason beyond the reasonable control of Volvo Car Malaysia (e) any variation in Volvo Vehicle Loan value to that stated in these Campaign T&C (f) any tax liability incurred by a Selected Commenter or (g) use of Volvo Vehicle Loan.
10. Miscellaneous
10.1 - The Eligible Participant warrants all information provided by the Eligible Participant to Volvo Car Malaysia in relation to this Campaign is true and accurate.
10.2 - Volvo Car Malaysia reserves the right to disqualify any participant from this Campaign if it has reason to believe that the Campaign T&C is not being observed.
10.3 - If any provision of the Campaign T&C is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
10.4 - The Campaign T&C, and all issues arising out of it shall be governed in accordance with the laws of Malaysia and are subject to the exclusive jurisdiction of the courts of the said territory.
10.5 - By participating in this Campaign, all participants (including all Eligible Participants and Selected Commenter) acknowledge and agree to be bound by the Campaign T&C.