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These Terms and Conditions govern the Competition. All other information provided prior to entering the Competition, including any instructions on how to enter the Competition, form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid.

Disclaimer: this Competition is not affiliated with, sponsored by or administered by Instagram.

HOW TO ENTER

1. To enter individuals MUST;

a)      Enter via Instagram by following Milksha on Instagram and uploading a photo of their best ‘Milksha Moment’ (must include a Milksha drink in the photo), hashtag #milkshamoment, and checking in the located Milksha stores. (“Add In” store location).

b)     Profiles must also be made public in order for entries to be judged.

c)      Multiple entries are accepted when showcasing different ‘Milksha Moment’ photos.

d)     The Competition commences at 10am CST on Friday 13 March 2020 and closes at 11pm CST on Tuesday 31 March 2020. (the “Competition Period”).

e)      Submitted photos must be original, created and/or taken by the entrants. It must not contain any materials owned or controlled by a third party for which the contestant has not obtained a license, must not infringe the copyright, trademark, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity.

f)       Milksha respects the entrants’ copyrights and copyrights shall remain vested with the creator of the image. Upon making the submission, the entrants grant Milksha and Milkshop International, worldwide, non-exclusive, royalty free, sub-licensable right and license to use, publish, reproduce, display, perform, adapt, create derivative works, distribute, have distributed, print, in whole or in part, in any form, in all media forms now or hereafter known, to promote the contest.

WHO CAN ENTER

1. Entry is only open to residents of Canada, Hong Kong, Macau, and Singapore who are  twenty years (20)  or older. If the entrant is under 20, who will need their guardian’s approval to enroll the contest. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this Competition are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
2. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete or indecipherable entries will be deemed invalid.
3. The Entrant acknowledges and agrees that his or her Entry will not be obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encouraging of conduct that would be considered a criminal offence, gives rise to civil liability, or violate any law.
4. The Entrant confirms and warrants that they have full power and authority to enter into this agreement and hereby indemnifies the Promoter from and against any and all costs and damages incurred as a result of any breach of these Terms and Conditions.

HOW TO WIN

1. The Competition commences at 10am CST on Friday 13 March 2020 and closes at 11pm CST on Tuesday 31 March 2020. (the “Competition Period”).
2. At the conclusion of the Competition Period, four (4) entries will be selected as Major Prize winners of the Competition by a panel appointed by the Promoter (the “Winner”), at the Promoter’s sole discretion.
3. The Winners shall be determined on behalf of by Milkshop International on Friday 10 April. The decision is final and binding upon all entrants and no correspondence will be entered into. Entrants who are not winners will not receive any notification at all. The Winners shall be notified via Instagram direct message.

THE PRIZE

1. The prize winners (4) will receive the following:

1 Nintendo Switch Light and 1 game card (console color and game card can not be selected)

10.The total retail value of the prize is approximately USD $256.

11.The Prize must be taken as stated and is not transferable or exchangeable for other goods and services and cannot be redeemed for cash.

12.If Winner/s are not contactable or the Prize is not claimed by the Winner/s prior to Sunday 19 April, 2020 the Prize will be forfeited and will be awarded to an alternate winner (Up to one alternative) . The Promoter reserves the right to reselect an alternative Winner as necessary to distribute the Prize/s subject to any directions given by the relevant authority.

13.Prizes cannot be delivered and must be picked up in Milksha stores at Hong Kong, Macau, Singapore, and Vancouver where the entrants are located.

RELEASE FOR PROMOTIONAL ACTIVITIES

14.The Winners agrees to participate in any promotional activities associated with the Prize such as public appearances, photo opportunities or media interviews, as might be required by the Promoter. The Winners agrees to the Promoter using the Winner’s likeness and image for any purpose related to the Prize and Competition.

EXCLUSION OF LIABILITY

15.If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

16.Any cost associated with accessing Instagram and mobile applications is the Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

17.Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, licensees, 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 competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim or offer that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a entrant; or (f) use of a Prize.

18.The Promoter and it’s associated licensees, and agencies shall not be liable in any way if the performance of obligations hereunder is delayed or becomes impossible by reason of any Act of God, war, fire, earthquake, strike, sickness, accident, civil commotion or any other cause.

Privacy Policy and Consent

19.The Promoter only collects the personal details submitted/opted into at competition entry. If your entry is selected as a winning entry, you will be contacted by through the submitted contact details for the purposes of distributing your prize to you.

PROMOTERS DETAILS

20.The Promoter is Milkshop International located at 7F.-8, No. 271, Sec. 4, Ximen Rd., North Dist., Tainan City 704, Taiwan (R.O.C.)

21.These Terms and Conditions shall be governed by the law of Taiwan (R.O.C.)