GameZBoost Promo Terms and Conditions
NOTE:
A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks Proprietary Limited ("MTN") and IMI Mobile Proprietary Limited ("IMI") together referred to as the ("Promoters") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoters and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoters may also have claims and other rights against you.
B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
C. Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.
SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE CLAUSES 2,3,4 5,7,10,11 ,12 AND 13
1 Introduction
MTN will offer customers who subscribe to the GameZBoost promotions and tournaments over the course some exciting prizes including cash prizes (“the Promotional Offer”);
2 Duration
The Promotional Offer information is as follows (“Promotional Period”):
2.1 Start Date: as per the details on the GameZBoost.MTNPlay.co.za/tournaments info page;
2.2 End Date: as per the details on the GameZBoost.MTNPlay.co.za/tournaments info page;
2.3 Format: as per the details on the GameZBoost.MTNPlay.co.za/tournaments info page;
2.4 Game: as per the details on the GameZBoost.MTNPlay.co.za/tournaments info page;
3 Who is Eligible?
3.1 be a South African citizen;
3.2 be residing in South Africa;
3.3 be a natural person;
3.4 be 18 years or older;
3.5 Be an MTN subscriber (PayAsYouGo, TopUp or Contract); and
3.6 subscribe to GameZBoost, the GameZBoostsubscription costs R3.03 per day;
4 Prizes:
4.1 Winner: as per the details on the respective tournament info page;
4.2 Runner-Up: as per the details on the respective tournament info page;
4.3 3rd Place: as per the details on the respective tournament info page;
4.4 only 1 prize may be one by any single person, this will be confirmed once the winners provide identification documentation;
4.5 the winner will need to provide identification and confirmed address details to receive the prize;
4.6 NB! Prizes will be shipped to the winners closest Postnet branch, should a physical prize be won;
5 Subscribers must play the following games to qualify for the tournament rounds;
5.1 Tournament Game - as per the game that is displayed once the tournament goes live on the GameZBoost.MTNPlay.co.za tournament info page;
6 Applicable rules for participation;
6.1 Winners will be announced within 72 hours from the date that the tournament ends, as the highest score at midnight on the last day of the tournaments;
6.2 The Promoter will keep the tournament games secret until the tournament goes live;
7 Subscribing to the MTN GameZBoostService;
7.1 In order to Subscribe to the Service a User must subscribe by;
7.2 Going onto http://mtnplay.co.za/portal/jqm.aspx?typxm=gamezboostsubscribecheck and selecting “Join now”;
7.3 Dialing *123*2# and selecting the GameZBoostoption to subscribe. Dialing the direct USSD dial string *464*369# and selecting option 1 to subscribe;
8 Unsubscribing from the MTN GameZBoostService;
8.1 Customers may unsubscribe by dialing *123*2#, selecting option 11 and selecting the service they would like to unsubscribe from;
8.2 Customer may also make use of the MTN Play Mobi site http://mtnplay.co.za/portal/jqm.aspx?typxm=mymtnplay to unsubscribe to the service;
9 RICA
9.1 In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate you as a customer on the MTN network;
9.2 MTN is obliged by law not to activate your SIM card on the MTN network if you have not complied with the RICA registration requirements;
9.3 By law, if a SIM card is lost, stolen or damaged, you are required to immediately notify the South African Police Services in writing. You will also have to immediately notify MTN and request the SIM card to be suspended;
9.4 If you wish to transfer/sell your SIM card to another person (other than a family member), you are required to contact your Service Provider to report such a transfer to MTN, and MTN is required by law to deactivate the SIM card. Before the new holder of the SIM card can use the SIM card, they must provide proof of their full names, surname, Identity Document number and residential address to an approved MTN RICA officer to register them as a customer on the MTN network. Once they have complied with RICA, and the RICA information is received by MTN, MTN will reactivate the SIM card;
9.5 If you change ownership to a third party, the Promotional Offer is not transferable;
9.6 Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider or see www.mtn.co.za for details;
10 Cancellation
10.1 Qualifying Customers may cancel their Promotional Offer by contacting the MTN stores or call centres.
10.2 Qualifying Customers are bound to the cancellation provisions contained in their MTN Subscriber Contract Terms and Conditions, which includes, but is not limited to, the liability of cancellation charges.
11 Modification of Terms and Conditions
11.1 MTN reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotional Offer, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.
11.2 See www.mtn.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the above mentioned website or elsewhere in any media.
11.3 MTN reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.
11.4 MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
11.5 As changes will be posted on www.mtn.co.za, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.
12 Limitation of Liability
12.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 9.2 and 9.3 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):
12.2 if MTN does not supply or deliver any device or SIM card/s on the required date or time; or
12.3 if the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
12.4 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
12.5 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or
12.6 as a result of the use of any device supplied to you by MTN relating to this service.
12.7 Clause 12.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or
13 General
13.1 MTN, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of a person receiving the Prize and/or the terms and conditions of this Promotion. Furthermore, you will be solely responsible for all products used by you. Accordingly, the MTN takes no responsibility for any loss or damage, or any MTN airtime associated with the SIM card and/or cellphone number. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons participating in the Promotion hereby expressly indemnify the MTN in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
13.2 See www.mtn.co.za for Promotional Offer rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.
13.3 MTN shall be entitled to terminate the Promotional Offer if any customers is involved in any fraudulent activity or suspected fraudulent activity.
13.4 The entrants that wins the prizes at the Live Challenge finals agree that he / she is not eligible to WIN another prize in any draws within a 12 month period.
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