Terms & Conditions
Participation in the Giveaway constitutes acceptance of these terms and conditions.
1.1 The Giveaway is conducted by Ecommerce Enablers Pte. Ltd. (“ShopBack”).
1.2 Subject to the sole and absolute discretion of ShopBack, this Giveaway is open to persons who meet all of the following criteria during the Qualifying Period (as defined in Clause 2.1 of these terms and conditions):
(a) users must have a valid registered account with ShopBack (collectively “Users”, and each a “User”). Users whose ShopBack accounts have been suspended, cancelled or terminated by ShopBack, as may be determine by ShopBack in its sole and absolute discretion may not participate in the Giveaway;
(b) users must have fulfilled the conditions set out in Clause 3 of these terms and conditions to qualify for the Giveaway; and
(c) users must be 18 years and above (as of the start of the Qualifying Period) and be a Singapore citizen, Singapore permanent resident or Singapore resident (with a valid employment pass or work permit), collectively “Qualifying Persons”, and each a “Qualifying Person”.
1.3 ShopBack has the sole and absolute discretion to determine the eligibility of Users and whether such Users are Qualifying Persons. Such determination shall be final and conclusive and ShopBack is not obliged to give any reasons for its determination.
2. Qualifying Period, Giveaway and Giveaway Date
2.1 The qualifying period for the Giveaway is from 23 November 2018, 00:00 SGT (UTC +8) to 26 November 2018, 23:59 SGT (UTC +8) (both dates inclusive) (“Qualifying Period”).
2.2 The Giveaway will be conducted on 6 December 2018 (“Giveaway Date”).
2.3 The winners of the Giveaway (“Winners”) will be published on ShopBack's publicly available website, within 14 calendar days from the Giveaway Date and announced on the Facebook Live Stream. The Winners will also be notified by email within 14 calendar days from the Giveaway Date, at the Winners’ email address provided by the Winners in ShopBack’s records.
3. Mechanics of Giveaway
3.1 Subject to Clause 3.2, for any User to qualify for the Giveaway, such User will have to fulfil any of the following criteria during the Qualifying Period:
Be a User to accumulate a total spend on partner stores of ShopBack (“Merchant”) based on category of stores from the list of qualifying Merchants as set out in Schedule A.
3.2 Subject to ShopBack’s sole and absolute discretion, where such Qualifying Person has fulfilled any of the criteria set out in Clause 3.1, such Qualifying Person shall be entitled to the respective prize as set out in Schedule A (collectively “Prizes”, and each a “Prize”) if:
(a) The purchase is a valid order that is not cancelled, rejected or under investigation, such validity being determined by ShopBack in its sole and absolute discretion.
(b) The purchase is captured in ShopBack’s system within three (3) days prior to the Giveaway date (or such other time as may be determined by ShopBack in its sole and absolute discretion).
3.3 ShopBack shall not be responsible for any failure or delay in the transmission of evidence of sales transactions by any Merchant or any other party.
3.4 For the avoidance of doubt, ShopBack has the right to vary the terms of the mechanics set out in Clause 3 of these terms and conditions, at its sole and absolute discretion, without prior notice.
4. The Prizes and Winners
4.1 The Prizes are set out in Schedule A, and correspond to the Qualifying Person’s purchase, in accordance with the qualifying accumulated spend on any grouped partner stores based on ShopBack’s records. As set out in Schedule A (E.g. As set out in Schedule A, if the Qualifying Person is the first Qualifying Person to spend $500 on ASOS during the Qualifying Period based on ShopBack’s records, then such Qualifying Person shall be entitled to the “Nike + Supreme Bundle” prize).
4.2 There shall be no “reserve winners” to replace any Winner who is subsequently disqualified or is otherwise deemed as a “no-show” by ShopBack in its sole and absolute discretion.
4.3 Each of the Winners may receive more than one (1) Prize during the Giveaway.
4.4 Save as otherwise provided by ShopBack, Prizes are strictly non-redeemable for credit, non-transferable, non-assignable and nonexchangeable and non-replaceable if lost, or stolen.
4.5 Every Winner’s eligibility to participate in the Giveaway is subject to verification, and in the event that a Winner is verified by ShopBack, in its sole and absolute discretion, to be ineligible to participate in the Giveaway, ShopBack shall have the right to disqualify that Winner without notice.
4.6 A Winner who has been awarded a Prize shall not be entitled to any compensation, benefits or substitution in any form whatsoever in lieu of the Prize and/or should any Prize be forfeited or reclaimed.
4.7 If a Winner fails to claim his/her Prize within the stipulated redemption period (where applicable) in the Prize notification email issued by ShopBack, his/her Prize will be forfeited.
4.8 The Winners consent to ShopBack disclosing and/or publishing their names, particulars and pictures/photographs in any manner which ShopBack may deem fit for publicity purposes. The Winners shall cooperate with and participate in such publicity activity organised by ShopBack without any compensation whatsoever and in such manner as ShopBack deems fit. In addition, by participating in this Giveaway, each User consents to ShopBack disclosing his/her personal information to any third party ShopBack may consider appropriate or necessary in connection with administering the Giveaway, including any person or entity involved in organizing, promoting or conducting the Giveaway for purposes of the Giveaway. The User consent under the Personal Data Protection Act (Cap 26 of 2012) to the collection, use and disclosure of the User’s personal data by/to ShopBack and such other third party for the purpose of the Giveaway and the Users confirm that they have read and agree to be bound by all of the terms and conditions issued by ShopBack, as may be amended, supplemented and/or substituted by ShopBack, in its sole and absolute discretion, from time to time, which may be found on ShopBack’s website at www.shopback.sg. The failure by any Winner to comply with this clause shall result in his/her disqualification as a winner and to receive any Prize.
4.9 If ShopBack subsequently determines that a person is in fact not eligible for any Prize or to participate in the Giveaway, for any reason whatsoever, ShopBack may at its sole and absolute discretion reclaim any Prize and award or dispose of it in such manner and to such person(s) as ShopBack deems fit in its sole and absolute discretion.
5. General Terms and Conditions
5.1 ShopBack shall not be responsible for any injuries, loss, claim or damage suffered or incurred in connection with the Prizes, the Giveaway (including, but not limited to, any error, breakdown or malfunction in any computer system or equipment) and/or any notices, letters or correspondence lost, stolen or misdirected in the postal system or telecommunication system, and the consequences arising from the nonreceipt of such communication.
5.2 By participating in this Giveaway, Users agree to release and hold ShopBack harmless from any and all liability whatsoever for any injuries, losses or damages of any kind to any person or property arising from, or in connection with, either directly or indirectly:
(a) the awarding, acceptance, receipt, possession, use or misuse of any Prize or parts thereof awarded pursuant to the Giveaway; and
(b) the participation in the Giveaway or any prize-related activities.
5.3 ShopBack may vary these terms and conditions, or withdraw or terminate the Giveaway at any time without any notice or liability to any party. In the event of any inconsistency between these terms and conditions and any brochures, marketing or promotional materials relating to the Giveaway, these terms and conditions shall prevail.
5.4 These terms and conditions shall be read in conjunction with the ShopBack’s general terms and conditions. In the event of any inconsistency, these terms and conditions shall prevail insofar as they apply to the Giveaway. ShopBack’s general terms and conditions is available at www.shopback.sg.
5.5 A person who is not a party to these terms may not enforce any of them under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore Statutes) and notwithstanding any terms herein, the consent of any third party is not required for any variation of the terms of the Giveaway (including any release or compromise of any liability) or termination of the Giveaway.
5.6 Any rights and obligations under these Terms and Conditions may not be assigned, in whole or in part, without the prior written consent of ShopBack, and any such assignment without such consent shall be null and void.
5.7 Any failure to enforce any provision of these terms and conditions on the part of ShopBack shall not be deemed a waiver of that provision. Any waiver of any provision of these terms and conditions by ShopBack on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these terms and conditions is held to be invalid, such invalidity shall not affect the remaining provisions.
5.8 These terms and conditions, including any amendments thereto that ShopBack may from time to time make at its discretion, are governed by and construed in accordance with the laws of the Republic of Singapore. Any dispute arising out of or in connection with these terms and conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC 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. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The User agrees that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of these terms and conditions and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.