Rules for the Lifestyle Survey 2022 Competition

 

Please note: Please read clause 8 (Important provisions) which contains important information on the various terms and conditions which may affect your risks or your rights. These have been highlighted in bold text and you should pay special attention to these terms and ensure that you understand them.

 

  1. Introduction and your agreement to these Rules
    1. The Lifestyle Survey 2022 Competition (“Competition”) is promoted by Progressive Tech Holdings, a company registered in accordance with the laws of Mauritius with registration number 117490 C2/GBL (“we” or “us“) which is the company that makes the Ayoba application (“Ayoba App”) available for use on mobile devices supported by us.  
    2. By entering the Competition you agree to the rules set out below (“Rules”). If you do not agree to the Rules, you must not enter the Competition.
    3. There are no entry fees to participate in this Competition.
  2. How long does the Competition last?
    1. The Competition runs from 27 June 2022 to 31 August 2022.
    2. No entries will be accepted after midnight on 31 August 2022.
    3. The Lucky Draw (defined below) will take place on 07 September 2022.
  3. Who can enter the Competition?
    1. You are entitled to enter into this Competition if you are a natural person and are over the age of 14 years old. The Competition is open to participants from  South Africa, Nigeria and Ghana.
    2. If you are under the age of 18 years old, you must ensure that you are assisted by your legal guardian and that your legal guardian consents to your possession of the prize in the event that you are a winner.  
    3. You are not entitled to participate in this Competition if you are a director, member, partner, employee, agent of, or consultant of:
      1.  PTH; 
      2. the supplier, sponsor or advertiser of goods or services in connection with this Competition or a prize,  
      3. an affiliate entity of PTH; and/or
      4. if you are any of the aforementioned person’s spouse, life partner, parent, child, brother, sister or business partner.
  4. How to enter and participate in the Competition?
    1. In order to enter the Competition, you must follow the link which will be communicated via Ayoba’s social media pages, SMS and the Ayoba App, the link will redirect you to a website where you must complete an Ayoba survey in full. 
    2. The winner of the Competition will be determined through a random selection process (Lucky Draw) and will be overseen by an independent representative to be appointed by us. 
    3. You may only enter the Competition once. Multiple entries will result in disqualification from the Competition. 
  5. What is the Prize?
    1. The winner of the Competition will receive one Huawei smart phone Nova 9 handset with Huawei GT3 watch and Freebuds 4i.
      1. The prize will be distributed by way of delivery at an agreed upon address which is capable of reasonable accessibility by our company personnel or third-party courier. Should delivery prove to be an impracticable option, we may elect for the prize to be collected by the winner or a nominated third-party, at a mutually agreed upon location, reasonably accessible to both the winner (or nominated third-party) and our company personnel or third-party courier. 
      2. Should the winner be unable to receive and/or collect the prize, he/she may nominate a third-party to receive/collect the prize on his/her behalf, confirming to us in writing that such a nomination has taken place. Please take note that we will not take responsibility for such action by a participant under any circumstances and shall not be liable for any loss, damage or failure to receive the prize arising out of the participant’s nomination of such a third-party.
      3. Prizes will be delivered or made available for collection within 30 days of contacting the winner and obtaining/supplying the correct delivery/collection details.
      4. Should it prove to be impracticable to have the prize both delivered or collected to/by the winner or a nominated third-party despite our collective reasonable efforts, we may, under the supervision of an independent representative, randomly select another participant to the Competition as a winner of the prize by conducting a subsequent Lucky Draw. 
    2. Lucky Draw 
      1. Each valid entry will be placed into a lucky draw which shall take place on 07 September 2022. (“Lucky Draw“).  
      2. The winner of the Lucky Draw will be chosen at random after the Competition Period. The Lucky Draw will be overseen by an independent representative appointed by us. The determination of the winner is final and no correspondence will be engaged with or acknowledged once a winner has been identified. 
      3. The prize is non-transferable and you may not exchange the prize for cash or any other alternative. The Prize is not permitted to be sold or resold, or offered for sale or for other consideration by the winner. The prize is not for use in conjunction with any other promotion or offer. The prize cannot be replaced by a winner in the event of loss, theft or missed opportunity. Please note that we reserve the right to substitute the prize without prior notification. 
    3. Winner
      1. The winner will be notified via a direct message on the appropriate platform of our choice and on the Ayoba App (where the winner is an Ayoba App user), after the Lucky Draw.
      2. We will attempt to make contact with the winner twice, but if we are unable to contact the winner within 3 (three) working days after the Lucky Draw, such winner will forfeit his/her prize and we reserve the right to redraw a new winner of the prize. The winner (after being successfully contacted by us) will be announced soon thereafter on the Ayoba social media platforms. The winner may be asked to participate in marketing activities, including having his/her photograph and name used on our social media platforms. We will obtain the necessary consent and releases from the winner.
      3. We will use reasonable efforts to ensure that your prize gets delivered to you or your nominated third-party, however we do not accept any responsibility for any failure by the winner, or his/her nominated third-party, to accept delivery of his/her prize or where incorrect details are provided and the prize cannot be delivered to you or your nominated third-party (despite our reasonable efforts). We may require you to provide us with additional information as we may reasonably require in order to determine your identity and location so as to process and/or facilitate the redemption of your prize.  You may not win the prize if it is unlawful to give such prize to you and if you do win the prize under such circumstances, you will forfeit it.
  6. Consent to use of personal information
    1. For the purposes of this Competition, you consent that we may collect and process  personal information that you have provided in the Ayoba App (or upon our request through other means) for purposes of administering the Competition and providing the prize. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorised access and in accordance with applicable laws and our privacy policy which can be accessed at https://www.ayoba.me/privacy-policy/. 
    2. You consent to us processing your personal information for marketing purposes. We will usually inform you if we intend to use and/or disclose your personal information to any third party for such purposes. If you do not wish to receive information from us on future competitions, product launches or promotions, you can elect to opt out of receiving such communications by contacting us on legal@ayoba.me or following the procedure for opting out as set out in any communications.
  7. General
    1. In participating in this Competition, you agree to all the Rules set out herein, without exception and you hereby warrant that all information submitted by you is true, current and correct. We reserve the right to verify the eligibility of all participants.
    2. As far as the law allows, 
      1. we reserve the right, without notice and acting reasonably, to withdraw the Competition at any time if any circumstances beyond our reasonable control prevents or restricts us from conducting the Competition;
      2. the prize is subject to availability and we reserve the right, acting reasonably, to substitute the prize for another prize which offers an equivalent experiential benefit (insofar as reasonably practicable), should the specified prize become unavailable for any reason beyond our reasonable control (or any part of a prize to the extent divisible); and
      3. we will not be responsible for any cancellations, delays, diversions or substitutions, or any act or omissions whatsoever where this is not caused by us.
    3. You can contact us at legal@ayoba.me if you have any queries regarding this Competition.
    4. As far as allowed by law, we, our affiliates, our employees, directors, partners, members, consultants and/or agents are not responsible for any loss or damage associated with you entering this Competition, the carrying out of the Competition, or the provision or otherwise of any aspect of any prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these Rules are hereby excluded to the maximum extent permitted by law. 
    5. These rules are governed by the laws of the territory of the participant. 
    6. If any provision of the rules is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision will be severed from the rules and shall not affect the validity or enforcement of any remaining provisions.
    7. If the Competition is regulated by the consumer protection legislation in your territory, it is not intended that any provision of these terms and conditions contravenes any provision of such legislation and therefore all provisions of these terms and conditions must be treated as being qualified, if necessary, to ensure that the provisions of such applicable legislation are complied with.
    8. A copy of these Rules is made available at http://www.ayoba.me. 
    9. Please note that these Rules are subject to the Ayoba terms and conditions located at http://www.ayoba.me/terms-conditions/.  
  8. Important provisions
    1. The clauses which contain these important provisions and the reasons for why they are  deemed important are set out below.  It is also very important that you read all of these clauses carefully and not just what we say below.
      1. Limitations of risk, legal responsibilities and liability. Clause 7.4  is important because it limits and excludes obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you.   As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
      2. Assumptions of risk, legal responsibilities and liability by you. Clauses 5.3.2,  5.3.4 and 7.2 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts.  You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses.
      3. Acknowledgements of fact by you. Clauses 1.2; 1.3; 3.2; 6;  and 7.1 are important because they contain statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements.