1. This giveaway (the “Giveaway”) is organised by DH (Myanmar) Co., Ltd. (“foodpanda”) and Era Myanmar Limited who are acting on behalf of Samsung (“Samsung”). This Giveaway is made available for users in the Republic of the Union of Myanmar (“Myanmar”) only.
2. This Giveaway is available from 10 Oct 2023, 0000 hrs to 23 Oct 2023, 359 hrs (“Qualifying Period”).
3. 3 qualified participants stand a chance to win a Samsung Galaxy A05 model phone (the “Prize”) each and will be notified by 23rd Nov 2023 via the winners’ registered foodpanda emails or phone number.
4. By clicking Submit, you agree that Samsung will be contacting you for a giveaway announcement.
6. To qualify as a participant for the Giveaway, you agree to:
a. own a registered foodpanda account during the Qualifying Period of the Giveaway;
b. have placed an order with foodpanda during the Qualifying Period of the Giveaway;
c. consent to share with Samsung your name, email address and mobile phone numbers (or any other applicable Personal Data) as listed on foodpanda account; and
e. consent to be contacted by Samsung for marketing purposes.
7. foodpanda may at its sole and absolute discretion:
a. amend this Terms & Conditions;
b. forfeit, disqualify or refuse to allow any user to participate in the Giveaway without having to provide any reasons or justifications; and
c. modify, withdraw or discontinue, temporarily or permanently, the Giveaway or any part thereof at any time without prior notice.
8. Any decision made by foodpanda in relation to the Giveaway shall be final, conclusive, and binding and any request for any appeal reviews shall not be entertained.
9. foodpanda and Samsung will not take any responsibility in the case of any event that may prevent the user from participating in the Giveaway of any component thereof, as a result of certain technical restrictions or other limitations or force majeure, which include but is not limited to regulatory events, government directive, government intervention, pandemic, movement control order, and acts of God, etc.
10. foodpanda and Samsung shall not be responsible or liable for any claims of loss or damage including loss of business, revenue or profits, or any indirect or consequential loss whatsoever, arising out of or in connection with your participation in the Giveaway.
11. foodpanda is an introducer and not a distributor of Samsung products. foodpanda cannot give any advice or provide any recommendation on any Samsung products, other than to the extent of carrying out introducing activities.
12. Any collection, use and disclosure of a user’s personal data will be in accordance with foodpanda’s data and privacy policies. You may contact foodpanda on how you may access your personal data or withdraw consent to the collection, use or disclosure of your personal data.
13. By submitting this form, you agree and consent to (i) be bound by all the terms and conditions set out herein (“Terms & Conditions”), (ii) your contact details and personal data being processed by foodpanda and Samsung for the Giveaway, (iii) Samsung and its related corporations, respective representatives, agents, third party service providers, contractors and/or appointed distribution/business partners (collectively referred to as “Samsung and its authorised representatives”) to collect, use, disclose and/or process your personal data for the purpose of contacting you about products and services distributed, marketed or introduced by Samsung and its authorised representatives through marketing activities via all channels including but not limited to SMS, social media, in-app push notification, phone calls and perusing your contact details which Samsung and its authorised representatives has in its records from time to time.
14. You hereby understand and agree that your given consent herein does not supersede or replace any other consents which you may have previously given to Prudential and its authorised representatives in respect of your personal data and is without prejudice to any legal rights available to Samsung and its authorised representatives to collect and use.
15. If you provide personal data of any third party, you hereby:
a. agree on behalf of that third party to be bound by the Terms and Conditions contained herein; and
b. warrant that you have validly obtained the consent of that third party, to the collection, use, disclosure and processing of his/her personal data in accordance with the Terms and Conditions contained herein.
16. Samsung and foodpanda shall not be liable for any third party’s misuse of a participant’s submitted contact details and personal data as a result of the participant taking part in the Giveaway.
17. By participating in the Giveaway, you agree and undertake to, at all times, indemnify, keep indemnified, and hold Samsung and foodpanda, its employees and agents harmless against all losses (including direct, indirect, incidental and/or consequential losses), damages (including general, special, and/or punitive damages), demands, injuries (other than personal injury caused by Prudential’s negligence), claims, costs, penalties, interest and fees (including all legal fees as between solicitor and client or otherwise on a full indemnity basis whether or not incurred in respect of any real, anticipated, or threatened legal proceedings), howsoever caused by, arising or resulting from, whether directly or indirectly, your participation in the Giveaway and/or any breach or purported breach of these Terms & Conditions and/or any applicable law.
18. In the event of any inconsistency or discrepancy between the Terms & Conditions and the contents of any brochure, marketing and/or promotional materials relating to the Giveaway, these Terms & Conditions shall prevail.
19. Any trademarks, graphic symbols, logos or intellectual property contained in any materials used in connection with this Giveaway are the property of their respective owners.
20. Failure by Samsung and foodpanda to exercise any of its right or remedy under these Terms & Conditions does not constitute a waiver of that right or remedy.
21. The Terms & Conditions shall be governed by Myanmarlaw and all participants agree to submit to the exclusive jurisdiction of the courts of Myanmar.
22. A person who is not a party to any agreement governed by these Terms & Conditions shall have no right under the Contract Act 1872 to enforce any of these Terms & Conditions.
23. Employees of foodpanda are ineligible to participate in this Giveaway.