Sime Darby Property (“SDP”) Elmina Lakeside Festival at City of Elmina
Terms & Conditions
- Overview
- Please read all the terms and conditions below ("Terms") carefully. Each individual who registers to participate in the SDP Elmina Lakeside Festival at City of Elmina ("the Event") (and, where applicable, in the case of a participant below the age of 16 years, the participant's parent, guardian or legal representative) ("Participant") declares and acknowledges to have read, understood and agreed to the Terms below and undertakes to comply with and be bound by the same.
- The Event is organised on behalf of Sime Darby Property Berhad (”Event Organiser”).
- The Event will be held on 7th and 8th December 2024. The Event Organiser reserves the right to postpone or cancel the Event at any time.
- Registration for the Event is required and is available on the Event Organiser’s official website.
- Eligibility
- The Event is open to all, and each Participant shall attend the Event on his or her own free will.
- The Event is open to Participants of age 4 years old and above. Participants below the age of 16 years old MUST be accompanied by at least ONE adult Participant of 18 years old and above who will at all times be responsible for their safety.
- Registration for any Participant below the age of 18 years old shall be completed by their legal parent or guardian and who must submit relevant indemnity declaration forms upon registration failing which, the Event Organiser reserves the right to deny entry to any Participant.
- Personal Data
- By signing up for and providing any information, personal or otherwise, in order to gain access to participate in
the Event or any activity(ies) relating to the Event or involving the Event Organiser and the Event sponsors (if
any), the Participant is deemed to have agreed/given his/her consent, permission and authority to the Event
Organiser, its agent(s) and/or contractor(s) to collect, process, organise and retain personal data relating to that
Participant ("Personal Data") and is deemed to have read and understood the Event Organiser’s Privacy Notice
published at https://sdpcorpsecurestore1.blob.core.windows.net/sdpcorpwebsite/pdf/PDPA.pdf
and the Participant agrees to the processing of Personal Data in accordance with the said Privacy Notice.
- By signing up and providing Personal Data, the Participant also agrees that the Personal Data may be used by the Event Organiser for the purposes of:
- Marketing - sending communication materials to the Participant,
including but not limited to, direct mailers, emails, short messaging
service and/or telephone calls.
- Statistical analysis for planning and improvement of the Event or
future events.
- The Event Organiser may disclose or release the Participant's
Personal Data, if the Event Organiser reasonably believe that it is
necessary, desirable or required to do so by applicable law or
governmental regulation or by any competent body or authority, or by
legal process, or to respond to any claim, or to protect the rights,
interest or property of the Event Organiser or others.
- General
- The Event Organiser may commission or use the services of third parties
in the planning and coordination or as part of the Event.
- The Event Organiser reserves the right to modify or substitute any of the
Terms or any other rules and regulations of the Event from time to time and
at any time as it may deem fit. All decisions of the Event Organiser shall
be final and binding.
- The Event Organiser reserves the right to change the date and/or venue of the Event or to postpone or cancel the
Event due to unforeseeable circumstances or circumstances beyond the control of the Event Organiser (e.g. due to the
occurrence of any incident, condition or event which, in the Event Organiser's sole opinion, renders it impossible
or unsafe to hold or continue the Event such as haze, storm, rain, inclement weather, wind, act of God, terrorism,
incidents involving death or personal injury, or other conditions) at any time without prior notice to the
Participant, and the Event Organiser shall reasonably endeavour to inform the Participant prior to the date of the
Event where such circumstances have arisen prior to the Event. If the Event has to be postponed or cancelled, there
shall be no refund of fees and the Event Organiser shall not be liable for any loss or inconvenience caused. Any
updates on the Event including any changes to the Terms will be posted on the Event Organiser’s official website. It
is the responsibility of the Participants to keep abreast of such updates and changes.
- The completion and submission of the Participant’s online registration confirms the Participant's agreement to abide
by the Terms and any other rules and regulations of the Event Organiser. The Event's registration will be confirmed
via confirmation email ("Confirmation Email"), which will be sent to the email address submitted by the Participant.
The Confirmation Email is the only valid proof of confirmed registration/official receipt and must be presented by
the Participant for event venue entry on the day of the Event.
- The Participant agrees to provide information that is true, accurate, current and complete. The Event Organiser may contact the Participant from time to time by email for verification purposes. Any notice sent to the email address registered with the Event Organiser shall be deemed as received by the Participant.
- Once the Participant's online registration has been processed, there will be no fee refundable to Participants who wish to withdraw their participation from the Event or are unable to attend the Event for whatever reason.
- The Event Organiser reserves the right to limit and/or refuse entry without giving any reason or notice.
- The Event Organiser reserves the right to cancel, defer and or add any
event category without prior notice to the participant.
- Participants are strictly prohibited from transferring their Event
registrations to another party after his/her online registration is
confirmed.
- The Event Organiser reserves the right to amend the “Elmina Lakeside Festival” vehicle and pedestrian routes
("Routes") as it deems fit whether for the safety of the Participants and/or to prevent any potential hazards in the
running of the Event or otherwise, at any time without prior notice to the Participant. In such event, every effort
will be made to inform the Participant prior to the date of the Event.
-
Road closure, where applicable will be lifted after completion of the event. The Routes will not be guarded by road marshals after the closure time at 11.30pm on 7th and 8th December 2024. As per the instruction by the authorities, Participants are not allowed to remain on the Routes after the closure time. If any Participant proceeds to remain after the closure time, it will be at the Participant’s own risk.
-
Participants must at all times follow the respective Routes, the direction of security officials, traffic management officials, officials and any enforcement officers.
-
Participants must retire from the event immediately if required to do so by any member of the “Elmina Lakeside Festival” officials/medical staff or security officers.
-
The Event Organiser reserves the right to use any photographs, images, motion pictures, recordings, and/or any other media records of the Event (including those of the Participant and of his/her name and other information without any compensation or payment or any prior notice), for any legitimate purpose including commercial advertising and distribution by the Event Organiser in any form of media or medium and for such duration as the Event Organiser deems fit whether within Malaysia or elsewhere.
-
In regard to the Purchaser’s online registration, the Event Organiser is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorised access to, or alteration of user communications, or any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the internet and/or the Event's Official Website.
-
Only Participants who have completed the check-in process at the Registration counters will be entitled for one-time only Gashapon machine turn or equivalent early bird redemption kit subject to stock availability on a first come, first serve basis.
- Assumption of Risks, Waiver & Release of Liability:
- The Participant accepts and agrees that:
- the Event carries certain inherent dangers and risks which may or
may not be readily foreseeable, including without limitation to personal
injury, damage to property or death; and
- his/her participation in the Event is voluntarily in spite of the
potential risks and danger.
- The Participant warrants that he/she is in good physical condition and has or
will make sufficient preparations and is able to safely participate in the
Event. The Participant is fully aware of the risks and hazards inherent in
participating in the Event, including the possibilities of serious physical
trauma, injury or death.
- It is the responsibility of the Participant to advise the Event Organiser
prior to the start of the Event of any pre-existing medical conditions,
disability, relevant medications being taken and allergies that may be relevant
in the administration of any medical assistance, or in his/her ability to take
part in the Event.
- In consideration of the Event Organiser accepting the Participant’s
registration for the Event and/or participation in the Event, the Participant
(which includes his/her heirs, personal representatives, executors and
administrators), the Participant agrees as follows:
- the Participant accepts and assumes all of the risks and dangers and
any potential risks and dangers in connection with the Participant's
participation in the Event;
- to the fullest extent permitted by applicable law, none of the
Event Organiser, online registration company, sub-contractors, all
municipal agencies and relevant authority whose property or personnel
are used, all sponsors, co-sponsors and other companies, parties and
individuals related to the Event, and their respective directors,
officers, employees, agents, representatives, volunteers, related
corporations, subsidiaries and affiliates (collectively "Released
Parties") shall be responsible or liable in any manner for any costs,
expenses, loss, damages, liabilities, injury or death suffered or
incurred by the Participant arising out of or in connection with the
Participant’s participation in the Event;
- the Participant fully and forever releases the Release Parties
from any and all liability of whatsoever nature and howsoever arising,
INCLUDING ANY NEGLIGENT RESCUE OPERATION and any other form of
negligence and is intended to be as broad and inclusive as is permitted
by the applicable laws in Malaysia in which the Event is conducted;
- The Participant waives and relinquishes the Participant’s right to
sue or take any action or proceeding against the Released Parties (or
any of them) for any and all claims, demands, losses or damages of the
Participant on account of any injury, death, damage to property or any
other cause of action, which is caused or alleged to be caused in whole
or in part by the negligence, fault, act or omission of the Released
Parties (or any of them) or otherwise.
- The Event Organiser shall not be held responsible for any lost,
damaged or stolen property during the Event.
- Miscellaneous
- The decision of the Event Organiser on any and all matters in connection
with the Event shall be final and binding.
- The Terms and all documents concerning the Event shall be governed by and
construed in all respects in accordance with the laws of Malaysia. By
registering for the Event, the Participant shall be deemed to have agreed to
submit to the exclusive jurisdiction of the courts in Malaysia.
