Updated as of Wednesday, 22 September, 0000hr SGT
1.1 These terms and conditions, and any other documents and policies incorporated by reference, (「Terms」) shall apply to the 「Shop and Win a Tesla, Facebook or Coca-Cola stock」promotion (the 「Promotion」) organized by Shopee Singapore Private Limited (「Shopee」) and Futu Singapore Pte. Ltd. (「Futu SG」, together with Shopee being the 「Organisers」), and shall form a contract between you and the Organisers.
1.2 Your participation in the Promotion constitutes your agreement to be bound by these Terms The offering of the Promotion to you is conditional on your acceptance of these Terms. If you do not agree to these Terms, you must not participate in the Promotion.
1.3 Shopee's other policies (including, but not limited to, the Shopee Terms of Service available here) (「Shopee Policies」) govern your use of the Shopee platform and also apply to your participation in the Promotion – to the extent of any inconsistency between the Shopee Policies and these Terms, the Shopee Policies shall prevail.
2.1 The qualifying period of the ‘Shop & Win’ campaign is from 22 September, 0000hr to 10 October 2021, 2359hr (SGT) (「Promotion Period」).
3.1 To participate in the Promotion:
(a)you need to have a Shopee account, and must register for the Promotion using the applicable link on the Promotion's website on the Shopee platform (the 「Promotion Site」) where you will need to input your Shopee username into the sign-up form; and
(b)you must not already have an existing moomoo Account with Futu SG (a 「moomoo Account」) prior to the Promotion Period – if you already have a moomoo Account prior to the Promotion Period, you are still eligible to claim the moomoo Prizes set out in Clause 3.5 below.
3.2 To earn chance(s) to win the Stocks Prizes, you will need to spend a minimum of SGD 1 on the Shopee platform during the Promotion Period, with:
(a)existing Shopee users will earn 1 chance for every SGD 1 spent on the Shopee Platform during the Promotion Period, and 2 chances for every SGD 1 spent on the Shopee Platform on 25 September 2021 and 10 October 2021; and
(b)new Shopee users who make their first ever purchase on the Shopee Platform during the Promotion Period will earn 5 chances for every SGD 1 spent on the Shopee Platform during the Promotion Period, and 10 chances for every SGD 1 spent on the Shopee Platform on 25 September 2021, and/or 10 October 2021.
3.3 The stocks prizes for the Promotion (「Stocks Prizes」) are as follows:
(a)10 winners will win 1 Tesla (TSLA) stock each;
(b)120 winners will win 1 Facebook (FB) stock each; and
(c)500 winners will win 1 Coca-Cola (KO) stock each.
3.4 Stock Prizes will be awarded on a random basis.
3.5 If you already have a moomoo Account prior to the Promotion Period, you are still eligible to be one of the first 400 Shopee users who will receive 180 days' commission-free trading cards with Futu SG (the 「moomoo Prize」, with the moomoo Prize and the Stocks Prizes being the 「Prizes」).
3.6 Winners of the Prizes will be announced via push notification on Shopee app and an email from Futu SG by 15 October 2021.
3.7 Winners of the Stocks Prizes will be required to open a Futu SG Securities Account and deposit a minimum of SGD 1,000 before being entitled to receive the Stock Prizes. Instructions on how to open a Futu SG Securities Account and claim the Stock Prizes will be shared with winners within the email from Futu SG.
3.8 Failure to claim an awarded Prize before 31 October 2021, 2359hr SGT, will make a participant's claim for a prize invalid. The Organisers reserve the rights to deal with all unclaimed Prizes in any manner they deem fit.
3.9 For the avoidance of doubt, the Promotion (and Prizes) is separate and independent from any other promotions that may be operated by the Organisers from time to time (including, but not limited to the prevailing Futu SG new users promotion, which are governed by separate terms and conditions).
4.1 By participating in the Promotion, you represent, warrant and undertake that:
(a)you are at least eighteen (18) years old and are not an employee of, or otherwise engaged by, Shopee or Futu SG or their respective affiliates;
(b)you will comply with all applicable laws when participating in the Promotion.
4.2 By participating in the Promotion, you acknowledge and agree that:
(a)the Promotion is deemed void to the extent prohibited by applicable laws;
(b)entries to the Promotion are deemed void if the Organisers determine (in their sole discretion) that such entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft;
(c)the decisions of the Organisers are final and binding with respect to all matters relating to the Promotion (including, but not limited to, selection of the winners of the Prizes;
(d)all Prizes are non-transferable and non-exchangeable for cash or any other Prizes;
(e)you grant the Organisers a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available any content that you provide in connection with the Promotion (including, but not limited to, your name, likeness and/or voice) (「Provided Materials」), and the Organisers may use your winning submission and your Provided Materials in any publicity or advertising relating to the Promotion or future promotions held by the Organisers without compensation or approval (subject to applicable law);
(f)you are solely responsible for all applicable taxes, fees and surcharges and/or foreign duties on the Prizes.
5.1 The Organisers reserve the right to (in their sole discretion): (a) amend or vary any term of the Promotion, or suspend or cancel the Promotion at any time, including, but not limited to, where for any reason the Promotion is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Organisers that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion; and (b) suspend or disqualify your participation in the Promotion at any time, including, but not limited to, where you breach any of the provisions of these Terms or the Shopee Policies or where your participation in the Promotion is deemed by the Organisers to be inappropriate, unsuitable or detrimental to the Organisers.
5.2 For the avoidance of doubt, cancellation, termination or suspension by the Organisers of the Promotion shall not entitle any party to any claim or compensation against the Organisers for any and all losses or damage suffered or incurred as a direct or indirect result of the act of cancellation, termination or suspension of the Promotion.
6.1 By participating in the Promotion, the participants (including the winner) are deemed to have consented to: (i) the collection, use and disclosure of his/her name, image, voice and/or likeness by the Organisers for editorial, advertising, promotional, marketing and/or other purposes without any payment and/or compensation except where prohibited by law; and (ii) receiving promotional, marketing and other publicity information from the Organisers from time to time.
7.1 To the maximum extent permitted by applicable law, the Promotion (and any systems used to provide the Promotion) is provided "as is" and without any warranties, claims or representations made by the Organisers of any kind either express, implied or statutory with respect to the Promotion, including without limitation warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing, the Organisers do not warrant that the Promotion (and any systems used to provide the Promotion) will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that they are free of harmful code. You acknowledge that the entire risk arising out of your participation in the Promotion (and use of any systems used to provide the Promotion) remains with you to the maximum extent permitted by applicable law.
7.2 The Organisers do not assume any responsibility or liability whatsoever for any Losses resulting from (i) any errors in communication associated with the Promotion, (ii) any problems with the Prizes; and (iii) any use of the Prizes.
7.3 The Organisers assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in the transmission; communications line failure; theft or destruction of or unauthorized access to Promotion entries or entry forms; or alteration of entries. The Organisers are not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to participants' or any other persons' computers related to or resulting from participation, submissions or notification related to this Promotion.
7.4 No content on the Promotion or it's advertisement shall be considered an offer or solicitation for the purchase or sale of securities, futures or other investment products. All information and data, if any, are for reference only and past performance should not be viewed as an indicator of future results. It is not a guarantee for future results. Investments in stocks, options, ETFs and other instruments are subject to risks, including possible loss of the amount invested. The value of investments may fluctuate and as a result, clients may lose the value of their investment. When trading in a margin account, a client may lose more than their original investment. No content on this advertisement shall be considered as an opinion or recommendation or endorsement or sponsorship. Please consult your financial adviser as to the suitability of any investment.
8.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Organisers and their respective affiliates (as well as each Organiser and its affiliates' respective officers, directors, employees, subcontractors and agents) from and against any and all Losses, whether foreseeable or not, directly resulting from any third party claims, investigations, legal or administrative action, litigation or arbitrations or demands to the extent arising out of or relating to: (a) any actual breach of any of your representations, warranties, covenants, or obligations under these Terms; and (b) any breach of any third party's rights.
8.2 To the maximum extent permitted by applicable law, under no circumstances shall the Organisers be liable to user for any losses, liabilities, damages, fines, judgments, settlements, costs, expenses, and fees (including reasonable and justified attorney's fees), including, but not limited to: (a) indirect, incidental, consequential, punitive or special damages whatsoever; or (b) loss of profits, loss of business, loss of opportunity or loss of goodwill (「Losses」), whether foreseeable or not, arising out of or related to this terms of service, regardless of the forum and regardless of whether based on breach of contract, tort (including, without limitation, negligence), misrepresentation, under statute or otherwise. Your only right with respect to any problems or dissatisfaction with the Promotion is to discontinue participation in the Promotion.
8.3 If, notwithstanding the preceding sub-clauses, the Organisers is found by a court of competent jurisdiction to be liable for any Losses, whether foreseeable or not, arising out of or related to these Terms, regardless of the forum and regardless of whether based on breach of contract, tort (including, without limitation, negligence), misrepresentation, under statute or otherwise, the Organisers' total liability to you or any third party is limited to SGD 100 (one hundred Singapore dollars).
9.1 The Organisers may revise and update these Terms at any time in its sole discretion by posting an updated version. It is your responsibility to check regularly to make note of any changes. All such changes to these Terms are effective immediately when posted and apply to your participation in the Promotion thereafter. Your continued participation in the Promotion following the posting of such revised Terms constitutes your acceptance and agreement to the changes which are binding on you.
9.2 These Terms and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Singapore.
9.3 You shall do all things necessary, including executing all documents necessary, to give effect to the intention of the parties under these Terms.
9.4 Failure by the Organisers to enforce any of their rights at any stage under these Terms does not constitute a waiver of those rights.
9.5 Any dispute, controversy, difference or claim arising under or relating to these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat of the arbitration shall be Singapore. This arbitration agreement shall be governed by Singapore law. The Tribunal shall consist of three (3) arbitrators and the language of the arbitration shall be English.
9.6 A person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce these Terms.