Terms and Condition

1 . The Contest is organized by Hypergear Malaysia Sdn. Bhd. ("Organizer") and is open to all Malaysians aged 18 and above (as of 2024) residing in Malaysia, except for the employees of the Organizer, including their immediate family members, their business partners, affiliated companies, suppliers/ distributors, promotion / advertising / public relations agencies and other parties involved in this Contest.

2. Contest starts on 18th March 2024, 00:00 am and ends on 30th April 2024, 11:59pm ("Contest Period").

3. Each Participant is only eligible to win ONE (1) prize during the Contest Period. 

4. The Organizer has the rights to cancel or change the closing date of the Contest Period as well as to alter the contest mechanics at any time without notice.

Prizes and Redemption: 

Main prize: 1 x Blueshark R1 (full spec) free rental for 1 year with free dual-battery rental for 1 year [1 winner]

Second prize: 2 x Polar Unite Watch [2 winners]

Third prize: 10 x Hypergear RM200 Gift Card [10 winners]

1. Images of the prizes shown in any promotional materials, advertisements, publicities and other materials relating to this Contest are solely for illustrative purposes only and may not depict the actual prizes.

2. Prizes are subjected to the terms and conditions set by the supplier (if applicable). To the extent permitted by law, the Organiser and its agents are not responsible for all liabilities arising from any deferment, cancellation, delay or changes to the prizes details or any unforeseen circumstances beyond the reasonable control of the Organiser and for any act or default by any vendor or third party supplier.

3. To the extent permitted by law, the Organiser shall not be liable for any loses or damages which occur during the prizes redemption/delivery process. Any other additional costs (for example: travel expenses) involved to redeem or to collect the prizes shall be fully borne by the Winner.

4. All decisions made by the Organiser in connection with the Contest including but not limited to the selection of Winner and the prizes are final, conclusive and binding. Any correspondences, inquiries, appeal or objection from the Participant shall not be entertained.

5. Prizes are not exchangeable for cash (if any). The Organiser shall be entitled to replace the prizes with other prizes of the same value with prior notification at its sole and absolute discretion

6. Participant is required to provide valid identification document during or prior to prizes redemption. This is to validate the identity of the Contest’s Participant/Winner. Proof of Purchase which is faded or damaged will be deemed invalid and will be disqualified.
7.The Grand Prize winner is subject to the terms and conditions set forth by Blueshark Malaysia. By accepting to the grand prize, the winner agrees to tbe abide by and be bound by all such terms and conditions as may be outlined by Blueshark Malaysia, including but not limited to, eligibility criteria, redemption procedures, and any other relevant regulations governing the use and enjoyment of the prize. The Grand Prize winner further understands that failure to comply witb Blueshark Malaysia’s terms and conditions may result in forfeiture of the prize and any associated benefits.

Blueshark Terms & Conditions

Blueshark agrees to loan one vehicle Blueshark R1, 12 months free dual-battery rental and one set of charging kit (hereinafter referred to as “Products”) to Winner for 12 months from date of collection at no additional cost. The responsibilities as outlined hereunder are not transferable without the written approval of Blueshark. Blueshark remains the right to make any amendment if they see fits, all terms and condition is subject to change.

Both parties hereby agree that,

1. Duration

Winner shall be responsible to ensure the collection of the Products on COLLECTION DATE and is to return the Products to Blueshark by DATE (“Loan Period”).

2. Considerations and Ethics of Usage

In consideration of Blueshark providing the Products on loan to the Winner, the Winner shall be responsible for the proper use of the Products. Blueshark shall provide an operational manual and Winner is responsible to share this knowledge with anyone who uses the Products. Blueshark disclaims all representations and any use thereof associated with the Products during the Loan Period, including any warranty of fitness for a particular purpose. The Winner agrees to use the Products for personal experiences or non-profit use only and shall not use the Products for any commercial use. In the event of any dispute, Blueshark reserves the right to resolve the matter in accordance with our policies and procedures to the best possible outcome while protecting the rights of all parties.

3. Delivery and Return of Products

The Winner shall be responsible for the safe collection and return of the Products to Blueshark which shall include but not limited to packaging and appropriate shipping during collection from Blueshark and return to Blueshark. Any costs incurred in the process of collecting and returning the Products to Blueshark shall be fully borne by the Winner.

Location of Products Collection and Return:

Blueshark Showroom & 3S Centre, No. 1, Block A Putra Park, Jalan Penyair U1/44, Hicom Glenmarie Industrial Park, 40150 Shah Alam, Selangor.

Daily 9am - 6pm, except Public Holidays

4. Products' Condition

Blueshark is responsible to ensure the Products are delivered in tip-top condition and the Winner is responsible to return the Products as when received, except for reasonable wear and tear. The Winner and Blueshark shall jointly conduct the necessary inspection and agree on the condition of the Products upon collection and return and agree on the same in writing. 

In the event that the Products are damaged, the Parties agree to jointly conduct the necessary investigation to determine the root cause of the damages. The Parties shall agree on the outcome of the investigation and in the event the root cause of the damages is found to be due to the Winner’s negligence, the Winner shall endeavour to bear the costs for rectification of the damages. However, in the event the root cause of the damages is due to technical fault or Blueshark’s negligence, the Winner shall not be held liable for the costs to rectify the damages of the Products.

5. Governing Law and Jurisdiction

The construction, validity and performance of this Loan Agreement shall be governed in all aspects by the laws of Malaysia. The Parties are to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Malaysia for any proceedings in connection with this Loan Agreement. The Parties shall comply with all country, federal, state, county, and municipal laws, ordinances, and regulations, if any, applicable to the handling and usage of the Loan Agreement and the Products.

6. Indemnification

The Winner agrees to indemnify, defend, and hold Blueshark harmless from any damages, losses, claims, causes of actions, expenses and liability of any nature whatsoever associated with its use of the Products while under the care, custody, and control of the Winner unless due to technical fault or the negligence of Blueshark. 

Any violation of Blueshark policies and the terms and conditions set forth in any of the agreements or contracts signed with Blueshark, or any act by the purchasing or referring party of an illegal or criminal nature including the misuse, misappropriation and modification of Blueshark vehicles and components will render any of the benefits null and void and may result in legal action against the offenders.

7. Amendment or Modification

This Loan Agreement cannot be amended or modified except with written consent signed by both parties. Any attempt to do so except in accordance with this paragraph shall be void.

8. Intellectual Property

Any intellectual property developed by the Winner during utilizing the Products shall be shared to Blueshark and allows Blueshark with usage for non-profit purpose.

9. Force Majeure

The Winner is not responsible for any loss, damage, or failure to perform if occasioned by fire, flood, explosion, windstorm, riot, war, transportation difficulty or any other cause beyond the reasonable control of the Winner. 

10. Severability

If any of the provisions contained in this Loan Agreement shall for any reason be determined illegal, invalid, or otherwise unenforceable, such provision shall be deemed to have been severed therefrom and the remaining provisions herein shall be continued to be fully valid and enforceable and permissible by law.

 Winner Selection:

All winners will be randomly selected by the end of May 2024, from among all eligible entries received during the campaign. 

Winner Notification:

Winners will be announced on Facebook, Hypergear website. The winners will be notified through email and they will be contacted three times. If any of the winners does not respond in 7 days, Hypergear Malaysia reserves the right to choose an alternate winner or not to award that winner’s prize, in its sole discretion. The decision on all matters including the method of choosing the winners is final. No further correspondence, appeals, protests or attempts to dispute the same shall be entertained.

Personal Data:

i. By participating in this contest, the participant agrees to receive information via electronic mail from Hypergear Malaysia, including special offers from time to time.

ii. The participant consents for Hypergear Malaysia to collect the personal data submitted by the participant during the participant’s participation in the contest, including the participant’s full name, phone number and email address.

iii. The participant agrees to be contacted via email, SMS, phone call, or other forms of electronic communication with regards to the prizes and his/her participation in the contest, by Hypergear Malaysia.

iv. A participant who withdraws his/her consent for collection and use of his/her personal data under this section shall be disqualified from the contest.

Disclaimer:

Hypergear Malaysia reserves the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time and without prior notice. We reserve the right to void suspect entries at issue and to disqualify any individual it finds to be the T&Cs of the contest.

Product Excluded From Contest:

Products excluded from Scan and Win contest are Hypergear Windbreaker Basic, Hypergear Earth Mission Activewear, Hypergear Active Fit Vintage Motor White, Hypergear Active Cool T-Shirt 1203 D/Grey, Hypergear Active Fit Vintage 1978 Black, Hypergear Active Fit Saber Shield Blue/SV-S, Hypergear Active Cool T-Shirt 925 White, Hypergear Active Cool T-Shirt 616, Hypergear Active Cool T-Shirt 1907 Black, Hypergear Active Cool T-Shirt 616 Red, Hypergear Active Cool T-Shirt S777 Blue, Hypergear Active Fit Saber Shield Black/GN, Hypergear Active Fit Saber Shield Drago Black/ Gold-S, Hypergear Active Fit Saber Shield Drago Red/Gold-S, Hypergear Active Fit Saber Shield Black/WH, Hypergear Active Fit Saber Shield Red/Gold-S, Hypergear Active Cool T-Shirt 1888 Red, Hypergear Active Cool T-Shirt 1888 C/Blue, Hypergear Active Cool T-Shirt 1103 C/Blue, Hypergear Active Cool T-Shirt 1103 C/L Blue, Hypergear Active Cool T-Shirt 1203 Black, Hypergear Active Cool T-Shirt S777 Grey, Hypergear Active Cool T-Shirt S6103 Black, Hypergear Active Cool T-Shirt S6103 Blue, Hypergear Active Cool T-Shirt 925, Hypergear Active Cool T-Shirt 1907 White, T-Shirt Oxygen Tank, T Shirt 2 Lines, T Shirt Aero, T Shirt 1 Line, T Shirt Extreme and Beyond Black, T Shirt LaVictory, Hypergear Strap, Duffel Bag Strap, Rain Cover. Hypergear Valentine Pack (King & Queen), Hypergear Valentine Pack (Boy & Girl), Hypergear Valentine Pack (Ketchup & Fries), Hypergear Sanitizer Spray, Hypergear Sanitizer Press, Neo Shield Face Mask (Case Set), Neo Shield Face Cover (Single Pack), Hyperzip W/P Pouch, Multipurpose W/P Pouch, Zoom Lens, Waterproof Earphone, Multipurpose Pouch Medium, Cap Baseball, Cap Motoride, Cap Number 1, Cap Urban Vintage, Cap Star 78, Cap DJ, Cap Tactical Camo, Dry Bag Fun Awesome Design 5L, Dry Bag Summer Time 10L, Dry Bag The Sport 10L, Dry Bag Be Dry 10L, Dry Bag UK 1978 10L, Dry Bag Trip 78 10L, Dry Bag Drag Racing 10L, Dry Bag Flywing 10L, Dry Bag Star Winner 20L, Dry Bag Racing Dev 20L, Dry Bag Wingster Star 20L, Dry Bag Warning 78 20L, Dry Bag Vintage 78 20L, Active Fit Pants, Active Fit Shirt, Active Fit Vest, Active Fit S/Bra, Active Fit Jacket, Hypergear Gift Box, Hypergear Wristband, Hypergear Adventure Band, Hypergear Sports Bottle, Hypergear Hydro Tank Bottle, Hypergear Go Hyper Dry Bag 5L.