Terms & Conditions
Updated 26 April 2022
1. INTRODUCTION
The App
Surprize is an interactive mobile phone application (the “App”) developed by Surprize Pte Ltd (the “Company”). The App is a mobile phone application available on iPhone and Android and users of the App (“Users”) can play games on the App. Users who win will receive various merchandise and consumer products (“Products”) which will be delivered to consumers free of charge (“Prizes”) in consideration of the winner submitting a Review (as defined below).
Prizes and services
The Company is a technology company that does not directly provide merchandise and consumer products promoted on the App.
The service of the Company is to assist manufacturers or distributors of merchandise and consumer products (“Merchants”) to gain exposure to the public by giving away their Products to Users who win the Game Wheel (as defined below) through the use of the App (“Services”) but does not nor is it intended to sell, distribute or provide Products or any act that can be construed as such.
The Company is not responsible nor liable for the acts and/or omissions of any Users, Merchant and/or any Prizes
Users
These terms and conditions “Terms” govern our relationship with Users.
By using or accessing the App including without limitation (a) registering as a User; or (b) using the App, Users are deemed to have agreed to and be bound by these Terms, as updated from time to time which shall be deemed to be a contract between the relevant User and the Company.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS THIS APP.
2. DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms:-
"Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.
"Game” means a game that is offered by the App for a player to play in order to be eligible for the Game Wheel.
“Game Session” means a game from a selection of games chosen by a Player on the App. Players have to complete the game in a limited time in order to be eligible for the Game Wheel.
“Game Session Winner” means Players who complete a Game Session and are eligible for the Game Wheel.
“Game Wheel” means a virtual wheel in the App pursuant to which a Game Wheel Winner can spin the Game Wheel to win a guaranteed prize which may be the Customer’s Product.
“Game Wheel Winners” means a Game Session Winner who has spun the Game Wheel and who won a Prize. Game Wheel Winners are entitled to accept or reject a Prize provided that in the event a Game Wheel Winner rejects a Prize, then the Prize will made available to other Game Session Winners.
“Intellectual Property” means all intellectual property rights including all letters patent, patent rights, trademarks, service marks registered designs, design rights, copyright and all other similar proprietary rights, all rights of whatsoever nature in computer programs, firmware, microcode and other computer software and data, and all intangible rights and privileges of a nature similar to the foregoing, and whether or not registered and including but not limited to all granted registrations and all applications for registration in respect of any of the same.
“Losses” means all losses, settlement sums, costs (including legal fees and expenses on a full indemnity basis as well after as before judgment), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
“Password” refers to the valid password that a User who has an Account with App may use in conjunction with the Username to access the App.
“Personal Data” has the meaning ascribed thereto in the PDPA and includes your name, e-mail address, billing address, shipping address, phone number and credit card information.
“Review” means a review of the Prize by the Game Wheel Winner which is required to be submitted via the App no later than 30 days after receiving the Prize. After submission of a Review, Players will be awarded one Ticket for use in future Game Wheels.
“Player(s)” means a person who has registered an account with the App and accepted all the Player terms and conditions therein. Only Players are eligible to participate in a Game Session.
“Prize” means a product from Merchant that is given to a Game Wheel Winner free of charge.
“Ticket” means the game currency used to gain entry into the Game Wheel.
“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the App.
“Username” refers to the unique login identification name or code which identifies a User who has an Account with Surprize.
“you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
3. LICENCE
3.1. The Company grants you a worldwide, non-exclusive, royalty-free revocable licence to download and use the App for your personal use in accordance with these Terms.
4. COMPANY’S ADVERTISING REVENUE
4.1 The company does not charge Users a fee for using the Services. However, in consideration of the Company providing the Services, you agree and acknowledge to the Company that in the event of receiving a Prize, you will submit a Review no later than thirty (30) days of receipt of the Prize.
4.2 The Company does not sell your Personal Data. The Company will charge Merchants to sponsor their Products as Prizes in order to gain market exposure and reviews. The Company will then give away Merchant’s Products to Game Wheel Winners.
4.3 The Company also provide Merchants with reports about the performance of their Products and Reviews to help them understand how Users are interacting with their Products.
5. INTELLECTUAL PROPERTY AND LICENCES
5.1 The trademarks, service marks, and logos (“Trademarks”) contained on or in the App are owned by the Company, the Merchants or third-party partners or clients of the Company. Users cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of the Company or the Merchants.
5.2 By using the App, you also give the Company permission to show your username, profile picture and information about your Games next to or in connection with ads, offers and other sponsored Merchant content.
6. REGISTRATION
6.1 Users are required to provide their real names and details when registering for a User account on the App (“Account”) including their names, date of birth, email addresses, contact details and password (“Personal Information”).
6.2 In connection with the foregoing, Users are deemed to warrant and represent to the Company that such Personal Information is accurate and up to date.
6.3 By registering an Account with the Company, Users also agree to the following:
(a) they will not provide any false personal information on the App, or create an Account for anyone other than themselves without permission;
(b) they will not create more than one Account;
(c) if the Company disables their Account, they will not create another one without our permission;
(d) in the case of individuals, they will not use the App if they are under 18;
(e) they will keep their Personal Information accurate and up-to-date;
(f) they will not share their password, permit unauthorised access their Account, or do anything else that might jeopardise the security of their Account;
(g) they will not transfer their Accounts to any other parties without first getting the prior written consent of the Company; and
(h) if they select a username or similar identifier for their Account, the Company reserves the right to remove or reclaim it if the Company believe it is appropriate.
6.4 Access to and use of the App and/or use of the Services are restricted to Users with Accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this App and/or Services through any means not intentionally made available by us for your specific use.
6.5 A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
7. GAMES
7.1 When a User logs into the App, a selection of Games will appear on the dashboard for the User to select.
7.2 Users have to complete the selected Game within the timeframe specified on the dashboard in order to be a Game Session Winner.
7.3 Game Session Winners will automatically be brought to the Game Wheel section of the App to spin the Game Wheel to win a guaranteed Prize.
7.4 Upon the Game Wheel allocating the Prize to the Game Wheel Winner, the Game Wheel Winner shall click the “Accept” or “Reject” button below the Prize.
7.5 In the event a Game Wheel Winner rejects a Prize (“Rejecting Game Wheel Winner”), the Prize will made available to other Game Session Winners and the Rejecting Game Wheel Winner will not be allowed to spin the Game Wheel Winner a second time.
8. PERSONAL DATA
8.1 The Company may collect the Personal Information which Users provide when Users use our Services, including when Users sign up for an Account, play Games on the App and communicate with us for delivery of the Prizes.
8.2 Users are deemed to have agreed that the Company may collect, use and disclose Personal Information, as provided in the registration section, for the purposes of processing your application for registration with the Company, the administration of your Account and delivery of Prizes, and unless you inform us otherwise, by registering for an Account Users consent to us to sending them information about Merchants.
8.3 The Company may also collect information about how Users use our App, such as the types of content viewed, the likes and comments, or engage with or the frequency and duration of their activities.
8.4 The Company may collect information from or about the computers, phones, or other devices where you install or access our App, depending on the permissions you have granted. The Company may associate the information the Company collect from your different devices, which help us provide consistent Services across your devices. Here are some examples of the device information the Company collect:
(a) attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers;
(b) device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals; and
(c) connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP addresses.
9. UNDERTAKINGS
By using the App, Users are deemed to warrant, represent and undertake to us as follows:-
9.1 Illegal or unauthorised acts
By using the App, Users agree not to do any of the following:-
(a) they will not post unauthorised commercial communications on the App;
(b) they will not collect other Users’ content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
(c) they will not upload viruses or other malicious code onto the App;
(d) they will not solicit login information or access an Account belonging to someone else;
(e) they will not bully, intimidate, or harass any User or Merchant;
(f) they will not post content that is hate speech, threatening, or pornographic, incites violence or contains nudity or graphic or gratuitous violence;
(g) they will not use the App to do anything unlawful, misleading, malicious, or discriminatory;
(h) they will not do anything that could disable, overburden, or impair the proper working or appearance of the App, such as a denial of service attack or interference with functionality; and
(i) they will not facilitate or encourage any violation of these Terms.
9.2 Infringement of other user’s rights
(a) Users shall not post content or take any action on the App that infringes or violates someone else's rights or otherwise violates the law.
(b) the Company reserves the right to remove any content or information you post on the App if the Company believe that it violates these Terms.
(c) If the Company removes your content for infringing someone else’s copyright, and you believe the Company removed it by mistake, the Company will provide you with an opportunity to appeal.
(d) If you repeatedly infringe other User’s Intellectual Property, the Company will disable your Account when appropriate.
(e) If you collect, use or disclose information including personal data (as defined in the Personal Data Protection Act 2012 of Singapore) from other Users, you agree and undertake to us that you will: obtain their consent and expressly make it known that you (and not the Company) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
(f) You will not post anyone's identification documents or sensitive financial information on the App.
10. USE OF APP
10.1 Availability of App and Services
The Company may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the App or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the App or any part of the Services.
10.2 Right, but not obligation, to monitor content
The Company reserves the absolute and unconditional right to:
(a) monitor, screen or otherwise control any activity, content or material on the App. The Company may in our sole and absolute discretion, investigate any violation of the Terms and may take any action it deems appropriate;
(b) prevent or restrict access of any User to the App;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) request any information and data from you in connection with your use of the App at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if the Company have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
11. PRIZES
11.1 Product description
While a Merchant must provide an accurate description of their Products, the Company does not warrant or represent that such description is accurate, current or free from error.
11.2 Prices of Prizes
All Prizes are sponsored by Merchants and are given free of charge (including delivery to Game Wheel Winner’s residence) to Game Wheel Winners.
11.3 No representations or warranties
11.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Prizes or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known by Merchant and/or the Company.
12. LIMITATION OF LIABILITY
12.1 The use of the App is at the user’s own risk.
12.2 As a provider of interactive services, the Company is not liable for any statements, representations relating to Products and/or Prizes provided by Merchants in the App.
12.3 The Company accepts no responsibility for Products and/or Prizes offered to Game Wheel Winners in the App.
12.4 Without prejudice to the generality of the foregoing, the Company does not warrant:
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the App;
(b) that the App will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that the App are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the App, and you accept the risk that any information transmitted or received through the App may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
12.5 The Company expressly disclaims:-
(a) all liability whatsoever to the extent permitted by law whether arising in contract, tort or otherwise in relation to the use of the App and the Products; and
(b) all implied warranties, terms and conditions relating to the App and the Products (whether implied by statute or common law) including without limitation any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, non-infringement and information accuracy of Prizes.
12.6 In particular but without prejudice to the foregoing, the Company accepts no responsibility for any technical failure of the internet, data transmitted through the App or the failure of the App or any damage or injury to Users, Merchants or their equipment as a result of or relating to their use of the App.
12.7 The Company will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App and the Products, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
12.8 The Company will not be liable for and shall not be included as a party to any disputes or legal proceedings between a User and a Merchant.
12.9 For the avoidance of doubt, in the event the Company is liable to you directly or indirectly in relation to the App, the Company’s liability shall be limited to $500.
13. GENERAL
Amendments to Terms
The Company reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page.
You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App.
No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of the Company.
Indemnity
By using the App, each User and Merchant is deemed to have agreed to indemnify the Company in full and on demand from and against any damages, losses, liabilities, claims, actions, proceedings, costs (including legal costs on a full indemnity basis as well after as before judgment) and expenses which the Company may suffer or incur relating to, in connection with, arising from such User’s or Merchant’s use of the App.
Termination
If a User violates any of the Terms, or otherwise create risk or possible legal exposure for us, the Company can stop providing all or part of the App and/or the Services to you.
The Company will notify you by email or at the next time you attempt to access your Account and the Company can terminate such User by suspending their account.
No Waiver
Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
Governing law
These Terms shall be governed by and construed in accordance with Singapore law and you agree to submit to the exclusive jurisdiction of the Singapore Courts.