Terms and Conditions Governing “#SCSM2018App” Contest

The following terms and conditions (“T&Cs”), and all subsequent revisions or amendments made by the organiser, Tata Consultancy Services Asia Pacific Pte Ltd (“TCS”), shall apply to the “#SCSM2018App” App Download Contest (the “Contest”), as part of the Standard Chartered Singapore Marathon 2018 (the “SCSM 2018”) social activation. Participation in the Contest signifies your agreement to be bound by the T&Cs. If you do not agree to the T&Cs, please do not participate in the Contest.

  1. Eligibility
  • Subject to Clause 1.2 below, any individual who is above 21 years old (the “Participant”) is eligible to participate in the Contest.
  • Persons in the following categories are prohibited from participating in the Contest:
    1. anyone below 21 years of age at the time of collecting the prize;
    2. employees and immediate family members of TCS, IRONMAN and third-party vendors, service providers or partners involved in or connected to, directly or indirectly, the Contest; and
    3. any person who is not a (i) Singapore citizen, (ii)  a Singaporean permanent resident or (iii) employment pass holder/  work permit holder in Singapore.
  • A Participant who fails to provide true, correct and accurate information when participating in the Contest shall automatically be disqualified from the Contest. TCS reserves the right to refuse to award any prize or require return of the prize presented to the Participant, and the decision of TCS in this regard shall be absolute and binding.
  1. Contest
  • “#SCSM2018App” App Download Contest will be held from 3 November – 9 December 2018 (the “Contest Period”).
  • To join the Contest, Participants are required to:
    1. Download the official SCSM 2018 official race app from Apple Store or Android Play Store.
    2. Screenshot their favourite function within the race app
    3. Post the screenshot of their favourite function on the app in the comments section of the SCSM 2018 contest post (A) with a reason why they like the function and (B) including the hashtags #DownloadedSCSM2018App and #SCSM2018 in the comment
  • The best post (internal judging) will win an iPhone XS, 64GB
  • TCS reserve the right to terminate the Contest or to modify the Contest rules and Terms prior to the closing date of the Contest, by amending the terms and conditions hereof at its sole and absolute discretion.
  1. Conduct of the Contest
  • Each Participant is can post as many posts as s/he wants during the Contest Period but is entitled to win a maximum of one prize for the entire duration of the Contest Period.
  • Participant with valid entry will be contacted via private message via Standard Chartered Singapore Marathon Official Facebook account to provide all required information as deemed necessary by TCS in order to distribute the prize, including but not limited to full name, mailing address and contact number.
  • If a Participant does not respond within 24 hours, TCS may in its sole discretion select another Participant or withdraw the prize in question.
  • TCS reserves the right to reject or remove entries, disqualify a Participant and forfeit any prize for any ground, including but not limited to  if:
    1. The Entry contains nudity or profanities, is libellous, defamatory, discriminatory, inappropriate or otherwise offensive to the general public;
    2. TCS, in its sole discretion, decides that the Entry is not valid;
    3. The Participant does not respond to TCS within the specified time period in Clause 3.3 or notifies TCS that he does not wish to claim the prize;
    4. The Participant does not agree to abide by and be bound by the TCS;
    5. The Participant has committed any act of fraud or dishonesty, or has misrepresented anything in connection with the Contest;
    6. TCS discovers or has reasonable grounds to suspect that the Participant has engaged or attempted to engage in any activity to inappropriately manipulate submission procedures including without limitation the unauthorised use of Facebook accounts not belonging to the Participant to submit his/her Entry; or
    7. The Participant dies or becomes mentally incapable.

The decision of TCS to exercise its right under this Section shall be absolute and binding, and the Participant hereby agrees to abide with the decision of TCS.

  1. Prizes
  • The prize for the Contest is an iPhone XS, 64GB, in a colour to be confirmed by TCS.
  • TCS may, in its sole and absolute discretion and without prior notice, replace, change or substitute the prize with another of similar value.
  • Participants are not allowed to exchange the prize for cash or other goods or services. TCS will not entertain any request for the exchange of prizes.
  • The images of prizes on all marketing materials are for illustration purposes only. Actual products may be different from the images shown.
  • The prizes are provided on an “as is”, “with all faults” and “as available” basis. TCS does not warrant, represent or guarantee the usability or quality of the prizes, or that the claims made by the manufacturers, distributors and/or service providers of the prizes are accurate. To the fullest extent permitted by the law, TCS disclaims all warranties (whether express or implied) including but not limited to warranties that the prizes will meet the Participants’ requirements, warranties of satisfactory quality, warranties of merchantability or fitness for a particular purpose. All warranty claims with regards to the prize shall be directed to the applicable manufacturer/service provider and not to TCS. Upon the issuance of a prize to a winning Participant, neither TCS nor its employees, directors, officers, agents or assignees shall be responsible or liable in any way to any person for any prizes that are tampered, damaged, or not working properly.
  • For prize redemption, prizes must be self-collected by the individual at IRONMAN Asia’s (official organizer for SCSM 2018) office. The award of prizes shall be subject to verification to the full satisfaction of TCS. Participants who do not comply with the official Contest Rules shall be disqualified.
  • TCS’s decision in all matters relating to the Contest, including  but not limited to on the Prize, on the terms of this Contest ( including the interpretation thereof)  and on the  winner, shall be final and no  discussion, correspondence, enquiry, appeal or challenge in respect of any decision of TCS  will be entertained, . In the event of any dispute, TCS’s decision is final and no correspondence will be entertained.
  1. Personal Data
    • Participants agree that any and all personal data provided to TCS may be used and/or disclosed by TCS and its third party vendors and service providers for the following purposes:
      1. Communication with the Participant for purposes related to the Contest; and
      2. Publicity, advertising or marketing purposes in connection with the Contest and/or in connection with any TCS’s programmes/outreach/initiatives/activities.
    • Participants must be responsible for providing complete and accurate contact information to TCS and its organisers. TCS accepts no responsibility for any inability or failure to contact the Participants arising from inaccurate or incomplete contact information
  1. Privacy Issues
    • Participants hereby consent and agree to TCS recording their images through photography, videography or any other image recording means or technology (collectively “Image Recording”) in any material for publicity purposes (collectively “Promotion Materials”).
    • TCS shall own all the rights, title and interests including intellectual property rights in and to any statement, materials or content submitted, made or created by a participant in connection with the Contest and any derivative thereof and in the Image Recording and the Contest Materials.
    • TCS shall have the right to publish, reproduce, make adaptations, communicate and make available to the public, the Image Recording and the Promotion Materials in any media, whether in print, digital or any other format, for any publicity purposes connected with the Contest or any other activity of TCS connected with being a Participant in the promotion (“Publicity Purposes”), including sharing or disclosing the Image Recording or the Promotion Materials to any third party authorised by TCS for the Publicity Purposes, without restriction and without the need to notify the Participant in advance.
    • Any trademarks, graphic symbols, logos or intellectual property contained in any materials used in connection with this Contest, in particular that relating to the Contest prizes, are the property of their respective owners. The Participant will have no right to approve the finished product wherein the Image Recording or his/her likeness appears, and shall not receive royalties or any other compensation arising or related to the use of the Image Recording or the Promotion Materials.
    • There shall be no time limit, nor is there any limitation in geography or medium on the use of the Image Recording or the Promotion Materials set out in Clauses 6.1 to 6.4 above.
    • The Participant hereby releases, waives and discharges TCS and its directors, officers, agents, servants, employees and any person acting pursuant to the authority of TCS (collectively the “Released Parties”) from, and covenant not to sue the Released Parties or any of them for, any and all liability, claims, demands, actions and causes of action howsoever arising out of or in relation to any loss, damage or for the enforcement of any personal or proprietary right he/she may have in connection with the Image Recording or the Promotion Materials. TCS may require Participants to sign separate written releases.
    • TCS shall have the right to disclose and publish the name and any other particulars of Participants for publicity purposes and Participants shall consent, co-operate and participate fully in the activities organised by TCS for such purposes, without any payment, fee or compensation whatsoever. If a Participant has collected a prize but does not comply with these obligations, he shall be required to return the prize to TCS.
  1. Limitation of Liability
    • All Participants in the Contest agree that neither TCS nor their affiliates, and their respective employees, directors, officers, agents and/ or assignees shall be liable in any way for, and shall be indemnified, released, discharged and held harmless, fully and effectively, by each Participant against and from any and all claims by any Participant or third party for:
      1. slander, libel, defamation, violation of rights of privacy, publicity, and/or civil rights, depiction in a false light, intentional or negligent infliction of emotional distress, copyright infringement, and/or any other tort and damages arising from or in any way related to their participation in the Contest;
      2. all injuries, losses or damages to property or person of any kind, including death, claims, actions, proceedings and other liability arising out of or caused in whole or in part, directly or indirectly, by the acceptance, possession, use or misuse of the prizes or participation in the Contest;
      3. any lost, late, mechanically duplicated, illegible, incomplete, mutilated, tampered, damaged, corrupted or misdirected Entries; and
      4. any losses, damages, costs, expenses, fees or damages incurred by the Participants arising out of or in connection with the Contest or any activity related thereto, including without limitation, any breakdown or malfunction of any computer system or equipment.
    • Participants agree and acknowledge that the Contest is in no way sponsored, endorsed or administered by or associated with Facebook. Any information provided is to TCS only, and not to Facebook.
    • Participants agree and acknowledge that they shall release Facebook from all claims completely.
    • The Participant acknowledges that his/her participation in the Contest shall be at his/her own risks
  1. General Terms and Conditions
    • TCS reserves the right at its sole discretion, to suspend, postpone or terminate the Contest or any Contest Period, shorten or extend the duration of the Contest Period and/or amend, modify, delete, supplement, replace or revise the T&Cs, without any liability or prior notification to any person, including but not limited to any Participant. Any change to the T&Cs shall take effect immediately and shall bind all Participants of any ongoing Contest Period including those who have submitted Entries before the date of the change.
    • TCS shall not be liable to any party whatsoever for any delay in complying or failure to comply with the T&Cs due to the occurrence of any event or circumstance beyond its control, including without any limitation to, acts of God, natural disasters or catastrophes, riots or wars (whether declared or not), terrorist activities, epidemics, health threats, quarantine requirements, change or issuance of new applicable laws.
    • In all circumstances, TCS’s decisions shall be final, binding and conclusive on all matters relating to the Contest, and no further correspondence shall be entertained. Participants agree and undertake to be bound by the aforesaid decisions.
    • The T&Cs shall be governed by the laws of Singapore and subject to the jurisdiction of the courts in Singapore. The T&Cs shall constitute the entire understanding and agreement between TCS and the Participants. The T&Cs are not intended to confer rights on any third party, whether pursuant to the Contracts (Rights of Third Parties) Act (Cap. 53B) or otherwise, and no third party shall have any right to enforce any provision of the T&Cs.
    • If any term or provision of the T&Cs is held to be illegal or unenforceable, such term or provision shall be deemed to be deleted from the T&Cs and the validity or enforceability of the remainder of the T&Cs shall remain in full force and effect.
    • TCS’s failure to enforce at any time the provisions of the T&Cs or any rights in respect thereto shall in no way be considered to be a waiver of such provisions, rights, or elections or in any way affect the validity of the T&Cs.
    • In the event of any inconsistency between the T&Cs and any brochure, marketing or promotional material relating to the Contest, the T&Cs shall prevail.