Terms and Conditions

Gerber^® Products Company (“Sponsor”), 1812 N Moore St, Arlington Virginia 22209, United States of America, through its appointed agency Imagic Esolutions Sdn Bhd. [1271907 - A] ("Organiser") maintains this website https://www.gerberorganicfood.com/ ("Site") and is responsible for this Gerber^® Organic Spend, Snap & Win Contest (Malaysia) and Gerber^® Spend, Snap & Win Contest (Philippines) (“Contest”).

The Organiser reserves the right to cancel or amend the Contest and the terms and conditions of this Contest (“Terms and Conditions”) at any time without prior notice. Any changes will be posted on the Site.

Qualifying Entrants

1. The Contest is open only to residents of Malaysia, and Philippines (“Participating Countries”) who are 18 years or older and are parents or legal guardians of a child (or children) who is age 6 months to 60 months old as at the date of participation. You warrant to indemnify the Organiser against any and all claims in relation to your participation of this Contest and breach of its Terms and Conditions contained herein. The Organiser’s rights are hereby expressly reserved.

2. Employees of the Sponsor or the Organiser and its affiliates in Participating Countries, advertising and promotion agencies of the Organiser together with their employees, and immediate family members and/or those living in the same household of each of the aforesaid persons are not eligible to participate in this Contest.

3. The Organiser reserves the right to disqualify and/or exclude any entries from the Contest, for any reason and for no reason, including without limitation, violation of any portion of these Terms and Conditions.

4. Purchases are compulsory as a qualifier to participate in this Contest. Only purchases from Gerber US Official Stores on Lazada or Shopee in Malaysia and Philippines will be accepted. You are required to provide the original Order ID when requested by the Organiser. Duplicated or used Order ID will not be accepted. Transaction of the purchases must be dated within the said Contest period.

Contest Rules

5. Submit entries through the Site starting 3 November 2021 at 00:00 to 31 January 2022 at 23:59 (GMT +8:00) (“Contest Period”).

6. Each participant may submit multiple entries via the Site in the following steps:

Step 1: Make a purchase of minimum RM120 or PHP 1500 at Gerber^® US Official Store on
Lazada Malaysia  https://www.lazada.com.my/shop/gerber-us
or
Shopee Malaysia https://shopee.com.my/gerber_us.os
or
Lazada Philippines https://www.lazada.com.ph/shop/gerber-us
or
Shopee Philippines https://shopee.ph/gerber_us.ph

Step 2: Snap a photo of your little one consuming Gerber products with the yummiest face.

Step 3: Submit your entry via the contest form on www.gerberorganicfood.com. You are required to fill in all required fields, attach the best photo of your little ones and click the submit button to confirm your submission (“Entry”). A confirmation email will be sent to the registered email address for this Contest.

7. Participant acknowledges and agrees that all photographs submitted as Entry are original photographs created and owned by the participants.

8. Original receipts are required for shortlisted participants.

9. By submitting your Entry, you confirm that you have read and accept these Official Rules and Regulations. The Entry must comply with these Official Rules and Regulations; and any Terms of Service on the Website.

10. Participants shall participate in the Contest on his/her own and shall not submit entries or participate on behalf of other individuals.

11. The entry is only limit to 1 valid submission per Order ID, multiple entries can be done if you have submitted with different Order ID (i.e. 1 Order ID = 1 photo submission, 2 Order IDs = 2 photo submissions, so on ...)

12. Participant must be the parent or legal guardian of the child featured in the photograph.

13. Each Entry for the Contest will be judged by a panel of judges consisting of the Sponsor and the Organiser between 3 November 2021 to 15 January 2022.

14. In each of the Participating Countries, the prizes are listed as below.

Malaysia:
(i) iPhone 13 x 1 unit worth RM3899
(ii) Fitbit Luxe x 1 unit worth RM648
(iii) Sony Speaker x 1 unit worth RM199
(iv) Cash Voucher RM150 x 3 units
(v) Cash Voucher RM100 x 5 units
(vi) Cash Voucher RM50 x 10 units

Philippines:
(i) iPhone 13 x 1 unit worth PHP50990
(ii) Fitbit Luxe x 1 unit worth PHP8490
(iii) Sony Speaker x 1 unit worth PHP2999
(iv) Cash Voucher PHP2500 x 2 units
(v) Cash Voucher PHP1250 x 5 units
(vi) Cash Voucher PHP700 x 10 units

15. Winners will be chosen based on 3 (three) criteria:
(i) The total purchase value of entries submitted during the Contest Period
(ii) Creativity of the photo
(iii) Creativity of the answer to the question “Why do you choose Gerber for your little one”.

16. Each participant will be entitled to win only 1 (ONE) prize from the Contest.

17. Participant guarantees that the photo he/she is submitting is original and has not been previously published, for which the participant owns all necessary rights thereof.

18. You shall hold the Sponsor, the Organiser and all of their officers, directors and employees free and harmless from any liability arising from claims or suits of third parties, including costs and expenses incidental thereto, in connection with the use of the Contest photo

Competition Entries

19. By submitting the Contest entries, each participant thereby (a) specifically authorizes the Organiser and the Sponsor to use and/or license third parties to use, without compensation, gain or rewards, a non-exclusive and irrevocable license to use, republish, edit and/or modify the Contest photos in any media for marketing and promotional purposes which include but not limited to publication at the Site; (b) represents and warrants that all elements contained in the Contest entry (i) is original to the participant or fully cleared for use as contemplated herein, (ii) does and will not, in any way, violate or breach any of the terms of any other agreement the participant may be a party to, (iii) does not contain libelous, tortuous, or the publication or sale of which will violate any federal or state statute or regulation, (iv) is not obscene or in any other manner unlawful, and (v) shall not require the Sponsor or the Organiser to pay or incur any sums to any person or entity as a result of the Sponsor's or the Organiser’s use or exploitation of the same. You shall also indemnify and hold harmless the Sponsor or the Organiser and its affiliates from and against any claim, action, damage, loss and costs and expenses (including legal fees and professional fees) arising from or in connection with any breach of the foregoing.

20. Winners shall agree to be contacted by the Sponsor or the Organiser or its authorized representatives to participate in public relations events tied to the Contest to generate press coverage of the Contest and the Sponsor’s products. This may include, but not be limited to, quotes given for inclusion in press releases and press conferences, interviews, etc.

21. The Organiser reserves the right to disqualify all entries that do not meet the rules and regulations of the Contest. These include entries submitted with invalid or incorrect information.

22. The Organiser reserves the right to disqualify entries which purchases were returned or cancelled or refunded during and after the Contest Period.

23. Unfair or unethical methods of participation may result in disqualification.

24. The Sponsor and Organiser's decision for all Winners is final.

Prizes

25. Prizes are non-transferable and non-exchangeable for cash and may be subjected to availability. The Organiser reserves the right to replace any prizes with items of similar value without prior notice. The Organiser reserves the right to change the product colour of the prizes depending on the availability of the prizes.

26. The Organiser will not ship the prize if winner is in another country but his/her original residence is Malaysia or Philippines. In such case, the winner will be disqualified and the Organiser will have the right to replace to another winner which complies to the Contest Rules & Regulations.
Eg. The winner won the contest for Malaysia, but is located outside of Malaysia; OR, the winner won the contest for Philippines, but is located outside of Philippines.

27. Acceptance of any prize shall constitute consent on the Winner's part to allow the use of the Winner's name, image, voice and/or likeness by the Organiser for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where prohibited by law. Acceptance of any prize shall constitute a release and discharge of the Sponsor or the Organiser by each Winner from any and all liability, claims, demands, causes of action, and/or damages which the Winner may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) the Contest, (ii) personal injury and/or property damage, theft or loss suffered by the Winner as a result of the use and/or enjoyment of the prize, and/or (iii) any tax liabilities in relation to the Contest, prize and/or use or enjoyment of the same.

28. Winners may be required to provide NRIC / passport number of the themselves and the children in the photos submitted for Contest for verification purposes and to show original receipts as proof of purchase upon claiming of prizes.

29. Results of all Winners will be announced via social media posting on Facebook Page and Instagram of Gerber US in Malaysia and Gerber US in Philippines between 11 December 2021 to 31 January 2022. However, the Organiser reserves the right to change the method and date of winner announcement without any prior notice.

30. Subject to the terms and conditions herein, the Winners of the Contest shall receive the corresponding below listed prize(s):

Malaysia:
(i) iPhone 13 x 1 unit worth RM3899
(ii) Fitbit Luxe x 1 unit worth RM648
(iii) Sony Speaker x 1 unit worth RM199
(iv) Cash Voucher RM150 x 3 units
(v) Cash Voucher RM100 x 5 units
(vi) Cash Voucher RM50 x 10 units

Philippines:
(i) iPhone 13 x 1 unit worth PHP50990
(ii) Fitbit Luxe x 1 unit worth PHP8490
(iii) Sony Speaker x 1 unit worth PHP2999
(iv) Cash Voucher PHP2500 x 2 units
(v) Cash Voucher PHP1250 x 5 units
(vi) Cash Voucher PHP700 x 10 units

31. In the event that any Winner is disqualified from the Contest, the Organiser, at its sole discretion, may decide whether a replacement Winner should be selected. In this event, any further Winner will be selected on the same criteria as set out in the Terms and Conditions. The Organiser can repeat this process any number of times until it has selected a satisfactory Winner in accordance with these Terms and Conditions.

32. Where applicable, prizes not collected within 4 weeks from the date of notification for collection shall be disposed of at the Organiser’s s sole discretion. Organiser’s decision regarding the award of all prizes, and/or in every situation including any not covered in these Terms and Conditions, shall be final and binding on all participants in the Contest, and no queries, themes or appeals may be made or entertained regarding Organiser’s decision on the same. The receipt by any Winner of any prize under this Contest is conditional upon compliance with any and all applicable laws, rules and regulations.

Liabilities

33. The Sponsor and/or the Organiser cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Contest or as a result of entering the Contest or accepting any prize. The Organiser is not responsible for any safe custody, return, non-delivery or missing of entries, late, misdirected, problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any app, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Contest.

34. By entering the Contest or accepting the prizes, you agree that no claim relating to such losses or injuries (including special, indirect and consequential losses) shall be asserted against the Organiser, its parent companies, affiliates, directors, officers, employees or agents from any and all losses, damages, rights, claims and actions of any kind resulting from the Contest and acceptance of any prize, including without limitation, personal injuries, death and property damage.

35. By submitting the Contest entries, you agree and warrant that you shall not submit any content (a) that is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (b) that violates any law, statute ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (c) on behalf of any merchant or manufacturer, or for which you were compensated or granted any consideration by any third party; (d) that includes any information that references other apps, addresses, email addresses, contact information or phone numbers; (e) or that contains any computer viruses, worms or other potentially damaging computer programs or files.

Use of Personal Information

36. Information – All information, including personal information (“Information”) submitted or known to the Organiser and/or its affiliates in connection with this Contest will only be used for the purposes set out in and treated in accordance with these Terms and Conditions and those stipulated in the Privacy Policy of the Sponsor at https://gerberorganicfood.com/my/privacy-policy/ (“Privacy Policy”).

37. Use of Information – In addition to those stipulated in the Privacy Policy, by entering the Contest, you agree:

(a) to the use of the Information, without compensation, for the Organiser’s promotional and marketing purposes; and

(b) to the use of the Information, without compensation, for the purpose of administration in relation to the Contest.

38. Each individual participating to this Contest acknowledges that in respect of any Information from her/him pursuant to this Site:

- She/he is authorized to disclose such Information; and

(a) Such disclosure complies with any privacy legislation from any country, within the geographical scope of the Contest, and we have the right to use such Information as contemplated by this Site (including, without limitation, the disclosure of such Information to the Organiser's external agencies or third parties).

39. Provision of Information to Third Parties - We will not sell or otherwise transfer the Information to unaffiliated third parties without your approval. If applicable, you will have the opportunity to indicate whether you would like to "opt in" and/or “opt out” to receiving promotional and/or marketing information about other products, services and offerings from us and/or any third parties.

40. Analysis of User Behaviour - We reserve the right to perform statistical analyses of user behaviour and characteristics in order to measure interest in and use of the various areas of the Site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. We will provide only aggregated data from these analyses to third parties. We are not responsible for any actions or policies of any third parties who request personal information and you should check the applicable privacy policy of that party.

41. Cookies - You should be aware that information and data may be automatically collected through the use of "Cookies". "Cookies" are small text files a site can use to recognise repeat users and allow us to observe behaviour and compile aggregate data in order to improve the Site and to target its advertising. Cookies do not attach to your system and do not damage your files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.

42. Updating or Removing Information - You may notify us of any updates, amendments and corrections to previously collected Information by using the Contact Us Form on the Site or reaching out to us through our Facebook Messenger of Gerber US in Malaysia and Gerber US in Philippines. Further, upon your request, we will use commercially reasonable efforts to delete your Information from our database. However, it may be impossible to delete your entry without some residual information because of backups and records of deletions.

Disclaimer

43. Please be advised that all materials posted on the Site are subject to public downloading by third party viewers. The Organiser has taken precautionary steps to deter users from downloading. However, should downloading persist, the Organiser shall not be held accountable or liable for any damages caused.

Miscellaneous

44. The Organiser reserves the right, in its sole discretion, to terminate or suspend this Contest without any liability to you should there be unforeseeable events which in the Organiser’s absolute opinion may jeopardize the process of the Contest.

45. The Organiser reserves the right to amend/change the Terms and Conditions and the prizes without any liability to the participants.

46. In the event of disputes regarding the Contest or the Terms and Conditions of the Contest, the Organiser shall have the right to make the final decision.

47. The Terms and Conditions of this Contest shall be governed by and construed in accordance with the laws of the Malaysia government.

This T&C has updated on 3rd January 2022.