STANDARD TERMS AND CONDITIONS FOR COMPETITIONS
Introduction
1. These are the standard terms and conditions for competitions conducted or promoted by or in association with the MultiChoice Africa Group ("MultiChoice"). These terms and conditions may change from time to time.
2. Where a particular competition has specific terms and conditions, in the event of inconsistency between these standard terms and conditions and the competition terms and conditions, the competition terms and conditions shall prevail.
3. Any relaxation or indulgence which MultiChoice may show participants to the competition at any time in regard to these terms and conditions is without prejudice to, and does not constitute a waiver of, any rights MultiChoice may have either in terms of these terms and conditions or any law.
4. If any provision of these terms and conditions is found to be wholly or partly invalid, unenforceable or unlawful, then the terms and conditions will be severable in respect of the provision in question to the extent of its invalidity, unenforceability or unlawfulness; and the remaining provisions of the terms and conditions will remain in full force and effect.
5. The rule of construction that these terms and conditions will be interpreted against the party responsible for the drafting or preparation of the terms and conditions will not apply.
6. MultiChoice may cede any of its rights and/or assign any of its obligations under these Terms and Conditions to any person.
Entry
7. Your entry into the competition constitutes your binding acceptance of the terms and conditions on behalf of yourself and any person with whom you may share a prize (in the event that you win a prize which is for you and one or more additional persons ("your partner").
8. MultiChoice reserves the right to exclude any person from participating in the competition on reasonable grounds.
9. The competition is not open to -
9.1. directors, members, partners, agents, employees or consultants of the Naspers Group of companies or any supplier of goods or services in connection with a competition; and
9.2. the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 3.1 above.
10. Entrants under the age of 18 must obtain permission from their parents or guardians to enter the competition. MultiChoice reserves the right to verify the validity of such approvals.
11. Unless expressed otherwise in any specific competition rules, you may not participate in or win a competition if you have won a competition promoted by us within the past six months. You will be eligible to participate in a competition promoted by us after the expiry of six months after the date on which you won the last competition.
12. If you use a mobile phone for entry into the competition, the telephone calls I text messages you make will be charged at the prevailing rates, which may vary from time to time. "Free" minutes under a cell-phone contract do not apply.
13. It is your responsibility to ensure that your entry is received by us prior to the closure of the competition. Any entries which are not received by us prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. We and our affiliates are not responsible for any entries which are not received by us, whether timeously or at all, regardless of the cause thereof. Without limitation, we and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
14. We and our affiliates are not responsible for any injury or damage to your or any other person's computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the competition.
15. It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date. Such details shall be subject to proof upon request by us and we reserve the right, at any time, to verify the validity of entries and entrants and to disqualify any entry not submitted in accordance with these terms and conditions or which tampers with the entry process.
16. Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. MultiChoice will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize.
17. We do not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that-
17.1. your entry or participation in the competition will necessarily result in you winning a prize;
17.2. a prize, or any aspect thereof, will meet your, or, if applicable, your partner's, requirements, preferences, standards or expectations; or
17.3. a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
18. We and our affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.
Winning the Prize
19. Only an entrant to the competition can be awarded the prize (“the Winner”).
20. The Winner shall be determined in the manner set out in the competition terms and conditions or, if not specified therein, as determined by us.
21. The winners shall be notified by means of the contact details provided to us. If MultiChoice or a third party supplier is unable to reach a Winner at the availed contact details within 30 days, we will be entitled to select another winner. If after successful notification the Winner does not collect the prize within 60 days of the prize being announced, the Winner shall forfeit the prize and we reserve the right to deal with any such unclaimed prize as we deem fit.
22. We may invite you to be present at the determination and/or announcement of Winners, to participate in any of our marketing activities, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of our goods or services, for which no fee, royalty or other compensation will be payable. You may decline such invitation.
23. We may require you to provide such additional information and documentation as we may reasonably require in order to process, confirm and facilitate your acceptance and/or use of a prize. Refusal to provide such requested information or documentation will lead to forfeiture of the prize.
24. Where the Winner is required to claim the prize in person, they must provide proper identification. If the Winner is under the age of 18 years their parents or legal guardian must accompany the Winner or give their prior written consent to the award of the prize.
25. Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item. If due to circumstances beyond our control we are unable to provide the stated prize or any part thereof, we reserve the right to substitute the prize with an item of equal of greater value, to be determined at our sole discretion. A prize may be subject to additional terms and conditions.
26. You may not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it.
27. You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period as may be required by the relevant authorities.
28. In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. MultiChoice will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.
29. You agree that your participation in the competition, and/or your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
MultiChoice’s responsibilities
30. We and our third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us, our affiliates and third party suppliers.
31. We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
32. You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you of a prize.
33. You acknowledge that the acceptance and use of a prize is subject to the proviso that -
33.1. all of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith;
33.2. you will take full responsibility for your partner;
33.3. you indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner suffers any loss or damage pursuant to your partner's acceptance and/or use of a prize;
33.4. any minor will be accompanied by a parent or legal guardian.
34. If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, -
34.1. you will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize);
34.2. you will pay us for any loss or damage incurred by us directly or indirectly as a result of your (or, if applicable, your partner's) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner's) non-compliance; and
34.3. you indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
35. For purposes hereof, "affiliate" means our partners, co-promoters and sponsors of this competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.
36. These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of Kenya.
37. MultiChoice and the judges' decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.
Introduction
1. These are the standard terms and conditions for competitions conducted or promoted by or in association with the MultiChoice Africa Group ("MultiChoice"). These terms and conditions may change from time to time.
2. Where a particular competition has specific terms and conditions, in the event of inconsistency between these standard terms and conditions and the competition terms and conditions, the competition terms and conditions shall prevail.
3. Any relaxation or indulgence which MultiChoice may show participants to the competition at any time in regard to these terms and conditions is without prejudice to, and does not constitute a waiver of, any rights MultiChoice may have either in terms of these terms and conditions or any law.
4. If any provision of these terms and conditions is found to be wholly or partly invalid, unenforceable or unlawful, then the terms and conditions will be severable in respect of the provision in question to the extent of its invalidity, unenforceability or unlawfulness; and the remaining provisions of the terms and conditions will remain in full force and effect.
5. The rule of construction that these terms and conditions will be interpreted against the party responsible for the drafting or preparation of the terms and conditions will not apply.
6. MultiChoice may cede any of its rights and/or assign any of its obligations under these Terms and Conditions to any person.
Entry
7. Your entry into the competition constitutes your binding acceptance of the terms and conditions on behalf of yourself and any person with whom you may share a prize (in the event that you win a prize which is for you and one or more additional persons ("your partner").
8. MultiChoice reserves the right to exclude any person from participating in the competition on reasonable grounds.
9. The competition is not open to -
9.1. directors, members, partners, agents, employees or consultants of the Naspers Group of companies or any supplier of goods or services in connection with a competition; and
9.2. the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 3.1 above.
10. Entrants under the age of 18 must obtain permission from their parents or guardians to enter the competition. MultiChoice reserves the right to verify the validity of such approvals.
11. Unless expressed otherwise in any specific competition rules, you may not participate in or win a competition if you have won a competition promoted by us within the past six months. You will be eligible to participate in a competition promoted by us after the expiry of six months after the date on which you won the last competition.
12. If you use a mobile phone for entry into the competition, the telephone calls I text messages you make will be charged at the prevailing rates, which may vary from time to time. "Free" minutes under a cell-phone contract do not apply.
13. It is your responsibility to ensure that your entry is received by us prior to the closure of the competition. Any entries which are not received by us prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. We and our affiliates are not responsible for any entries which are not received by us, whether timeously or at all, regardless of the cause thereof. Without limitation, we and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
14. We and our affiliates are not responsible for any injury or damage to your or any other person's computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the competition.
15. It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date. Such details shall be subject to proof upon request by us and we reserve the right, at any time, to verify the validity of entries and entrants and to disqualify any entry not submitted in accordance with these terms and conditions or which tampers with the entry process.
16. Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. MultiChoice will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize.
17. We do not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that-
17.1. your entry or participation in the competition will necessarily result in you winning a prize;
17.2. a prize, or any aspect thereof, will meet your, or, if applicable, your partner's, requirements, preferences, standards or expectations; or
17.3. a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
18. We and our affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.
Winning the Prize
19. Only an entrant to the competition can be awarded the prize (“the Winner”).
20. The Winner shall be determined in the manner set out in the competition terms and conditions or, if not specified therein, as determined by us.
21. The winners shall be notified by means of the contact details provided to us. If MultiChoice or a third party supplier is unable to reach a Winner at the availed contact details within 30 days, we will be entitled to select another winner. If after successful notification the Winner does not collect the prize within 60 days of the prize being announced, the Winner shall forfeit the prize and we reserve the right to deal with any such unclaimed prize as we deem fit.
22. We may invite you to be present at the determination and/or announcement of Winners, to participate in any of our marketing activities, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of our goods or services, for which no fee, royalty or other compensation will be payable. You may decline such invitation.
23. We may require you to provide such additional information and documentation as we may reasonably require in order to process, confirm and facilitate your acceptance and/or use of a prize. Refusal to provide such requested information or documentation will lead to forfeiture of the prize.
24. Where the Winner is required to claim the prize in person, they must provide proper identification. If the Winner is under the age of 18 years their parents or legal guardian must accompany the Winner or give their prior written consent to the award of the prize.
25. Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item. If due to circumstances beyond our control we are unable to provide the stated prize or any part thereof, we reserve the right to substitute the prize with an item of equal of greater value, to be determined at our sole discretion. A prize may be subject to additional terms and conditions.
26. You may not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it.
27. You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period as may be required by the relevant authorities.
28. In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. MultiChoice will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.
29. You agree that your participation in the competition, and/or your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
MultiChoice’s responsibilities
30. We and our third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us, our affiliates and third party suppliers.
31. We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
32. You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you of a prize.
33. You acknowledge that the acceptance and use of a prize is subject to the proviso that -
33.1. all of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith;
33.2. you will take full responsibility for your partner;
33.3. you indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner suffers any loss or damage pursuant to your partner's acceptance and/or use of a prize;
33.4. any minor will be accompanied by a parent or legal guardian.
34. If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, -
34.1. you will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize);
34.2. you will pay us for any loss or damage incurred by us directly or indirectly as a result of your (or, if applicable, your partner's) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner's) non-compliance; and
34.3. you indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
35. For purposes hereof, "affiliate" means our partners, co-promoters and sponsors of this competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.
36. These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of Kenya.
37. MultiChoice and the judges' decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.