Pingo Activity Policy

PINGO ACTIVITY POLICY

1.   GENERAL

• Any such capitalized words used in this Pingo Activity Policy (“Pingo Activity Policy”), unless otherwise defined, shall have the same meaning as found in the Buyer’s Terms and Conditions, the Seller’s Terms and Conditions and the Pingo Points Policy. This Pingo Activity Policy shall form an integral part of the Buyer’s Terms and Conditions and the Seller’s Terms and Conditions and the Pingo Points Policy.
• This Pingo Activity Policy shall govern the terms and conditions of the Pingo Activity as may be from time to time organised and conducted by PINGO on the Platform, in its sole discretion.
• This Pingo Activity Policy is issued in both English and Chinese languages. In the event of any inconsistency between these two versions, the English version shall prevail.
• By participating in the Pingo Activity on the Platform, the Buyer and/or the Seller hereby agree to be bound by this Pingo Activity Policy, the Buyer’s Terms and Conditions, the Seller’s Terms and Conditions and any other policies and terms and conditions as may be posted on the Platform from time to time (“Other Terms”).

2.   DEFINITIONS

• The following terms shall have the following respective meanings:

  • “Referral Benefits” means the benefits awarded by PINGO to any Buyer who successfully refers and introduces individuals to register as a member on the Platform as a Normal Member or VIP Member (as the case may be);
  • “Referee” means any individuals referred and introduced by the Buyer to register as a member on the Platform as a Normal Member or VIP Member (as the case may be);

3.   ELIGIBILITY

• To be eligible in participating the Pingo Activity, the Buyer must be registered as a member on the Platform in accordance with the Buyer’s Terms and Conditions. PINGO’s membership includes two categories, which are the VIP member category (“VIP Member”) and the normal member category (“Normal Member”):

  Types of Membership	Details
  VIP Member	The Buyer shall be entitled to be a VIP Member upon the Buyer’s registration of an account on the Platform and purchase of VIP Merchant Offering
  	Benefits in Mall Shopping Zone: -   ·        Entitled to earn 1 Redeemable Points for each and every RM1.00 spent for the purchase of Merchant Offerings in the Mall Shopping Zone; and ·        Entitled to earn the Referral Benefits for any purchase of Merchant Offerings made by its Referee.
  	Benefits in VIP Member Zone: -   ·        Entitled to host, initiate and conduct any Pingo Activity for Selected Merchant Offering (as hereinafter defined) as may be determined by PINGO from time to time under the Platform; and ·        Entitled to earn Pingo Points if its Referee becomes a VIP Member by purchasing the VIP Merchant Offering.
  	Benefits in Pingo Activity Zone: - Entitled to earn Pingo Points if its Referee, hosts, initiates and conducts any Pingo Activity
  Normal Member	The Buyer shall be entitled to be a Normal Member upon the Buyer’s registration of an account on the Platform
  	Benefits in Mall Shopping Zone: -   ·        Entitled to earn 1 Redeemable Points for each and every RM1.00 spent for the purchase of Merchant Offerings in the Mall Shopping Zone; and ·        Entitled to earn Referral Benefits for any purchase of Merchant Offerings made by its Referee.
  	Benefits in VIP Member Zone: - Entitled to earn Pingo Points if its Referee becomes a VIP Member by purchasing the VIP Merchant Offering
  	Benefits in Pingo Activity Zone: - Entitled to earn Pingo Points if its Referee initiates and conducts any Pingo Activity

• The Pingo Activity is open for all PINGO’s registered Buyer who are ages 18 and above. In the event where the Buyer is under the age of 18, the Buyer must obtain permission/consent of his/her parents or legal guardian to participate in the Pingo Activity in accordance with this Pingo Activity Policy and/or any of the Other Terms. If the Buyer does not obtain permission/consent from his/her parents or legal guardian, the Buyer must stop using/accessing this Platform and/or participating the Pingo Activity.

4.   PINGO ACTIVITY

• PINGO may in its sole discretion, from time to time, conduct various Pingo Activity in any form, mode and manner as it deems appropriate. VIP Member may initiate and conduct Pingo Activity for the Selected Merchant Offering (as hereinafter defined) under the Platform in the form, mode and manner as stipulated by PINGO and in accordance with the terms and conditions of this Pingo Activity Policy, subject to PINGO’s approval. All Buyer shall be entitled to participate in the Pingo Activity conducted by PINGO and/or the VIP Member.
• Any Seller who intends to promote its Merchant Offering may register to participate in the Pingo Activity by providing the details of its Merchant Offering to PINGO for PINGO’s review and approval. Upon PINGO’s approval of the Seller’s Merchant Offering, PINGO shall publish the selected Merchant Offering (“Selected Merchant Offering”) at the Pingo Activity Zone. PINGO reserves the right to edit, vary and/or amend the details of the Selected Merchant Offering before publishing it at the Pingo Activity Zone.

• Selected Merchant Offering

  • The VIP Member shall be entitled to host, initiate and conduct Pingo Activity by selecting the Selected Merchant Offering published by PINGO under the Pingo Activity Zone, subject always to PINGO’s approval. For the avoidance of doubt, the VIP Member shall not without PINGO’s prior written approval initiate and conduct any Pingo Activity for any other Merchant Offerings under the Platform.
  • The sales price of the Selected Merchant Offering (“Sales Price”) which is a discounted value of the retail price of the Selected Merchant Offering shall be set and determined by PINGO in its absolute discretion.

• Eligibility for Participation

  • For each and every Pingo Activity initiated and conducted by the VIP Member, the VIP Member shall only accept ten (10) Listing Application (as hereinafter defined) in accordance with Clause 4.4(b) to ensure that only ten (10) Buyers (“Participant Amount”) participate in the Pingo Activity. In the event that the VIP Member fails and/or is unable to achieve the Participant Amount by securing the participation of ten (10) Buyers for its Pingo Activity within twenty four (24) hours from the time of Listing (as hereinafter defined) (“Listing Period”), the Pingo Activity shall be aborted.
  • The VIP Member will list the Selected Merchant Product and its Sales Price for its Pingo Activity under the Platform (“Listing”), whereby any interested Buyer may participate in the Pingo Activity by clicking on the “Join” link in the Listing and immediately pay for the amount of the Sales Price, either by cash, Pingo Points or a combination of both to PINGO within the Listing Period. Once the Pingo Activity achieves the Participant Amount within the Listing Period, the Listing will be automatically closed for participation (“Listing Completion”). For the avoidance of doubt, the participation of the Buyer shall only be confirmed upon the receipt of the amount of the Sales Price by PINGO in accordance with this clause.
  • Any Buyers who participate in the Pingo Activity will have the chance and opportunity to win the entitlement to purchase the Selected Merchant Products at the Sales Price.

• Award System

  • PINGO’s system will automatically select and draw the result of the winner for the Pingo Activity (“Winner”) upon the Listing Completion. The criteria and terms for the selection of Winner of each Pingo Activity shall be determined by PINGO in its sole discretion.
  • There shall only be four (4) Winners out of the ten (10) Buyers under the Participant Amount, for each and every Pingo Activity, whereby the Winner shall be granted the Selected Merchant Products. For the avoidance of doubt, save and except for the payment of the Sales Price submitted by the Winner for the Listing Application and the delivery and shipping costs as stipulated under Clause 4.5(d), the Winner will not be required to pay any additional amount to obtain the Selected Merchant Products.
  • The remaining six (6) Buyers under the Participant Amount who have not been selected as the Winner in the Pingo Activity shall be deemed as promoter (“Promoter”), and shall be entitled to a full refund of the Sales Price paid by the Promoter during registration in the form of Pingo Points, equivalent to the amount of the Sales Price, and an additional Pingo Points amounting to the value of seven (7%) of the Sales Price as consolation reward for the Runner-up’s participation in the Pingo Activity (“Additional Entitlement”). The Buyer hereby acknowledges and agrees that decision on all matters relating to the Pingo Activity (including without limitation, the Winner selection process, the result of Pingo Activity and/or any resolutions made) is final and binding. Any letters, enquiries, appeal or protest will not be entertained by PINGO. The Buyer further agrees that no action will be taken against PINGO and/or its affiliates and the Buyer shall not make any oral or written complaints to the public in any form whatsoever during or after the Pingo Activity.
  • The Winner’s names will be notified or announced by PINGO by such mode and in such manner as may be determined by PINGO, from time to time, in its sole discretion (“Announcement”). Upon the Announcement being made by PINGO, the Pingo Activity shall forthwith end (“Completion”), and PINGO will arrange for delivery of the Selected Merchant Product to the Winner’s last known delivery address as provided and stated by the Winner in the Buyer’s account, whereby the Winner shall pay for all costs for delivery and shipping of the Selected Merchant Product to the Winner’s delivery address to PINGO.
  • The Selected Merchant Offering will be delivered to the Winner by courier or post or any other mode of delivery as may be prescribed by PINGO in its sole discretion. Where PINGO elects to send the Selected Merchant Offering by courier or post to the Winner, PINGO shall not be responsible for the safe and effective postal delivery of the Selected Merchant Offering due to inaccurate or incorrect contact and delivery details provided by the Winner.
  • All Selected Merchant Offering are awarded on an “as is” basis and are strictly not transferable and exchangeable for cash, credit, other items or voucher, in part or in full.
  • The Winner shall be responsible for any and all taxes (including customs duties) payable as a result of the Selected Merchant Offering being awarded or received, if any. All Selected Merchant Offering are accepted entirely at the risk of the Winner and PINGO excludes all warranties in connection with the Selected Merchant Offering to the extent permitted by law. In this connection, the Winner may be required to execute a deed of release and indemnity in a form as may be prescribed by PINGO, if so required, in order to receive the Selected Merchant Offering.

• Seller’s Entitlement

  • For every Pingo Activity conducted by the VIP Member, PINGO shall pay the Seller an Income (as hereinafter defined) after PINGO’s receipt of a written confirmation from the Buyer, in accordance with the following manner and formula (“Seller Payment”): -

    Income = Total Sales Price - Allocated Marketing Margin

    Whereby: -

    “Allocated Marketing Margin” means the total costs of the Selected Merchant Offering, amounting to 30 % of the product selling price.

• Other’s Entitlement

  • For every Pingo Activity conducted by the VIP Member, PINGO shall derive the Net Profit (as hereinafter defined) from the Pingo Activity in accordance with the following manner and formula: -

    Net Profit = Allocated Marketing Margin - Additional Entitlement

  • The Net Profit derived by PINGO from each of the Pingo Activity shall be distributed by PINGO to the following parties, entities and/or organizations (“Designated Recipient”), in accordance with the following manner (“Net Profit Distribution”): -

    Designated Recipient	Percentage of the Net Profit (%)
    VIP Member who initiated and conducted the Pingo Activity	PINGO shall distribute 38.4% of the Net Profit, in the form of Pingo Points, as bonus reward to the VIP Member who initiated and conducted the Pingo Activity
    VIP Member or Normal Member who procures any Referee to initiate and conduct the Pingo Activity	PINGO shall distribute 5% of the Net Profit, in the form of Pingo Points, as bonus reward to the VIP Member or Normal Member who procures any Referee to initiate and conduct the Pingo Activity. For the avoidance of doubt, the Referee who initiates and conducts the Pingo Activity must be a VIP Member instead of a Normal Member

• PINGO shall distribute the Net Profit obtained from the PINGO Activity to the Designated Recipient in accordance with Clause 4.7 above. Notwithstanding any provisions in this Agreement, in the event that any portion of the Net Profit shall be unapplicable and unutilized for distribution to the Designated Recipients, such unutilized portion of Net Profit shall belong to PINGO.
• PINGO may at any time, publicize, broadcast or otherwise disclose a Winner’s name, likeness, statements, photo or any recording of their voice in advertising or promotional activities concerning the winning of the Pingo Activity (“Identity”). The Buyer hereby acknowledges and agrees to the use of his/her Identity for the purpose of advertising, trade or promotion by PINGO without any additional compensation. Further, PINGO is authorized to process the personal data provided by the Buyer pursuant to the Pingo Activity in accordance with its Privacy Policy which can be found on https://www.pingo.shopping/privacy-policy.
• Each Pingo Activity may be subject to compatibility or technical limitations. In this connection, certain Pingo Activity may require the automatic download and installation of other software and/or updates on the Buyer’s device and the Buyer hereby consents to such automated updates. PINGO does not guarantee any service uptime or availability and shall not be liable for any downtime or disruption of the service in connection with the Pingo Activity.
• The Buyer shall at all times, in the course of participating the Pingo Activity, adhere to the mechanism and rules of the Pingo Activity as may be determined and prescribed by PINGO in its sole discretion, comply with and agree unconditionally to all the decisions made by PINGO in connection with the Pingo Activity. The Buyer shall not hold PINGO liable any matter resulting or incidental to the decisions made by PINGO.
• All specific terms and conditions that are attached to the Selected Merchant Offering whether imposed by PINGO or its affiliates or sponsorships (if any) (“T&C”) must be adhered to by the Winner. PINGO reserves the right to withhold the Selected Merchant Offering if the Winner breaches and/or fails to comply with any of the provisions of the T&C. For the avoidance of doubt, any product liability claims in relation to the Selected Merchant Offering shall be referred to the manufacturer of such Selected Merchant Offering and PINGO shall not be made liable for any matter resulting or incidental to the ownership, possession or use of the Selected Merchant Offering (whether known or unknown).
• All recording, transportation, accommodation, personal costs and/or any other costs, fees and/or other expenses that are incurred to participate in this Pingo Activity and to redeem the Selected Merchant Offering are the sole responsibility of the Winner.

5.   REPRESENTATIONS AND WARRANTIES

• The Buyer hereby represents and warrants to PINGO that: -

  • the Buyer has met all the eligibility criteria and has the right, authority and power to enter into the Pingo Activity in accordance with this Pingo Activity Policy; and
  • all statements made by the Buyer to PINGO are true, accurate and complete.

• The Buyer hereby unconditionally and irrecoverably agrees and acknowledges that: -

  • the Buyer has read and understood this Pingo Activity Policy and other rules and regulations of the Pingo Activity as may be published on the Platform (if any) and agrees to abide by its terms and conditions accordingly;
  • all Selected Merchant Offerings to be awarded in the Pingo Activity is contingent upon the accuracy of the information provided and disclosures made by the Buyer and the full and complete performance of the Buyer’s warranties, undertakings and obligations made hereunder;
  • the Buyer shall not in any event, bring PINGO or its affiliates into disrepute, either directly or indirectly;
  • the Buyer shall not without the prior written consent from PINGO publish or disclose any information in connection with the Pingo Activity or the Selected Merchant Offerings; and
  • where applicable, at all times and whether in the course of the Buyer’s performance in the Pingo Activity or otherwise, the Buyer is not allowed to give any expression, demonstrate any support or associate himself/herself in any way, whether verbally or otherwise, with any cause, issue, movement or material which may be sensitive, anti-establishment, critical or anti-government or which may be offensive, cause disharmony or upset to any sector of the public or which may jeopardize or prejudice PINGO in any way.

6.   RIGHTS OF PINGO

• PINGO and/or the VIP Member reserves the rights to introduce the Pingo Activity (individually or collectively) at intervals of its choice. PINGO may, at its sole discretion, at any time and without notice to the Buyer and/or the VIP Member, withdraw, modify, suspend, discontinue, cancel or delete all, or any part of the Pingo Activity, this Pingo Activity Policy and/or other terms and conditions governing the Pingo Activity. Such modification or suspension shall not give rise to any claim by the Buyer and/or the VIP Member. If the Pingo Activity is resumed by PINGO, the Buyer and/or the VIP Member shall abide by PINGO’s decision regarding the resumption of the Pingo Activity and its disposition of the Selected Merchant Offering.
• PINGO reserves the right, in its sole discretion, to disqualify any Buyer’s eligibility for participation in the Pingo Activity and to revoke the Selected Merchant Offering of such Buyers who are found or suspected of tampering with the Pingo Activity’s submission process, the operation of this Pingo Activity or in violation of this Pingo Activity Policy. In the event of a disqualification after the Selected Merchant Offering has been awarded, PINGO reserves the right to demand for the return of the Selected Merchant Offering or payment of its value from the ineligible or disqualified Buyer.

7.   LIABILITY

• In no event shall PINGO be responsible for any risk or be liable for any claim, liability, demand, expenses, loss, costs or damage incurred by the Buyer as a result of, or in connection with the Pingo Activity, the redemption of Selected Merchant Offering and any technical issue arises, including but not limited to technical malfunction of the network, server failure, network disruption lost, delayed or corrupted data or other malfunction that may lead to an interference to the Pingo Activity.
• To the fullest extent permitted by applicable laws, the Buyer agrees to indemnify, defend, and hold harmless PINGO, its affiliates, directors, employees, agents, licensors, officers, from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to the participation in the Pingo Activity or the acceptance/redemption of any Selected Merchant Offerings including but not limited to personal injury and damages to property and regardless of whether it is direct, consequential or foreseeable.
• The Buyer shall further indemnify PINGO, its affiliates, directors, employees, agents, licensors, officers, from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, suffered thereby as a result of the violation of this Pingo Activity Policy and/or the other rules and regulations of the Pingo Activity by the Buyer.

8.   VARIATION

• PINGO reserves the rights at any time, at its sole discretion, to change, amend or otherwise modify any part of this Pingo Activity Policy by posting the revised Pingo Activity Policy on the Platform, and such amendments are effective as of the date of posting. The continued usage of the Platform after the revised Pingo Activity Policy is posted constitutes the agreement to, and acceptance of, the revised Pingo Activity Policy.