1.  These terms and conditions apply to all competitions featured in any publications and online services that are organised by APaylater Financials Pte Ltd or its affiliates (“Atome”) (or a third party on Atome’s behalf).

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2.  By entering a competition, entrants accept these terms and conditions together with any specific instructions and terms for such competition which may be mentioned in any electronic messages, or on the website, or communicated to entrants in any other way (“competition information”). Such competition information shall prevail in the event of there being any inconsistency between these competition terms and conditions and any competition information.

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3.  Atome may cancel or amend any competition, competition information, or these terms and conditions without prior notice. Any changes will be posted either within the competition information or these terms and conditions. It is up to entrants to ensure that they review and comply with any additional terms and conditions.

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Competition Entry

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4.  Competitions are open to all residents of [Singapore]. Atome may ask competition winners for proof of Singapore residency and if a competition winner is unable to prove their residency to Atome’s satisfaction, Atome reserves the right to select an alternative winner. There is no minimum age limit unless specified otherwise in the competition information. Employees and members of their immediate families (including any live-in partner or household member) of any of the following may not enter:

(1)  Neuroncredit Pte Ltd;
(2)  Subsidiaries of Neuroncredit Pte Ltd;
(3)  Any company involved in the organisation, management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries;
(4)  Any company involved in any capacity in the sponsorship of a competition or competition prize.

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5.  Entrants may only enter the competition in their own name.

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6.  The opening and closing dates and times for entries are as indicated in the competition information. Any entries received before the opening and after the closing of the competition will be invalid and will not be entered into the competition.

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7.  By entering the competition entrants warrant that all information submitted by them is true, current, and complete. Entrants also warrant that they have all the necessary consents in relation to their entry into the competition, that they are the copyright owners of any copyright works submitted, e.g. photographs and drawings, and Atome’s use of such works in full or in part (which entrants hereby permit) will not infringe the rights of any third party. Entrants shall indemnify and hold harmless Atome for any losses suffered by Atome as a result of a breach by entrants of any warranty or agreement in these Terms and Conditions.

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8.  Any limit on the number of entries a person or household may make will be clearly stated in the competition information. Entries received that exceed this limit will be invalid and will not be entered into the competition.

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9.  Entry to the competition may only be made through the applicable method(s) indicated in the competition information. Not all of the following methods of entry may be available for entry to each competition. The following terms and conditions will apply where the method is indicated as being available in the competition information. Where entrants pay an entry fee, they must have the permission of the bill payer before entering; otherwise the entry will be invalid.

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10.  Neither Atome nor its employees, agents, nor any other party or organisation involved in the management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries involved in the competition (“Atome Parties”) will accept responsibility or liability for any failure, delay or error on the part of any such Atome Party that is caused by an event beyond such Atome Party’s reasonable control, including but not limited to floods, typhoons, earthquakes, wars or hostilities, acts or threats of terrorism, hacking or attempts at hacking, riots, social unrest, protests, strikes, any regulatory or enforcement actions, acts of government, epidemics, embargoes, fires, other acts of God, nuclear disaster any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of network availability, server functions (including but not limited to security functions by software used by Atome or any third party), virus, malware, trojans or bugs.

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11.  Entries submitted through agents or third parties or in bulk (i.e. more entries than a human being could submit in the time available without the use of software or other devices designed to make automated entries or, in the case of postal entries, more than one entry submitted under the same postage stamp) will not be accepted. Entrants may enter as many times as they like unless otherwise indicated in the competition information but no more than one prize per person per competition will be awarded.

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12.  Any entries which are incomplete, incorrect, inaudible, incomprehensible, or not received by Atome will be void.

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13.  In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry or any answers given by entrants (if applicable), or the operation of any part of the competition (in the case of postal entries, a postal strike for example), network or phone system, the decision of Atome shall be final and no correspondence will be entered into.

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 14.  Atome will not be liable to reimburse expenses incurred in making an entry in any competition. Where Atome decides in its sole discretion that an entrant is eligible for a refund, eligibility for refunds will be notified to relevant entrants. Atome reserves the right to refuse to refund any messages where it suspects dishonest or fraudulent conduct on the sender’s part or where the entrant has not complied with the rules of the competition.

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Prizes

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15.  The prize is as specified in the competition information and no alternative will be offered.

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16.  Where the winner is required to speak for the purposes of a film or video production they must appear to be able to communicate clearly and appropriately for the production in question. Atome reserves the right to select an alternative winner in the event that these requirements are not met.

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17.  The process for determining the winner of the prize is as indicated in the competition information. Where the winner is randomly selected from all correct and valid entries, the draw for the winner will take place within [7 days] of the date on which the competition closes (or such other timeframe as may be stated in the competition headline terms).

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18.  Prize draw prizes will be awarded in accordance with the laws of chance and, if required by law or regulation, under the supervision of an independent observer. Any competition requiring a subjective assessment in the selection of winning entries will be judged by Atome or as indicated in the competition information and, if required by law or regulation, an independent judge or a panel including one member who is independent of the competition’s promoters and intermediaries.  Should more prizes be claimed than are available for any reason, a simple prize draw will take place for the available prize(s).

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19.  Atome will attempt to notify the winner within [21 days] after the closing date, or as otherwise indicated in the competition information, and where time is of the essence for such a period as Atome shall in its absolute discretion deem reasonable. The winner will have a specified fixed time period in which to claim his or her prize. If Atome is unable to notify the winner, or if the winner fails to respond within the fixed time period as specified and/or provide an address for delivery of the prize, this may result in forfeiture of the prize and Atome reserves the right to select an alternative winner in accordance with these terms and conditions and the competition information.

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20.  Atome may in its sole discretion refuse to provide a prize, or seek its recovery, in the event of non-entitlement under these terms and conditions or an entrant’s breach of these terms, Atome’s website terms of use, fraud, dishonesty, or other inappropriate or improper conduct including but not limited to the use of technology which enables an entrant to evade charges or entry requirements.

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21.  Any entrant who enters or attempts to enter the Competition in a manner, which in Atome’s determination is contrary to these terms and conditions or by its nature is unfair to other entrants may be removed from the Competition at Atome’s sole discretion.

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22.  Atome reserves the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion, if it believes the Competition is not capable of being conducted as specified in these terms and conditions or in the event of a virus, computer bug or unauthorised human intervention or any other cause that is beyond the reasonable control of Atome that could corrupt or affect the administration, security, impartiality, or normal course of the Competition.

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23.  Atome reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or if such proof is not produced on request or to disqualify the entrant from the competition.

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24.  Atome shall try to deliver the prize to the winner within [28 days] from the date of the draw, unless otherwise specified to the winner. Delivery restrictions may apply. No cash equivalent (where applicable) or alternative prize will be given and the prize is non-transferable and non-exchangeable. However, Atome reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of similar value.

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25.  In relation to all competitions, the first name and surname of the winner may be published by Atome and entrants grant to Atome a non-exclusive, worldwide, perpetual, royalty-free licence to use and publish their entry in whole or in part in any media for the purpose of announcing the winner. The winners may be required to participate in reasonable publicity and agree to the use and publication of their full names and images for promotional and marketing purposes for the current and future seasons of the competition.

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Data Protection and Publicity

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26.  Atome (or any third party nominated by Atome) may exercise its sole discretion to use the winner’s (and (if applicable) their companion’s) name, address, and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.

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27.  Information, data and the caller line identity (“personal data”) which is provided by entrants when they enter will be held and used by Atome and their suppliers and contractors in order to administer the competition. Entrants’ personal data may also be passed to their mobile phone network or to relevant regulatory bodies including the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.

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28.  By submitting their personal details, the entrant agrees to Atome processing those details in accordance with the purposes made known the entrant at the time of collection and in accordance with Atome’s privacy policy which can be viewed at https://atome.sg/en-SG/privacy-policy.

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29.  Atome shall comply with all applicable requirements of the Personal Data Protection Act 2012, any successor legislation or other applicable law.

Liability

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30.  Nothing in these terms and conditions shall exclude or limit Atome’s liability for death or personal injury caused by their staff or supplier’s negligence or for fraud. Subject to this, Atome cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. Atome is not responsible for any 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 web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer, data or mobile telephone related to or resulting from participation or downloading any materials in the competition.

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31.  Atome cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of Atome. Atome will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.

 

Standard terms

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32.  In the event that any entrant does not, or is unable to, comply with and meet these terms and conditions and the competition information, Atome shall be entitled at its sole discretion to disqualify such entrant, without any further liability to such entrant. In these circumstances, any prize(s) won by the entrant may be forfeited and Atome reserves the right to reclaim any prize(s) already distributed to the entrant. Any entrant must comply with any directions given to him or her by Atome including but not limited to any and all relevant laws, rules and applicable regulatory codes.

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33.  The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

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34.  Please note that calls may be recorded to ensure that competition entries are captured, for staff training and quality control purposes.

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35.  These Terms and Conditions shall be governed by and construed in accordance with the law of Singapore, without reference to conflict of laws principles. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their 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 Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference herein. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

36.  These terms and conditions were last updated on 18 May 2020.