KANYA KANYA PROMOTION
TERMS AND CONDITIONS
1. Participation Rules
1.1. Your participation in” 29429 KANYA KANYA” promotion ("the Promo"), the downloading of any information and/or application and use of any of the Promo's services are strictly subject to these terms and conditions.
1.2. Any reference to terms and conditions means the terms and conditions contained in this communication.
1.3. By participating in the Promo, you acknowledge that you have read and understood the terms and conditions and agree there to.
1.4. By utilizing the services and participating in the Promo, you warrant that you have the legal capacity to enter into this agreement, are of sound mind and capable of taking responsibilities for your actions.
1.5. The Promo reserves the right to terminate or restrict your access to any service offered by it, at any given time. In the event of a termination, the Promo will be in consultation with BCLB.
2.1. The Promo is controlled, operated and administered by Royal Media Services Limited from its offices, as set out below, within the Republic of Kenya. All references to Royal Media Services Limited shall include reference to any of Royal Media Services authorized agents and partners for purposes of the Promo.
2.2. Participation in the Promo is limited to subscribers of Safaricom and Airtel being KENYA cellular communication networks / companies. Participation in this promotion shall be restricted to the Kenyan territory ONLY. Participants must be the registered owners of the lines that they use for participation in this promotion.
2.3. The Promo service is subject to KENYAN legislation and changes there to.
2.4. Royal Media Services Limited reserves the right to, at any point in time, terminate the promotion. In the event of a termination of the promotion Royal Media Services will be in consultation with BCLB.
3. Operation and mechanics
3.1. To enter, you are required to send the word INOORO to the short code number, “29429”, via a short message service ("SMS").
3.2. Once registered, the subscriber will receive the first multiple choice questions via return SMS base on the previous day’s programming.
3.3. The subscriber will answer the multiple choice question by responding with either A or B. The subscriber is required to answer one question to enter the draw.
3.4. The subscriber will receive another SMS telling them whether their answer was correct or wrong in the previous question as well as giving them an option of the next question.
3.5. If the subscriber sends in anything else that is not an answer in the form of A or B, or A. (Answer) or B. (Answer) on the same day that they received a question, the system will resend the previous question that they were asked until they send the answer in the correct format.
3.6. Royal Media Services Limited shall not be held liable for any failed SMS, including SMS's not received, for whatever reason.
3.7. SMS charges, being the participation cost, shall be KSH.5 including VAT per SMS sent to 29429 which shall be charged against your cellular communication account with the relevant network service provider, and/or deducted from the available credit if you make use of a pre-paid service.
4. Payment Processing
4.1. Winners of the daily prizes will be contacted on the cellular number from which the SMS referred to in clause 3.1 was initiated.
4.2. By participating in the Promo, you acknowledge and agree that your cellular phone number shall be used as the sole verification method. The Promo shall not be responsible to verify the identity of the mobile device holder, from which the SMS was initiated, or to confirm that it is indeed the holder who initiated the SMS.
4.3. It is your sole responsibility to ensure safekeeping of your mobile device and you indemnify the Promo against any claim whatsoever as a result of payment of any prize money by any method by virtue of third parties having gained access to your mobile device.
4.4. All prize money shall be paid by way of electronic fund transfer, alternatively, by way of cheque or other chosen secure payment mechanism. No cash payments will be made.
4.5. Should any prize winner elect to receive his/her prize by way of a cheque, such winner shall be required to collect the cheque from the offices of Royal Media Services every day between 10am and 2pm, within 3 (three) months from the date on which such person was notified of his/her prize. All prizes should be claimed within 3 (three) months after the end of the promotion.
4.6. The mobile device, from which the SMS referred to in clause 3.1 was sent, shall be used for identification and verification purposes and upon collection of the cheque the holder of the device shall be deemed to be the person who initiated the SMS and who is entitled to the prize.
4.7. You will be required to furnish Royal Media Services Limited with your name, address, banking details, and a copy of your identification document and agree to provide Royal Media Services Limited with such other information as may be required from time-to-time, in Royal Media Services Limited's sole discretion, before payment of any prize money.
4.8. Daily winners will be selected by a random computerized selection application and the outcome, as may be communicated by Royal Media Services Limited from time-to-time, shall be final. Royal Media Services Limited reserves the right to conduct a re-run of the random selection process, in the event that it suspects, in its sole discretion, any malfunction, or nefarious conduct during the selection process. In the event of any re-run of the promotion Royal Media Service will be in consultation with BCLB.
4.9. The selection of Daily winners will be communicated to Betting Control and Licensing Board (BCLB) on each day of the draw
By participating in the Promo, you agree that Royal Media Services Limited may print, publish, broadcast and use, worldwide, in any media at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation.
6.1. Royal Media Services Limited is entitled to cede and assign any of its rights and obligations in respect of these terms and conditions or in respect of any of the services related thereto.
6.2. You are not entitled to cede and/or assign any of your rights acquired in relation to the Promo without first obtaining Royal Media Services Limited's express written consent.
7. Nefarious conduct
7.1. You agree not to attempt to exploit any error, virus, bug, defect, or inconsistency ("Bug") found on any aspect of the Promo to your advantage, or to the disadvantage of any other participants, at any time. Furthermore, you agree to report any such Bug to Royal Media Services Limited, immediately upon discovery thereof.
7.2. You will not make any attempts to circumvent the random selection system developed by the Promo in selecting a daily or grand prize winner, or manipulate the outcome of any draw or activity.
8. Disclaimer and limitation of liability
8.1. Although Royal Media Services Limited has taken care to ensure that the content provided on the site is accurate and that you suffer no loss or damage as a result of your use of the site or participation in the Promo, your participation and use of the site and the services provided by the Promo, is entirely at your own risk and you assume full responsibility for the risk of loss resulting from your use of the site or participation in the Promo and your reliance on the material and information contained on the site or the sites of online partners, or suppliers, vested thereon.
8.2. Royal Media Services Limited will not be liable for any damage whatsoever relating from your use of the site or participation in the Promo or the services, or the information contained on the site, or your inability to use the site or participate in the Promo, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, tort or otherwise and regardless of whether Royal Media Services Limited was expressly advised of the possibility of such loss or damage, without derogating from the generality of the foregoing, Royal Media Services Limited shall not be liable for:
8.2.1. Any interruption, malfunction, downtime or other failure of the site or any service offered by Royal Media Services Limited;
8.2.2. Any content on a third-party or online partner, supplier or agent site or service;
8.2.3. Any content or remarks that take place on a chat room or other device used for the transmission of messages hosted by a third party;
8.2.4. Any loss or damage which arises from your orders, purchases or disposal of goods and services, from third parties, based upon the information provided on the site;
8.2.5. Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; negligence on our part;
8.2.6. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site or service;
8.2.7. Unauthorized access to or alteration of your transmissions or data;
8.2.8.Statements or conduct of any third party on the service;
8.2.9. Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
8.2.10. Any other matter relating to the site, the service, or any event over which Royal Media Services Limited has no direct control.
8.3. You indemnify Royal Media Services Limited, its employees, suppliers and representatives against any loss (including consequential loss), damage, cost, claims, or expense incurred by you or any third party as a consequence of you participating in the Promo.
8.4. For purposes of the terms and conditions, "the Promo" shall be interpreted to include the site, the hosting of the Promo and any other service rendered by Royal Media Services Limited to you.
9. Amendments to terms and conditions
9.1. Royal Media Services Limited may amend the terms and conditions from time-to-time. By accessing the site, or participating in the Promo, you are bound to the version of the terms and conditions published on the site at such time. You agree to view the current version each time you access the site, or participate in the Promo.
9.2. A certificate signed by the administrator responsible for maintaining the site will be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions.
10. Links to other sites. Some of the sites listed as links are not under the control of Royal Media Services Limited. Accordingly, Royal Media Services Limited makes no representations whatsoever concerning the content of those sites. The fact that the Promo has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation by Royal Media Services Limited with respect to such site, its owners, or its providers. Royal Media Services Limited is providing these links only as a convenience to you. Royal Media Services Limited has not tested any information, software or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet, and Royal Media Services Limited cautions you to ensure that you completely understand these risks before retrieving, using, relying upon or purchasing anything via the Internet.
11. Intellectual Property
11.1. Royal Media Services Limited or its suppliers retain all copyright and other intellectual property rights in all software, material, including logos and other graphics and multimedia works published on the site or downloaded there from.
11.2. The logos and trademarks shown on the site are the registered and unregistered trademarks of Royal Media Services Limited and/or it's suppliers.
11.3. The content contained in sponsor advertisements or information presented to you through the site or service is proprietary and subject to intellectual property laws.
11.4. You agree not to modify, rent, loan, sell, distribute, commercialize, translate, reverse-engineer, decompile, disassemble, or in any way create derivative works based on the site, service or the software, in whole or in part.
11.5. Subject to these terms, Royal Media Services Limited grants you a limited, non-exclusive, non-transferable personal license to access and use the site and the materials and services contained therein. Royal Media Services Limited provides the materials and services available on the site for your personal, non-commercial use. Any unauthorized use of the site or in any of the materials or services contained therein and offered by Royal Media Services Limited shall result in immediate termination of this limited license. The license is granted for the use and access of the site and the services for its intended purpose only.
If any portion of the terms and conditions is deemed void or unenforceable, then such provision shall only be deemed severable from the remainder of the terms and conditions and shall not affect the enforceability or validity thereof.
13. Communications, Commercial communications and Privacy
13.1 Royal Media Services Limited will never divulge, share or sell your personal information to any third party whatsoever other than publishing photographs of winners in the media and on our website. Your personal information will also be used as is necessary to process the Promo and communicate the results.
13.2 By making use of any of Royal Media Services Limited’s services including but not limited to, SMS games/competitions, web or WAP platforms and social networks, the user allows Royal Media Services Limited the right to communicate with themselves by various means including but not restricted to SMS, telephonic and platform communications.
13.3 By making use of any of Royal Media Services Limited’s services including but not limited to, SMS games/competitions, web or WAP platforms and social networks, the user agrees to opt-in to Royal Media Services Limited’s commercial communication messages and promotions (from but not restricted to partner companies and Royal Media Services Limited themselves). Said communications will occur from time to time via one of the communication mediums mentioned in 13.2.
13.3.1 Royal Media Services Limited will ensure that no adult or graphic material is ever communicated to you without your explicit consent.
13.3.2 Royal Media Services Limited will ensure that all campaigns mentioned in 13.3 will at all times be moderated and controlled, ensuring that no false advertising is broadcast to any of Royal Media Services Limited’s community and that full retail prices are always included and will not be misleading.
13.3.3 Royal Media Services Limited will never communicate any commercial messages to a user between the hours 22:00 and 06:00.
13.4 Royal Media Services Limited will assume that any user making use of its services mentioned in 13.2 understands that the Royal Media Services Limited’s platform is an opt-in mobile marketing base through which they will be targeted with various communications mentioned in 13.3 in an ongoing effort to enrich the lives of each of Royal Media Services Limited’s users by providing easy access to great deals and market offerings through targeted non-intrusive marketing.
13.5 the Promo users will be able to opt-out of any commercial messaging by means of sending an SMS containing the word ‘STOP’ to the short code number “29429”. At such time, the said user will be removed from Royal Media Services Limited’s database for the Promo with immediate effect and no questions asked.
14. Contact details. In the event that you need to contact the Promo for purposes related to these terms and conditions, please use the following:
Call Centre Number: 0704 242 400