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 Policies Terms. This Pingo Activity Policy shall form an integral part of the Terms of Service.
• 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.

2.   ELIGIBILITY

• To be eligible in participating the Pingo Activity, the user must be registered as a member on the Platform in accordance with the Terms of Service.
• The Pingo Activity is open for all PINGO’s registered user who are ages 18 and above. In the event where the user is under the age of 18, the user 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 Policies Terms. If the user does not obtain permission/consent from his/her parents or legal guardian, the user must stop using/accessing this Platform and/or participating the Pingo Activity.

3.   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 Product (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 users shall be entitled to participate in the Pingo Activity conducted by PINGO and/or the VIP Members.

• Selected Product

  • A VIP Member shall be entitled to host, initiate and conduct Pingo Activity by selecting the list of products and services published by PINGO (“Selected Product”), to be the subject matter of a Pingo Activity, 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 products and/or services under the Platform.
  • The sales price of the Selected Product (“Sales Price”) which is a discounted value of the retail price of the Selected Product shall be set and determined by PINGO in its absolute discretion.
  • There are three types of Pingo Activity and the number of participants required and number of winners to be selected are as shown in the table below.

  Pingo Activity	Participant Amount	Winner Amount
  10 pax Pingo Activity	10 users	4 users
  5 pax Pingo Activity	5 users	2 users
  3 pax Pingo Activity	3 users	1 users

• Participation Method

  • For each and every Pingo Activity initiated and conducted by the VIP Member, the VIP Member will list the Selected Product and its Sales Price for its Pingo Activity under the Platform and select the number of participants allowed for the said Pingo Activity (“Participant Amount”) (collectively referred to as “Listing”).
  • Any interested user 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 or Pingo Points to PINGO, within the prescribed period as may be determined by PINGO from the time of Listing (“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 user shall only be confirmed upon the receipt of the amount of the Sales Price by PINGO in accordance with this clause.
  • In the event that the VIP Member fails and/or is unable to achieve the Participant Amount by securing the required number of participants for its Pingo Activity within the Listing Period, the Pingo Activity shall be aborted.
  • Any users who participate in the Pingo Activity will have the chance and opportunity to win the entitlement to purchase the Selected Products at the Sales Price.

• Award System

  • (a)PINGO’s system will automatically select and draw the result of the winner for the Pingo Activity (“Winner”) upon the Listing Completion. The number of Winner for each Pingo Activity depends on the type of Pingo Activity conducted as per Clause 3.2(c) above. The criteria and terms for the selection of Winner of each Pingo Activity shall be determined by PINGO in its sole discretion.
  • (b)The Winner shall be granted the Selected Products. For the avoidance of doubt, save and except for the payment of the Sales Price submitted by the Winner for the Pingo Activity and the delivery and shipping costs as stipulated under Clause 3.4(d), the Winner will not be required to pay any additional amount to obtain the Selected Products.
  • (c)The users who have not been selected as the Winner in the Pingo Activity shall be deemed as runner-up (“Runner-up”), and shall be entitled to a full refund of the Sales Price paid by the Runner-up during registration, and an additional Wallet 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 user 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 user further agrees that no action will be taken against PINGO and/or its affiliates and the user shall not make any oral or written complaints to the public in any form whatsoever during or after the Pingo Activity.
  • (d)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 Product to the Winner’s last known delivery address as provided and stated by the Winner in the user’s account, whereby the Winner shall pay for all costs for delivery and shipping of the Selected Products to the Winner’s delivery address to PINGO.
  • (e)The Selected Products 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 Products by courier or post to the Winner, PINGO shall deliver the Selected Products in accordance with the Delivery Policy. The Selected Products shall be further subject to the terms and conditions of the Refund Policy.
  • (f)All Selected Products 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.
  • (g)The Winner shall be responsible for any and all taxes (including customs duties) payable as a result of the Selected Products being awarded or received, if any, unless otherwise notified by PINGO such as promotion for free delivery on case by case basis. All Selected Products are accepted entirely at the risk of the Winner and PINGO excludes all warranties in connection with the Selected Products 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 Products.

• VIP Member’s Rewards

  • For every Pingo Activity conducted by the VIP Member, PINGO shall award the VIP Member with such Pingo Points as set out in the Membership Policy.

• General Terms of Pingo Activity

  • 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 user 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 user pursuant to the Pingo Activity in accordance with its 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 user’s device and the user 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 user 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 user 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 Products 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 Products 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 Products shall be referred to the manufacturer of such Selected Products and PINGO shall not be made liable for any matter resulting or incidental to the ownership, possession or use of the Selected Products (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 Products are the sole responsibility of the Winner.

4.   REPRESENTATIONS AND WARRANTIES

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

  • the user 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 user to PINGO are true, accurate and complete.

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

  • the user 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 Products to be awarded in the Pingo Activity is contingent upon the accuracy of the information provided and disclosures made by the user and the full and complete performance of the user’s warranties, undertakings and obligations made hereunder;
  • the user shall not in any event, bring PINGO or its affiliates into disrepute, either directly or indirectly;
  • the user shall not without the prior written consent from PINGO publish or disclose any information in connection with the Pingo Activity or the Selected Products; and
  • where applicable, at all times and whether in the course of the user’s performance in the Pingo Activity or otherwise, the user 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.

5.   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 user 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 user and/or the VIP Member. If the Pingo Activity is resumed by PINGO, the user and/or the VIP Member shall abide by PINGO’s decision regarding the resumption of the Pingo Activity and its disposition of the Selected Products.
• PINGO reserves the right, in its sole discretion, to disqualify any user’s eligibility for participation in the Pingo Activity and to revoke the Selected Products of such users 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 Products has been awarded, PINGO reserves the right to demand for the return of the Selected Products or payment of its value from the ineligible or disqualified user.

6.   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 user as a result of, or in connection with the Pingo Activity, the redemption of Selected Products 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 user 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 Products including but not limited to personal injury and damages to property and regardless of whether it is direct, consequential or foreseeable.
• The user 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 user.

7.   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.