TERMS & CONDITIONS

1. ‘November uThrone’ Instagram and Facebook raffle (the “Contest”) is organised by OSIM International Pte Ltd (“OSIM” or the “Organiser”).

2. Agreement to Terms. By posting an Instagram comment or Facebook comment as a submission (the “Submission”) to the Contest, each participant agrees to be bound by these Terms and Conditions, including consent to OSIM’s collection of your personal data for the purposes of conducting the Contest and agree that OSIM may, for this purpose, collect, use and/or disclose your personal data in accordance with these Terms and Conditions and OSIM's Privacy Policy at, https://intl.osim.com/pages/privacy-policy. All rules and regulations and instructions issued by OSIM from time to time will be deemed incorporated in these Terms and Conditions. OSIM reserves the right to amend the Terms and Conditions of the Contest, at any time, without prior notice.

3. Eligibility:

a. Citizens and permanent residents aged 18 and above and residing in Germany are eligible to participate in the Contest and eligible to win.
 
b. No purchase of any product or service is required.
 
c. Content Creators or Influencers engaged by OSIM, and all OSIM staff, permanent or temporary, are not qualified to participate in the Contest 

4. How to Join:
a. Participants must fulfil the following steps to be eligible to participate in the Contest from 16 November to 30 November 2022:
  • Like and share the Contest’s official post on Instagram or Facebook.
  • Follow OSIM’s Instagram account (@osim.intl) or Facebook (@osim.intl).
  • Leave a comment on why you want to win a uThrone on the Contest’s official post on Instagram or Facebook.
  • Each participant is allowed to submit one (1) entry during the Contest Period.
b. All Instagram and Facebook profiles must be publicly viewable.

c. The Contest will run from 16 November 0000hrs (GMT+1) to 30 November 2022 at 2359hrs (GMT+1). The winner will be shortlisted and informed by 7 December 2022 2359hrs (GMT+1).

d. One (1) winner for the Contest will be selected from either Instagram or Facebook.

e. The prize is an OSIM uThrone Gaming Massage Chair worth €1.599,00.

f. All Submissions submitted after the specified date or submitted through any other means other than as specified above will not be eligible for the Contest. Any correspondence on missing and/or delayed submissions shall not be entertained.

g. Submissions that are found to be duplicates of an individual’s and/or another person's submission will be disqualified at the discretion of OSIM.

h. The Submission must not have previously won or been submitted for any professional awards/prizes and/or used previously in any marketing or advertising campaigns. Any discrepancy in participant’s particulars may lead to disqualification at the sole discretion of the Organiser.

i. Only one (1) Entry per participant will be considered, even if multiple entries are submitted by the same participant.

5. Contest and Prizes:

a. A total of 1 winner will be shortlisted based on the following criteria:
100%: Creativity judged by OSIM organising team
 
b. The shortlisted winner will be contacted by the Organiser via their Instagram and Facebook page and provided with an email address (the Email) that they need to send their contact details to for verification and prize collection purposes. The shortlisted winner must respond within the time frame stated in the message.
 
c. If the shortlisted winner does not respond in time or provide incomplete information as required for verification and prize collection purposes, OSIM reserves the right to forfeit the prize and contact the next shortlisted winner.
 
d. The Organiser, upon receiving the required information, may verify that the shortlisted winner fulfils the criteria set forth in Section 3: Eligibility. The Organiser reserves the right to disqualify the shortlisted winner if the criteria of eligibility cannot be proven beyond doubt. This includes participants who submitted invalid or incorrect information. 
 
e. Upon confirmation of eligibility, the Organiser will inform the winner on the details of prize collection. The shortlisted winner must respond within the time frame stated in the message and confirm the intent to receive the prize.
 
f. All prizes are non-transferable and non-exchangeable for cash or other items and may be subject to availability. OSIM reserves the right to replace any prize with items of similar value without prior notice.

g. The shortlisted winner will be notified when their prize has been shipped out. OSIM is unable to accede to other means or requests for collection. 
 
h. In the event that a winning participant is disqualified, OSIM may, at its own discretion, select another winner.
 
i. OSIM reserves the right to alter or terminate the Contest at its own discretion.

6. Use of Personal Data:
 
a. By participating in this Contest, you consent to OSIM’s collection of your personal data (“Your Information”) for the purposes of conducting the Contest and agree that OSIM may, for this purpose, collect, use and/or disclose your personal data in accordance with these Terms and Conditions and OSIM’s Privacy Policy at, https://intl.osim.com/pages/privacy-policy.
 
b. You are solely responsible for the personal data that you provide or disseminate, notwithstanding that the dissemination is via third-party platforms managed by OSIM, including but not limited to OSIM’s Instagram Page, OSIM’s Facebook Page and your personal data may also be subject to the personal data policies of such third-party platforms.
 
c. With respect to Your Information, you warrant and represent to OSIM that any information provided by you which will include your personal data (or any materials contained therein): (i) shall not be false, inaccurate, or misleading; (ii) shall not be fraudulent, inaccurate, incorrect, or untrue; (iii) shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (iv) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (v) shall not be defamatory, libellous, offensive, unlawfully threatening, or unlawfully harassing; (vi) shall not be obscene or contain child pornography or anything adult in nature or harmful to minors; (vii) shall not contain any viruses, Trojan horses, worms, time bombs, cancellous, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (viii) shall not create liability for OSIM or cause OSIM to lose (in whole or in part) the services of OSIM’s ISPs or other suppliers; (ix) shall not contain materials that are religious and political. Furthermore, you may not submit any information (including your personal data) on the OSIM Website, OSIM’s Instagram Page, or OSIM’s Facebook Page that could cause OSIM to violate any applicable law, statute, ordinance, or regulation.
 
d. You hereby grant OSIM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information and materials submitted by you in your Submission for the Contest, in any media now known or not currently known.
 
e. You shall not assume a false identity or the identity of any other party or transmit libellous, harassing, vulgar, or otherwise objectionable messages; or post materials subject to copyright or other intellectual property rights claimed by any third party.

7. Coverage:

a. Each participant, in participating in the Contest: (i) agrees to take part in any and all marketing, promotional, publicity exercises with respect to the Contest; (ii) agrees for OSIM to use his/her name, voice, photograph, likeness or other personal identifiable information in any media for the promotion and publicity of this Contest and/or OSIM products; and (iii) grants to OSIM all consents and waivers necessary hereunder, including in respect of any promotional photographs and/or audio/ video recordings taken in respect of the Contest.

b. Each participant agrees that OSIM shall be at liberty to publish, promote, copy, reproduce, transmit, display, edit, adapt, modify, create derivative works of and/or otherwise distribute or use his/her particulars (including any publicly available Instagram and Facebook profile photo and details) and/or the submissions (or any part thereof): (i) in connection with the Contest and/or OSIM products; (ii) for the promotion and publicity of OSIM events and/or OSIM products; (iii) in any manner, format or media whether now known or hereinafter created, and in any part of the world, including without limitation on online platforms such as TikTok, Facebook, Instagram, Twitter, and YouTube; (iv) at OSIM's sole and absolute discretion; and (v) royalty-free and without any obligation of attribution or consent.

c. For the avoidance of doubt, OSIM expressly reserves the right to adapt, edit and/or modify each submission to include any logo, branding, name, mark, product image in respect of any submissions or such derivative work thereof, for any promotional or marketing purposes of OSIM branding and/or products.

8. Liabilities:

a. The verification email (the “Email”) is available on an “as is where is” basis.
 
b. OSIM does not warrant that the Email will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information, or other materials available. OSIM shall not be responsible for the availability or content of other services that may be linked to the Email.
 
c. OSIM does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the Email or any information or goods that are available or advertised or sold through the Email.
 
d. OSIM does not make any representations, nor does OSIM endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement or other material or database displayed, uploaded, distributed, or available through links in the Email.
 
e. OSIM, its employees, subsidiaries, affiliates, associates, and related corporations make no warranty and hereby disclaim all and any warranty, express or implied (to the extent permitted by law) (i) in respect of the use, security, accuracy, reliability, timeliness, non-infringement, satisfactory quality; (ii) in respect of harm arising from downloading or accessing any information or material through OSIM’s official website (the “Site”), OSIM’s Instagram Page, or OSIM’s Facebook Page, including without limitation, harm caused by viruses or similar contamination or destructive features, whether or not known; (iii) that the content and any functions associated therewith will be uninterrupted or error-free or that the Site, OSIM’s Instagram Page, or OSIM’s Facebook Page and its server will be free of all viruses and/or other harmful elements.
 
f. In no event shall OSIM, its employees, subsidiaries, affiliates, associates, and related corporations be liable to you and/or to any party for any damages, expenses, claims, costs or losses of any kind, including without limitation, incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, (other than for death or personal injury resulting directly from your use of the Email caused in whole by OSIM’s negligence) arising out of any legal claim (whether in contract, tort, or otherwise), your use of or inability to use the Email, the content of the hyperlinks, including but without limitations, special, incidental, indirect, or consequential damages. Any claim against OSIM shall be limited to the amount you paid, if any, for use of the Email.
 
g. OSIM is not responsible for any safe custody, return, non-delivery, late, misdirected, problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure encountered during the avatar creation process on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to the participant’s or any other person's computer or mobile telephone related to or resulting from your participation in the Contest.
 
h. OSIM cannot accept any responsibility for any damage, loss, injury, or disappointment suffered by any participant for their involvement in the Contest and/or accepting any prize(s).
 
i. By participating in the Contest and/or accepting the prize(s), each participant agrees that no claim relating to such losses or injuries (including special, indirect, and consequential losses) shall be asserted against OSIM, its affiliates, directors, officers, employees, or partners from any and all losses, damages, rights, claims, and actions of any kind resulting in relation to the Email and/or acceptance of any prize(s), including without limitation, personal injuries, death, and property damage.
 
j. Except where expressly provided herein, each participant shall bear his/her own costs and expenses incurred and/or arising from his/her participation in the Contest, and no reimbursement may be sought from OSIM.
 
k. Each participant shall not, without the prior written approval of OSIM, speak to the press or any other media, or give any interviews or comments relating to the Contest and/or OSIM.
 
l. You agree to defend and hold OSIM, its affiliates, and related corporations from and against all claims, losses, damages, costs, and expenses, including legal fees on an indemnity basis, arising out of your use of the Site, OSIM’s Instagram Page, or OSIM’s Facebook Page or any breach of these Terms and Conditions. In addition, OSIM may use whatever Information that is available about you to stop any such breach or any unlawful or inappropriate use of the Email and/or the Contest, including informing any third-party OSIM deems appropriate of such breach or use and/or disclosing Your Information to such third-party.

9. Severability. If any of these Terms and Conditions is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by OSIM with respect to any breach by you or others of any of the provisions of these Terms and Conditions does not waive OSIM’s right to act with respect to subsequent or similar breaches.

10. Notice:

a. The decision of OSIM on all matters pertaining to the Contest (including any dispute arising from the Email or interpretation of these Terms and Conditions) shall be final and binding on all parties. No correspondence or further claims shall be entertained.
 
b. You hereby agree and acknowledge: (i) that all electronic communications made pursuant to the use of the Email and/or participation in the Contest shall be given legal effect, validity, and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document; (ii) not to contest the legally binding nature, validity, or enforceability of any transaction on the Email on the ground that it was entered into electronically.

11. Governing Laws. These Terms and Conditions shall be governed and construed in accordance with the laws of Singapore, and you acknowledge and agree that by using any of the Services herein or the Site, OSIM’s Instagram Page, or OSIM’s Facebook Page you irrevocably submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.