TERMS & CONDITIONS
These Terms and Conditions (“Terms“, “Terms and Conditions“) govern your relationship with www.themusicrun.com website (the “Service“) operated by Fresh Events International Limited (“us“, “we“, “our“, or “Fresh Events”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
AVAILABILITY, ERRORS & INACCURACIES
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
The Service and its original content, features and functionality are and will remain the exclusive property of Fresh Events. The Service is protected by copyright, trademark, and other laws of both England and Wales and foreign countries. Our trademarks and trade-dress may not be used in connection with any product or service without the prior written consent of Fresh Events.
By submitting, posting or displaying any content, pictures, videos and other materials on the Service, including via third party platform such as Facebook, Twitter, YouTube, Instagram, Spotify, and Google+, you grant to us a worldwide, non-exclusive, royalty-free perpetual and irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content, pictures, videos and/or other materials in any and all media, advertising, marketing or other distribution methods whether now known or later developed. You agree to waive all right to any future compensation to which you may otherwise be entitled as a result of any use of these.
LINKS TO OTHER WEBSITES
Our Service may contain links to third party websites or services that are not owned or controlled by Fresh Events.
Fresh Events has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Fresh Events shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
LIMITATION OF LIABILITY
In no event shall Fresh Events, nor its directors, employees, partners, licensees, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fresh Events, its directors, employees, partners, licensees, agents, suppliers, and its affiliates do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without any notice requirement or obligation to you.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
TICKET REFUND POLICY
The Music Run and / or the Parties do not offer refunds of Event entry fee(s) for successful Events. If the Event is postponed, you will automatically be registered for the new date. You will be emailed with the Event details. If the Event is cancelled for reasons beyond the reasonable control of the Parties, a Force Majeure Event, you will not be entitled to a refund of your Event entry fee or any part thereof. Notwithstanding the foregoing, the Event organiser may issue, at its sole discretion, a partial or full refund of your Event entry fee, by accounting for, among other considerations, the extent and nature of the cancellation. In all instances of a Force Majeure Event, the maximum remedy you may receive for any cancellation of any part of the Event, if any, will be a refund of the Event entry fee after the deduction of all reasonable costs and expenses already incurred by the Event organiser in preparation for the Event and / or in connection with the purchase and refund of the Event entry. A Force Majeure Event means any circumstance not within a Party’s reasonable control including, without limitation: (a) acts of God, flood, drought, air pollution (haze), earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; (f) collapse of buildings, fire, explosion or accident; (g) any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party); and (h) interruption or failure of utility service. In case the Event is cancelled for any other eventuality, the Event organiser may issue, at its sole discretion, a partial or full refund of your Event entry fee, by accounting for, among other considerations, the extent and nature of the cancellation. In all instances of Event cancellation, the maximum remedy you may receive for any cancellation of any part of the Event will be a refund of the Event entry fee after the deduction of all reasonable costs and expenses already incurred by the Event organiser in preparation for the Event and / or in connection with the purchase and refund of the Event entry.
If you have any questions about these Terms, please contact us: [email protected]
EFFECTIVE DATE: 4 June 2019
The Music Run by CIMB: Free T-Shirt Offer with Ticket Purchase
- Offer valid from 18 September 2019 to 11:59pm on 14 November 2019.
- Offer is exclusively run by Official Ambassadors of The Music Run by CIMB (“the Event”) via their own Social Media channels.
- The Free T-Shirt Offer is only valid with the purchase of any race category ticket to the Event.
- Customers are required to enter the unique ‘Promo Code’ shared by Official Ambassadors into the Official Registration Portal of The Music Run by CIMB.
- Offer is only valid for one-time usage only per customer during the Offer Period.
- This Offer is open to all participants of The Music Run by CIMB 2019 who are 18 years of age and above as at the commencement of the Offer Period.
- This Offer is not redeemable or exchangeable for cash.
- This Offer is not valid with other on-going promotion or deliveries.
- Limited Free T-Shirts are available, while stocks last.
- The Organiser of the Event reserves the right to change these Terms and Conditions or cancel the Offer at its sole discretion.
- The Organiser is not responsible for the content, language and wording used by Official Ambassadors to promote the Offer on their own Social Media Channels, and takes no responsibility for the accuracy of the same to communicate the Offer.
The Music Run by CIMB Eco-Warrior Competition Terms & Conditions
CIMB Bank Berhad’s Terms and Conditions Governing CIMB Eco Warriors Contest at The Music Run by CIMB 2019
- The CIMB Eco Warriors Contest (“Contest”) is organized by CIMB Bank Berhad (“CIMB”). The Contest will take place from 15th November 2019 to 23rd November 2019, both dates inclusive (“Contest Period”).
This Contest is open to all participants of The Music Run by CIMB 2019 who are 18 years of age and above as at the commencement of the Contest Period (“Eligible Participants”).
The Eligible Participants must not be: –
a) Representatives and/or agents of CIMB Bank Berhad and their immediate family members (i.e. spouses, children, parents, brothers and sisters), including advertising & promotion agents and vendors who are directly involved with this Contest; and/or
b) Individuals below the age of 18 years.
Step 1 – Run Pack Collection day
- Eligible Participants who deposit e-waste1 and/or old clothes2 during any of the Run Pack Collection dates between the 15th November 2019 to 17th November 2019 (“Collection Dates”) must scan the barcode of their bib to record deposit entry.
- At the end of the Collection Dates, three (3) Contest Finalists will be randomly selected by the system and announced on The Music Run Facebook page (www.facebook.com/TheMusicRunMY/) on 22nd November 2019.
- The Contest Finalist will be contacted by CIMB or The Music Run via email and/or phone call on a best effort basis at the latest telephone number(s) furnished by the Contest Finalist. It is essentially the obligation of the Eligible Participants to provide their latest, valid and accurate mobile numbers and neither CIMB nor The Music Run shall be responsible in the event the Contest Finalist cannot be reached for any reasons whatsoever.
Step 2 – The Music Run by CIMB 2019 (“Race Day”)
- The three (3) Contest Finalist must bring their National Registration Identity Card (“NRIC”) the CIMB Booth located in the Music Village on the Race Day. If a Contest Finalist does not register at the CIMB Booth by 7pm, the Contest Finalist shall be disqualified and CIMB reserves the right to select the next shortlisted finalist.
- The Contest Finalist will be required to participate in The Great Sprint3 challenge to win the Prizes listed below.
Types of e-waste accepted: Desktop CPU, Laptop, LCD Monitor, CRT Monitor, Printer, Power supply with and without cable, CD-ROM, HDD 3.5”, HDD 2.5”, Keyboard, Mouse, Small appliances (mixed), Smart Phone (complete), Mobile Phone (complete), Camera, Powerbank,
Types of clothing accepted: Clothes, Handbags, Belts, Linen and soft toys
The Great Sprint challenge is an on the ground activity. The Contest Finalist will be required to sprint for 20 meters and compete against the avatar on the LED screen.
a) Please wash your clothes prior to depositing to ensure that items are delivered in the best possible condition.
b) Please do not deposit ripped, stained or unclean clothes, bags, belt, linen or soft toys that are no longer intact.
1. The Prizes as mentioned above shall be subject to the following terms and conditions:
i) Adidas Alphaboost Parley Shoes – 1 Pair Each
ii) CIMB VIP Viewing Deck Access – 3 Access Tag Each
(the prizes stated above are hereinafter collectively referred to as the “Prize(s)”)
2. The Prizes as mentioned above shall be subject to the following terms and conditions:
i) Prizes are neither transferable nor exchangeable for cash or credit; and
ii) Prizes may carry their own terms and conditions and these terms and conditions shall be applicable in addition to the terms and conditions contained herein.
3. For the Adidas Alphaboost Parley Shoes, Contest Finalist will receive a letter on the Race Day to claim the shoes of their preferred size within the period and Adidas store specified in the letter.
4. In the event the Contest Finalist fails to perform its obligation as provided in clause 3 above latest by 23rd of December 2019 CIMB shall not be responsible for any unclaimed Prize and any appeal shall not be entertained.
5. No payment or compensation whether in cash, credit, other goods and services or in kind shall be made by CIMB for any uncollected, lost, misplaced, defaced, stolen or damaged Prize.
6. Prizes won in this Contest are not applicable with other CIMB offers, promotions or prizes/ rewards.
7. Eligible Participants also hereby give his or her consent to and authorize CIMB to disclose or publish his or her name, NRIC number (in masked form) or photos in media, marketing or advertising materials for purposes of the Contest.
General Terms and Conditions
8. Eligible Participants shall be responsible for ensuring the accuracy of the details provided to CIMB and/or CIMB’s service provider. Eligible Participants acknowledge that CIMB shall not be held liable for any losses or damages suffered by any Eligible Participant in the course of this Contest whether arising from the provision of inaccurate details to CIMB or otherwise.
9. By participating in this Contest, Eligible Participants: –
a) agree to have read, understood and to be bound by the Terms and Conditions of this Contest;
b) agree that CIMB’s decision on all matters relating to the Contest shall be final, conclusive and binding on the Eligible Participants and no further correspondence and/or appeal to dispute CIMB’s decision shall be entertained;
c) consent to CIMB and the third party service provider assigned by CIMB processing and disclosing their personal data in accordance with the CIMB Group Privacy Notice which can be found at http://www.cimb.com/en/policy.html;
d) authorizes CIMB to disclose their personal data and their authorised representatives’ personal data to its service providers, for the purpose of running and/or fulfilling this Contest.
11. CIMB reserves the right upon giving adequate notice to vary (whether by addition, deletion, modification, amendment or otherwise howsoever) (“Amendment”) any of the terms and conditions herein. Any Amendment to the provisions herein shall be binding on the Eligible Participant and CIMB shall be deemed to have notified Eligible Participants of the Amendment by its display at The Music Run by CIMB’s website (www.themusicrun.com.my) or by any other means of notification which CIMB may select and the Amendment shall be deemed binding on the Eligible Participant as from the date of notification of the Amendment or from such other date as may be specified by CIMB in the notification.
12. Under no circumstances shall CIMB be liable for any indirect, incidental, consequential, exemplary or punitive loss and/or damage incurred by any party nor shall CIMB be liable for any special damages arising whether in contract, tort, negligence or otherwise, in connection with the Contest and/or the Prize(s).
13. By participating in the Contest, Eligible Participants hereby agree and irrevocably and unconditionally undertake to fully absolve CIMB of all liabilities and agree to indemnify CIMB (on full indemnity basis) and hold CIMB harmless against any claim by any third party and against any loss, damage, cost or expense (including solicitor’s fees and cost) that CIMB may suffer or incur as a result of or in connection with the Contest and/or the Prize(s).
14. CIMB reserves the right to disqualify any of the Eligible Participants for any reason whatsoever as CIMB may in its absolute discretion deem fit to participate in the Contest and/or be entitled to the Prize and/or to forfeit the Prize in the event of non-compliance to the terms and conditions herein.
15. CIMB shall not be responsible for any tax implications that may arise from the Prizes or the use thereof. Any tax filing obligation or any tax payment imposed by any authority as a result of receipt or usage of the Prizes shall remain the sole responsibility of the winners of this Contest. It is the responsibility of each Eligible Participant to seek independent advice on the possible tax implications under this Contest.
16. These terms are governed by the laws of Malaysia and the Eligible Participants submit to the exclusive jurisdiction of the courts of Malaysia in resolving any disputes arising from or in connection with these terms.
17. These terms and conditions shall prevail over any inconsistent terms or representations contained in any promotional materials advertising this Contest.
18. Eligible Participants may direct all Contest-related feedback to The Music Run via the email address: [email protected]