SECTION A (Details), all the terms and conditions as set out in SECTION B (General Terms and Conditions), the Merz Privacy Policy, and the Terms of Use shall constitute the TERMS AND CONDITIONS governing the Event.

SECTION A

Details

Event:	Ultherapy® x Joanne Peh Giveaway
Organiser:	Merz Asia Pacific Pte. Ltd.
Correspondence Address:	21 Biopolis Road, #06-03/04 North Tower Nucleos Singapore 138567
Participating Country/ies:	Singapore
Third Party Event Platform:	Facebook (Ultherapy SG, Joanne Peh) and Instagram (@ultherapy.singapore, @joannepeh)
Event Commencement Date:	26 August 2021 (Thursday) 12:01 a.m.
Event Closing Date:	15 September 2021 (Wednesday), 11:59 p.m. For the avoidance of doubt – the Event Closing Date may occur earlier or later as determined solely by Organiser.
Criteria and mechanics governing the participation in the Event and selection of winners:	To qualify for the Event, participants are required to – Complete and submit the Ultherapy® x Joanne Peh Giveaway online form (“Form”) at https://www.ultherapysg.com/joanne-peh-faqs.html by telling us why they would like to win an Ultherapy® treatment. The participant with the most creative reason will win the Ultherapy® treatment. This Form is to be completed in full by the participants during the period from the Event Commencement Date until the Event Closing Date; and Agree to be filmed, photographed and interviewed upon Merz’s request, before, during and after the Ultherapy® treatment, for the purposes of reviewing the Ultherapy® treatment. And consent to Merz using and/or modifying any and all materials produced as a result of being filmed, photographed, and/or interviewed, in perpetuity, for any purposes Merz deems fit, including but not limited to marketing, publicity, educational, and/or training purposes.
Total Winners:	1 winner who fulfills all criteria and complies with all the TERMS AND CONDITIONS will be selected.
Prize:	1 Ultherapy® treatment (worth at least S$3,000) at a certified clinic selected by Merz.
Prize Redemption:	Winner will be notified via email by Organiser after the Event Closing Date and in the said email, the winner will also be receiving instructions on the redemption of the Prize.

SECTION B

General Terms and Conditions

1. General
   

   1. The TERMS AND CONDITIONS shall apply to the Event organised by Organiser. Participation in the Event shall constitute acceptance of the TERMS AND CONDITIONS and any amendments thereof.

   2. The Event is in no way sponsored, endorsed, administered by, or associated with the Third Party Event Platforms. Any questions, comments or complaints regarding the Event should be directed to Organiser, not the Third Party Event Platforms.

   3. Non-compliance with or breach of any of the TERMS AND CONDITIONS may disqualify the participants and any prize won may be forfeited, withheld, withdrawn or reclaimed at Organiser’s sole discretion and without any liability to participants.

   4. Entry to the Event commences on Event Commencement Date and closes on Event Closing Date (“Event Period”). Organiser reserves the rights to amend the Event Period at any time without prior notice to any party.

   
   
2. Eligibility
   

   1. The Event is open to all legal residents residing in the Participating Country/ies aged 21 years old and above (as at the date of their participating entry).

   2. Employees of Organiser and its affiliates (and their immediate family members, including spouses, children, parents and siblings), and the agencies associated with the Event, if any, including but not limited to advertising agencies, promotions agencies, printing company or any person assisting or who are involved in the Event are not eligible to participate in the Event.

   3. Incomplete information provided, failure to provide true and accurate information, failure to submit proof of identification upon collection of the Prize (if so required) or failure to comply with the criteria and mechanics governing the participation in the Event as set out in Section A of the TERMS AND CONDITIONS, will automatically disqualify the participants.

   4. Organiser shall have the sole discretion to determine the eligibility of the participants and shall have the right to disqualify any ineligible participant without giving any reason thereof and without any liability to participants.

   
   
3. Multiple Entries
   

   Unless otherwise stated in Section A of the TERMS AND CONDITIONS, no participant may submit entry to the Event more than once. Each eligible participant is only entitled to submit one (1) entry for the Event. In the event of multiple entries, Organiser reserves the right at its sole and absolute discretion without notice to the participants either to disqualify the participant, or to use the latest submission of the participant to qualify for the entry to the Event. In such an event, no further correspondence or appeal will be entertained under any circumstances.
   
   

4. Intentionally Deleted
   
   
5. Prize
   
   1. Winner(s) will be determined by Organiser based on the criteria as set out in Section A at the absolute discretion of the Organiser. Each winner is only entitled to one (1) Prize.

   2. The awarding of the Prize is subject to compliance with the TERMS AND CONDITIONS.

   3. The winners shall not directly or indirectly resell, attempt to resell and/or allow the resale of the Prize in any manner whatsoever. A breach of this term shall constitute a material breach and shall entitle Organiser to withdraw, withhold or reclaim the Prize and without any liability to Organiser.

   4. The Prize, or any part thereof, is strictly not transferable or exchangeable for cash, any other item or benefit.

   5. Organiser reserves the right, at any time in its sole and absolute discretion, to substitute, withdraw, add to, replace or alter the Prize or any part thereof without prior notice or reason to any party or assuming any liability to any party.

   6. Each Prize is used at the sole risk of the winner(s).

   
   
6. Notification on Prize Redemption
   

   1. The winner(s) will be notified by Organiser by social media channels, emails, telephone number or direct message on social media (“Notification”), within thirty (30) days following the Event Closing Date. Organiser shall not be responsible or be liable for any late, lost, misdirected or unsuccessful efforts to notify the winner(s). Winner(s) shall redeem the Prize in accordance with the Prize Redemption as set out in Section A and/or instructions given by the Organiser in the Notification.

   2. In the event a winner fails to respond to Organiser in accordance with the Notification within five (5) days after the Notification is being sent to the winner or winner fails to redeem the Prize within the time period specified in the Notification, such winner shall be deemed to have relinquished his/her entitlement to the Prize. In such an event, no further correspondence or appeal will be entertained under any circumstances and Organiser will choose another winner at its absolute discretion as a replacement.

   3. Winner who is deemed to have waived his/her claim to the Prize hereby releases and forever discharges, all and/or any actions, claims, rights and demands that he/she may have against Organiser and shall not be entitled to any compensation from Organiser.
   
   
   
7. Publicity
   

   Organiser may undertake publicity activities relating to the Event and Prize awards. Winner(s) therefore agree to the use of their name, photograph, likeness, image and/or region of residence in any post-prize-winning publicity in accordance with Organiser’s privacy policy: https://www.merz.com//app/uploads/2019/06/merz_privacy_policy.pdf. (“Organiser’s Privacy Policy”).

   
   
8. Others
   

   1. All visuals relating to the Event or the Prize are for illustration purposes only.

   2. Organiser's decisions on the Event and the winner(s) shall be final and no correspondence or appeal to Organiser will be entertained under any circumstances. In the event of a dispute, any individual’s entitlement to participate in the Event and any participant’s entitlement to the Prize shall be subject to the sole discretion and final determination of Organiser.

   3. Organiser reserves the right at its sole discretion to add, suspend, terminate, change, modify, replace, amend or cancel the Event or any of the TERMS AND CONDITIONS, in whole or in part as it deems fit at any time and without notice or liability to any party. Any changes relating to the Event may be posted within the Event’s platform or Third Party Event Platforms during the Event Period and Organiser shall not be liable to any party for any losses or damages suffered or may be suffered by any party either directly or indirectly as a consequence hereof.

   4. It shall be at Organiser’s sole discretion to determine if any of the TERMS AND CONDITIONS have been breached by any participant or winner. The decision of Organiser in this regard is final and conclusive.

   5. By participating in the Event, participants and/or winner(s) hereby agree to defend, release, discharge and/or hold harmless Organiser, its directors, officers, employees, agents, related corporations, affiliates, representatives and third party service provider (collectively “Organiser Group”) from any and all losses, damages, costs and expenses (including legal fees on an indemnity basis), demands, causes of action, claims, actions or liabilities of any nature whatsoever, whether known or unknown at the present time, whether directly or indirectly, in connection with:-

      1. any defects, quality, merchantability or any other aspect of the Prize;

      2. any acts or defaults of the sponsor, issuer, merchant and/or suppliers of the Prize;

      3. participants’ and/or winners’ breach or violation of any laws, regulations or the TERMS AND CONDITIONS, which shall include but not limited to any claims of infringement resulting hereof;

      4. any accidents, theft, loss of life, injury to person, lost parcels, lost profits, revenue, business or anticipated savings, loss or damage to property and/or any other loss or liability suffered by the participants, winner(s) and/or his or her companion as a result of or in connection with his or her participation in the Event, or resulting from the award, delivery, acceptance, redemption, use or enjoyment of the Prize; and/or

      5. any tax liabilities in relation to the Event, Prize and/or use or enjoyment of the same.

      Organiser shall have the right (but not obligation) at any time to assume the defense against any claim and all negotiations for settlement and compromise. Participants and winner(s) agree to cooperate with Organiser in such defense, if any. This provision is binding on participants and/or winner(s), their spouse, their children, legal representatives, heirs, successors and assigns.

   6. Failure by Organiser to enforce or perform any one of the TERMS AND CONDITIONS in any instance(s) shall not give rise to any claim or right of action by any participant or winner, nor shall it be deemed to be a waiver of any of Organiser’s rights in relation to the same.

   7. The TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of Singapore and the Contracts (Rights of Third Parties) Act. (Cap. 53B) shall be expressly excluded from the application hereto.

   8. In the event of any dispute arising out of or in connection with the TERMS AND CONDITIONS, the Parties agree to try to solve any disputes amicably by mediation.

   9. Any dispute arising out of or in connection with the TERMS AND CONDITIONS, including any question regarding its existence, construction, validity or termination, not resolved amicably in accordance with Clause 8(h) shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one (1) arbitrator appointed by the Parties and failing such agreement fourteen (14) days after any Party has given a written notice to the other Party to concur on the appointment of an arbitrator, the arbitrator shall be appointed by the Chairman of the Singapore International Arbitration Centre. The place of arbitration shall be Singapore and the arbitration shall be conducted in the English language.

   
   
9. Use of Personal Data
   

   1. By participating in the Event, participants and/or winner(s) expressly authorise and consent to Organiser Group to collect, use, retain and/or disclose participant(s)’ and/or winner(s)’ personal data without compensation to participant(s)’ and/or winner(s)’ in accordance with the manner set out in Organiser’s Privacy Policy for the purposes of:-

      1. conducting and administering the Event and/or the Prize, including sending information to, or contacting participant(s) and/or winner(s) on all matters pertaining to the Event and/or the Prize;

      2. publicity and/or use in advertisements relating to the Event and Prize awards;

      3. managing participant(s)’ and/or winner(s)’ relationship with Organiser in relation to the Event; and/or

      4. promotional and marketing purposes to the extent participant(s) and/or winner(s) have opted in for such purpose.

   2. Participant(s) and/or winner(s) also acknowledge and agree that the consent here does not affect any other consent which participant(s) and/or winner(s) may have already given to Organiser Group and their rights at law in respect of their personal data.

10. No Waiver
    

    Any failure to exercise, or delay in exercising, by the Organiser, any right or remedy under these TERMS AND CONDITIONS shall operate as a waiver thereof. Further, any single or partial exercise of any right or remedy shall not prevent the Organiser from any further exercise or other exercise thereof or the exercise of any other right or remedy.