TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before confirming your registration and making payment. By completing your registration as a Participant in the Event, you are agreeing to the Terms and Conditions laid out below.

General
1. Bung Sadung Climbathon 2024 (Event) is organised by JAWATANKUASA KEMAJUAN DAN KESELAMATAN KAMPUNG (JKKK) and KAMPUNG BUNGA & MAJLIS DAERAH SERIAN (Organiser) and is hosted by Neupulse Sdn Bhd (BiiB) in accordance with these Terms and Conditions ("T&C") and all other terms and conditions stated hereunder in this Event Website ("Event Page") are applicable to all Participants.
2. By signing up/registering for the Event and submitting information to BiiB through this Event Page and/or any other means, whether for the purpose of registering or otherwise, you signify that you have read, understood and agree to be bound by the T&Cs and the Privacy Policy as published in the official BiiB platform and website ("BiiB Website") in respect of the Organiser's and BiiB's collection, use, disclosure, and any other form of processing of your personal data.
3. Completion of the online registration form herein confirms the Participant's agreement to abide and be bound by these T&Cs.
4. Registration for the Event ("Event Entry") is only confirmed upon payment and issuance of a receipt will be through the Participant's registered email address.
5. The Participant agrees to: (i) provide true, accurate, latest and complete information about the Participant as per the registration form (Section "Personal Information"); and (ii) maintain and promptly update the Personal Information to keep it true, accurate, latest and complete. The Organiser and/or BiiB may contact the Participant from time to time through the official communication channel which is email. Participants may also be contacted via telephone call, or facsimile. Any notice sent to the e-mail address registered for the Event with the Organiser and/or BiiB shall be deemed as received by the Participant.
6. If the Participant provides any information that is untrue, inaccurate, not current and/or incomplete, and/or if the Organiser and/or BiiB have grounds to suspect that such information is untrue, inaccurate, not current and/or incomplete, the Organiser and/or BiiB may suspend or terminate the Participant's registration. The Organiser and/or BiiB are also entitled to disqualify the Participant in the event of the discovery of any such untrue, inaccurate, not current or incomplete information after the Event is completed and/or at any time of such discovery during the Event.
7. The Organiser and/or BiiB reserve the right to modify or substitute any of these T&Cs from time to time as they deem fit. If there is ambiguity in any of these provisions, the Organiser and/or BiiB shall be the authority to interpret and in so doing, the Organiser and/or BiiB will endeavour to take into account the interests of all the affected Participants. Any amendments to these T&Cs will be updated on the Event Page. It is the responsibility of the Participant to keep abreast with any changes.
8. The Organiser and/or BiiB reserve the right to cancel the Event at any time without prior notice to the Participant, in which case they will make reasonable effort to inform the Participant prior to the date of the Event. If the Event is cancelled, there shall be no refund of any fees paid. The Organiser and/or BiiB, Event Partners, Event Sponsors or Co-Sponsors shall not be liable for any loss or inconvenience caused.
9. The Organiser and/or BiiB reserve the right to use any photographs, motion pictures, recordings, or any other media records (including those displaying the Participant) of the Event, for any legitimate purpose, including commercial advertising.
10. The Organiser and/or BiiB reserve the right to limit and/or refuse an Event Entry (or entries) of any Participant without assigning any reason. Any appeal or challenge will not be accepted or entertained.
11. The Organiser and/or BiiB will not entertain nor be in any way responsible for any dispute arising from incomplete Event entry details.
12. The Organiser and/or BiiB is entitled to engage services of any third party services at any point of time during the Event as deemed fit.
Safety
1. The Participant takes part in the Event at their own risk and shall be responsible for their own safety. The Organiser, BiiB, Event Sponsors and/or Co-Sponsors shall not be responsible or held liable for any injury or death howsoever arising from training for or during participation in the Event. The Participant is strongly encouraged to consult their medical practitioner in respect of their health prior to registration and before the Event starts.
2. All Participants shall comply with the Prevention and Control of Infectious Diseases Act 1988 (Act 342) and all regulations made pursuant thereto including but not limited to the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (Movement Control) Regulations 2021 [P.U.(A) 8]. All activities shall strictly be in compliance with any standard operating procedure, guidelines, rules, and regulations imposed by the relevant authorities from time to time. Unless otherwise allowed by the relevant authorities of Malaysia, no Participant shall run in a group or in enclosed any places.
3. Any Participant who has a body temperature exceeding 37.5 degree Celsius or has any Covid-19 symptoms or is tested positive for Covid-19 during the Event shall adhere to the procedures and processes set by the relevant authorities.
4. Any Participant who has been in close contact with a Covid-19 positive person less than 14 days prior to the Event shall also adhere to the procedures and processes set by the relevant authorities.
Eligibility Requirements
1. This Event is open to anyone at any location unless specifically indicated otherwise by the Organiser and/or BiiB.
2. A Participant must be 18 years old and above on the Event day to participate in the Event.
3. If a Participant who is 18 years old and below ("Minor") wishes to participate in the Event, the Minor must seek the written consent of their parents and/or legal guardian. The Organiser and/or BiiB reserve the right to obtain such written consent from the Minor. The Minor and their parents and/or legal guardian shall also be bound by the T&Cs set out herein.
4. Participants are responsible for their own personal health insurance and well-being.
5. The Organiser and BiiB is not responsible for any injury or damage that occurs from training, during or as a result of the Event. Participants are encouraged to consult with their medical practitioner prior to the Event and prior to registering for the Event.
6. The Organiser and/or BiiB reserve all rights to reject and/or cancel any registration of any Participant who fails to fulfil the Eligibility Requirements stated herein.
Registration and Terms of Participation
1. The Registration Period shall be indicated on the Event Page. Any late registrations will not be accepted or entertained and the decision is final.
2. The Running/Challenge Period (start and end date and time) for this Event shall be indicated in the Event Page for each respective Event.
3. Each Participant is allowed to register only one BiiB account and one category per Event . BiiB reserves the right to cancel and/or terminate any registration of entry by any Participant in the event BiiB detects any duplicate entry of registrations.
4. After registration and payment of registration fees, there will be no refund of fees to the Participant for any reason whatsoever. Registration fees and Event Entries are also not transferable.
5. Participants are responsible to ensure that all results for the Event are submitted and/or synced to their registered BiiB account for the Event.
6. Participants shall read and understand the details of the Event as stated in the Event Page and/or this T&C to understand the rules for submitting the activities or step results and syncing ("Results Submissions").
7. Participants shall check their registered email for the Event regularly for any Event update by the Organiser and/or BiiB.
Submissions of Results
1. All results must be synced and/or manually submitted through the submission page ("Manual Submission") through the BiiB Website within the timeframe and/or deadline indicated in the Event Page. Any late submissions and/or syncing will not be accepted or entertained and all decisions are final.
2. It shall be the duty/responsibility of the Participant to ensure that all activities are synced and/or manually submitted to the account registered by the Participant for the Event. Any activities synced and/or manually submitted to an account which is not registered for the Event shall not be accepted. Decision is final and any appeal will not be accepted.
3. It shall be the duty/responsibility of the Participant to ensure that they have read the rules of the Event and submit their results accurately whether in just one activity or an accumulation of activities.
4. For distance-based running Events, the Participant may choose to either sync and/or manually submit their results through the BiiB Website and/or the BiiB App and the Participant's submission must contain the following information: -
  1. Distance;
  2. Duration;
  3. Pace;
  4. Start Date & Time;
  5. End Date & Time; and
  6. Running Route
5. For distance-based cycling Events, the Participant shall only upload their submissions manually from their GPS tracking device onto the BiiB Website and the GPS tracking device and/or tracking application must be a distance tracking app/device instead of only being a step counting device/app. The Participant's submission of results must contain the following information: -
  1. Distance;
  2. Duration;
  3. Speed;
  4. Start Date & Time;
  5. End Date & Time; and
  6. Cycling Route
6. For step tracked step Events, the Participant shall not be allowed to upload and/or submit their activities manually. For such steps challenge Events, only the unedited steps count/activity will be taken into account and not the distance. Participants are only authorised to use Apple Health, Google Fit or Huawei Health app to track their steps and these apps must be synced to the BiiB app.
7. Participants are allowed to register one account and one category only for each Event. The Organiser and/or BiiB reserve the right to cancel and/or terminate any registration entry by any Participant in the event the Organiser and/or BiiB detects multiple registration entries by any one individual.
8. Participants are allowed to submit/sync one result into one BiiB account only. The Organiser and/or BiiB reserve the right to reject and/or disqualify any activities in the event the Organiser and/or BiiB detects that the results are submitted into multiple different BiiB accounts.
9. Participants must ensure that the activities which are submitted and/or synced to BiiB are activities that are tracked and carried out specifically for the event ("Active Activities"). Activities that are tracked over a period of time (eg: tracking the walk while shopping) ("Passive Activities") will not be accepted (unless the event is a Step Challenge based Event). Participants are also encouraged to also read and understand the details and rules in the Event Page to understand all rules for submissions and syncing.
10. Participants are responsible to ensure that their results are well tracked and synced to BiiB. If there is any issue to sync and/or submit their activities, the Participant may submit their activity manually through the BiiB Website and/or application (BiiB App) as a backup, excluding cases for steps events. However, if there are any duplicate activities detected by the Organiser and/or BiiB, the Organiser and/or BiiB reserves the right to reject any such submission and this decision shall be final.
11. The Organiser and/or BiiB reserve the right to check the validity of each activity, submission and results at any time. Submissions which fail to comply with the T&Cs herein and/or the rules stated in the Event Page will not be accepted.
12. Results will be displayed in the Event Page table ranking if the results submitted are found to be true and accurate.
13. Any other rules and regulations mentioned in the Event Page but not mentioned in this T&C are also applicable to the Event. Where the T&Cs outlined in this page differ from the prevailing Event Page details, those contained herein shall prevail.
14. If there is ambiguity in any of the rules and regulations, the Organiser and/or BiiB shall be the authority to interpret and in so doing, the Organiser and/or BiiB will endeavour to take into account the interests of all the affected Participants. All decisions by the Organiser and/or BiiB shall be final.
Cancellation and Disqualification
1. Any Participant who commences the activity before the commencement of the Event OR after the Event OR does not fully complete the distance required will be disqualified, unless approved by the Organiser and/or BiiB.
2. Results as determined by the Organiser and/or BiiB shall be FINAL and no appeal will be allowed. No dispute will be entertained.
3. The Organiser and/or BiiB reserve all rights to disqualify any Participant who is found to be cheating, refusing to adhere to the T&Cs and/or in any way behaving in a manner which the Organiser and/or BiiB in their absolute discretion finds to be offensive or inappropriate.
4. Participants and/or their activities will be automatically disqualified (DQ) if one of the following is identified/occurs:-
  1. Suspicious/faulty results (evidence & data will be collected);
  2. Sharing activities/results between two or more accounts;
  3. Tag along activities and/or
  4. Failure to respond to any clarifications raised by the result enforcement officer within 48 hours upon the receipt of such query from the Participant. The Participant shall be contacted through the official communication channel which is the registered email address.
5. Participants are not allowed to make amendments to their manual submission once it has been submitted. Participants are required to delete the wrong submission and submit their results again immediately. However, if there are any duplicate, incomplete and/or suspicious activities detected by the Organiser and/or BiiB, the Organiser and/or BiiB reserves the right to reject any such submission and this decision shall be final. No further correspondence or appeal will be entertained.
6. The Organiser and/or BiiB reserve the right to disqualify at any time any Participant who is suspected of fraud, or if BiiB believes that the Participant's submission and/or result has been manipulated in any way by machines, computers and/or any other means.
7. The Organiser and/or BiiB reserve the right to make the necessary actions and decisions based on the activity and proof that has been submitted to the Organiser and/or BiiB.
8. Participants who are disqualified will not be eligible for any entitlements, refunds, rewards or prizes. The decision is final and no further correspondence or appeal will be entertained.
Entitlements
1. Where applicable, the Organiser or BiiB will email the E-Certificate to the Participant's registered email address after the Event has ended. E-certificate eligibility will depend on the requirements set by the Organiser.
2. Participants who have not completed the Event in accordance with the Event's requirement set by the Organiser will not be entitled to the E-Certificate.
3. The Entitlement(s) for each Event may differ and the Organiser, at its sole discretion, will decide on the type of Entitlement(s), if any.
Rewards
1. Rewards given out by the Organiser and/or BiiB are on an "as is" basis and are non-transferable, non-refundable and non-exchangeable for cash, items or with vouchers of other denominations, whether in part or in full.
2. Any Reward won which is unclaimed within the specified timeframe by any Participant will be forfeited. The Reward will thereafter be deemed to have lapsed unconditionally and irrevocably. Participants whose Reward has been forfeited or unclaimed are not entitled to any form of payment or compensation from the Organiser and/or BiiB notwithstanding non-receipt of notification by the Organiser and/or BiiB.
3. The decision of the Organiser and/or BiiB shall be final and no further appeal will be entertained.
Entitlement/Reward Criteria
1. The Participants' Entitlement/Reward(s) will be detailed in the Event Page. However, as a general rule, the Entitlement/Reward(s) for the Participant will be based on either the category chosen, price paid and/or the achievement completed by the Participant. Such eligibility will be entirely based on the discretion of the Organiser and/or BiiB.
2. Participants' Entitlement/Reward(s) will be based on ALL of the following criteria: -
  1. Terms and conditions set out for the specific Entitlements/Rewards.
  2. Completion of the requirement set for the Event.
  3. Eligibility of Participants.
3. The Organiser and/or BiiB reserve the right to change any reward/winning criteria of the rewards as they see fit with no notice. The Organiser and/or BiiB's decision is final and no further correspondence or appeal will be entertained.
4. The Criteria of any additional rewards, if any, except for the above mentioned in Section 8(a), 8(b) and 8(c), shall be decided solely by the Organiser and/or BiiB.
Lucky Draw
1. For Events with a Lucky Draw, item(s) given out by the Organiser and/or BiiB are on an "as is" basis and are non-transferable, non-refundable and non-exchangeable for cash, items or with vouchers of other denominations, whether in part or in full.
2. Lucky Draw winners will be selected on a random basis based on certain criteria which will be decided solely by the Organiser and/or BiiB.
3. The Organiser and/or BiiB reserve the right to change any reward/winning criteria of the item(s) as they see fit with no notice. The Organiser and/or BiiB's decision is final and no further correspondence or appeal will be entertained.
4. For the avoidance of doubt, one (1) winner will be entitled to win only once.
5. It is the duty/responsibility of the Lucky Draw winners to read the terms of claiming their winning item(s) which shall be decided solely by the Organiser and/or BiiB.
6. If the item(s) were not claimed within the set timeframe, the item(s) will be considered unclaimed and no longer be given to the winners and are non-transferable, non-refundable and non-exchangeable for cash, items or with vouchers of other denominations, whether in part or in full.
7. All item(s) are non-transferable to another individual and absolutely non-negotiable. The Organiser and/or BiiB will not be held liable for non-receipt of item or damages caused during the delivery process. No replacement and/or exchange of item(s) will be entertained.
Delivery of Entitlement/Reward/Lucky Draw Item(s)
1. The Organiser and/or BiiB reserve the right to appoint a third party vendor or service provider for making available the Entitlement/Reward/Lucky Draw Item(s) and delivery of the parcel(s) containing the Entitlement/Reward/Lucky Draw Item(s) to the Participants. By providing your personal information including, but not limited to, name, delivery address, contact numbers, email address and other information, the Organiser and/or BiiB is authorised to use and/or disclose such information to the third party vendor or service provider for the purposes of delivery service. We do not ship to P.O. boxes and military addresses.
2. The Organiser and/or BiiB shall not be responsible or liable for any delays, damages and/or non-successful delivery of the Entitlement/Reward/Lucky Draw Item(s) due to incomplete, wrong and/or inadequate information provided by the Participants, or due to wrongdoing, damages and/or loss of parcels from the appointed courier service.
3. Participants are responsible to provide true and accurate delivery details and to inform the Organiser and/or BiiB within 30 days from the date of registration if an error has been made in their delivery details during the registration.
4. The Participants are responsible for tracking their own parcel's delivery status and contacting the appointed courier service should there be any other arrangements needed to be made after the parcel(s) has been collected by the courier service. The shipment tracking details will be sent to the Participant's registered email address of the Event, and it is the sole responsibility of the Participant to check their email folders regularly.
5. The Organiser and/or BiiB shall not be liable for the Entitlement/Reward/Lucky Draw Item(s) once the parcel(s) has been delivered.
6. The Participants shall inform the Organiser and/or BiiB of any Entitlement/Reward/Lucky Draw Item defects within five (5) days from the date the item was successfully delivered ("Delivery Date") (as defined by the appointed courier service). Any matters arising after five (5) days from the successful Delivery Date will not be entertained.
7. Delivery fees/shipping charges shall depend on the respective Event and also the discretion of the Organiser and/or BiiB. Participants shall read the Event details on the Event Page carefully in respect of the delivery fees.
8. If there are additional delivery fees/shipping charges needed for international destinations, Participants are required to make payment for such additional fees to the Organiser and/or BiiB. Delivery of rewards to international destinations will not be processed if the additional delivery fees/shipping charges are not paid by the eligible Participant.
9. Re-delivery of returned parcel(s) shall be subject to additional shipping charges to be borne by the Participant. Please contact the Organiser and/or BiiB if you would like re-delivery of the parcel(s).
10. Re-delivery of returned parcel(s) will only be processed within 30 days from the date it is returned to the Organiser and/or BiiB and/or the vendor (as stipulated in Clause 10a). Any parcel(s) not claimed within these 30 days will be considered as unclaimed, and the Organiser and/or BiiB reserves the right to use the Entitlement/Reward/Lucky Draw Item(s) at their own discretion.
11. There will be no more than one attempt to re-deliver the parcel(s). If re-delivery of the parcel(s) is unsuccessful, and if the Participant still wishes to redeem the parcel(s), they shall collect the parcel(s) in person from the designated address to be provided by the Organiser and/or BiiB within 30 days from the date the parcel is returned to the Organiser and/or BiiB and/or the Vendor (as stipulated in Clause 10a above). Any parcel(s) not claimed within these 30 days will be considered as unclaimed, and the Organiser and/or BiiB reserves the right to use the Entitlement/Reward/Lucky Draw Item(s) at their own discretion.
Waiver and Acknowledgment Clause
1. By registering for this Event, you hereby confirm that (1) you have fulfilled the Event requirements as stated in the T&Cs herein and you are in good health and proper physical condition to participate in the Event; (2) you are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair your abilities to safely participate in the Event.
2. You understand and acknowledge that the participation in the Event may involve risks and dangers. You agree that it is your sole responsibility to determine whether you are sufficiently fit and healthy to participate in the Event and that your participation in this event is at your own risk and expense.
3. You agree that (1) you have read and understood the T&Cs herein; (2) you will adhere to and comply with all the T&Cs; (3) you will not in any circumstance hold the the Organiser, BiiB and all personnel involved in organising and/or sponsoring this Event, including their representatives, staff, employees and/or contractors, responsible against any cost and expense, and liability that may arise from your participation in this Event; (4) you expressly waive all claims for any injuries, death, financial losses and invalidity to you or any of you which may be caused by any act, omission, or failure to act on the part of the Organiser, sponsors, their representatives, staff, employees, contractors during the course of the Event; (5) the Organiser and/or BiiB and/or Sponsors/Co-Sponsors for the Organiser and/or BiiB shall have your unequivocal consent to process your Personal Data as defined under the Personal Data Protection Act 2010 for the purpose of the Event and/or for other marketing purposes; and (6) you may receive marketing materials from Sponsors/Co-Sponsors, the Organiser and/or BiiB.
Privacy Statement
1. The Organiser and/or BiiB may collect your data through various ways, including data and information voluntarily provided by you during registration.
2. The Organiser and/or BiiB may process your Personal Data for the following purposes:
  - to verify your identity;
  - to protect your vital interest or the vital interest of another person in a case where the consent cannot be given by or on your behalf (if applicable);
  - to detect and prevent fraudulent activity;
  - the administration of justice or prevention or detection of a crime, investigations, public interest or legal proceedings;
  - the execution of any functions conferred on any person by or under any law or was required or authorised by or under any law or by the order of a court or any administrative or regulatory bodies having jurisdiction over the matter;
  - establishing, exercising or defending legal rights;
  - to contact you and maintain communication with you;
  - our internal record keeping;
  - to send you seasonal greetings, messages or public service announcements; and
  - any other purposes which you have explicitly consent to, whether contained herein or otherwise.
3. The Organiser and/or BiiB may share your personal data with third parties such as Event Sponsors, Co-Sponsors, Partners, etc.
4. You hereby confirm that you have read this Privacy Statement and you fully understand the contents and extent of this Privacy Statement and therefore signify your voluntary, explicit and unconditional acceptance and consent to your Personal Data being processed by the Organiser and/or BiiB and/or third parties (as identified in Clause 12c.) for the purposes set out in this Privacy Statement. This Privacy Statement shall constitute sufficient NOTICE to you in relation to the process of Personal Data by us.
Force Majeure

The Organiser, BiiB, Sponsor and/or Co-sponsor will not be liable for any failure or delay in performing an obligation for an Event that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion.
Jurisdiction

The Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia, and each Participant irrevocably submits to the non-exclusive jurisdiction of the courts of Malaysia.