Rules for the Ayoba Watch and Win 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. This _ **Ayoba Watch and Win** _ 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.
1. **How long does the Competition last?**
1. The Competition runs from 26 October to 20 November 2022.
2. No entries will be accepted after midnight on 20 November 2022.
3. The Lucky Draw (defined below) will take place on 22 November 2022.
2. **Who can enter the Competition?**
1. You are entitled to enter into this Competition if you are a natural person andare over the age of 18 years old and have downloaded and signed in to the Ayoba App. The Competition is open to all registered users in Africa.
2. **If you are under the age of 18 years old, you may not enter this Competition.**
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

if you are any of the aforementioned person’s spouse, life partner, parent, child, brother, sister or business partner.

1. **How to enter and participate in the Competition?**
1. In order to enter the Competition you must log on and sign in to the Ayoba App or register if you are a new user.
2. You must navigate to the Brighten Your Day channel in the app. In this channel there will be weekly posts during the competition period focusing on Football Fever. Each post will have a video for the user to watch with associated questions in a poll directly below. You are required to enter the poll by choosing one response in the poll and entering your response into the poll. The poll will open and close on the date advertised in the app.
3. You may enter this competition only once per poll in the app, but may enter all the polls that are published, however you may only win once.
2. **What are the prizes?**
1. **Prizes**

There will be eight winners who will receive the following prize each:

1. _One Huawei smartphone Nova 9 handset with a Huawei GT3 watch and Freebuds 4i_
2. The Prizes will be delivered by way of courier service to the delivery address provided by you or to a post-office branch in a location close to you.
3. Please note that the Prize will not be in distributed in cash under any circumstances and it is your responsibility to ensure you are able to redeem the prize by one of the methods specified above.
4. All prizes are strictly subject to availability. The prizes are not transferable and you may not exchange them 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 a winner. The prize is not for use in conjunction with any other promotion or offer. The prize (or any part of a prize to the extent divisible) cannot be replaced by a winner in the event of loss, theft or missed opportunity. Please note that we or the sponsors of the prize/s reserve the right to substitute any prize without prior notification.
5. We will use reasonable efforts to ensure that your prize gets delivered to you, however we do not accept any responsibility for any failure by the winner to accept delivery of his/her prize or where incorrect details are provided and the prize cannot be delivered to you (despite our reasonable efforts). Please also note that we use a courier service to deliver the prize and can therefore only deliver to major city centres where such courier operates and cannot deliver to a remote area which is not covered by a courier operation. In such a case, if it proves impossible to deliver the winner may nominate a third party to receive the prize on their behalf, and will need to sign a document to accept the risk of this decision.
1. **Lucky Draw**
1. Each valid entry will be placed into a lucky draw which shall take place between 19 August and 19 September 2022. (” **Lucky Draw**”).
2. The winners for the Lucky Draw will be chosen by ayoba after the Competition Period. We will consider the public vote in allocating prizes, but the final prize awards are at our sole discretion The determination of the winners is final and no correspondence will be entered into.
3. All prizes are strictly subject to availability. The prizes are not transferable. The prize is not for use in conjunction with any other promotion or offer. The prize (or any part of a prize to the extent divisible) cannot be replaced by a winner in the event of loss, theft or missed opportunity. Please note that we reserve the right to substitute any prize without prior notification.
2. **Winners**

Winners will be notified via a direct message or other appropriate means of our choice, and on the Ayoba App **between 25 and 30 November**** 2022.** We will also put up a note on the Ayoba social media platforms which includes Instagram, Facebook, and Twitter inviting all users to check their messages when the message has been sent.

1. The winners will be contacted by direct message in the Ayoba App between 25 and 30 November 2022. We will attempt to make contact with each winner twice, but if we are unable to contact any 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 that prize. The winners (after being successfully contacted by us) will be announced between between 25 and 30 November 2022. or soon thereafter on the Ayoba social media platforms. The winners may be asked to participate in marketing activities, including having their photograph and name used on our social media platforms. We will obtain the necessary consent and releases from the winners.
2. We will use reasonable efforts to ensure that your prize gets delivered to you, however we do not accept any responsibility for any failure by the winner to accept delivery of his/her prize or where incorrect details are provided and the prize cannot be delivered to you (despite our reasonable efforts).
3. We may require you to provide us with additional information (including contact details and/or identity or passport information to verify your age and delivery details for the prize) as we may reasonably require in order to determine your identity and 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.
1. **Consent to use personal information and image**

1. **By entering the Competition and sending us your “selfie photograph” and other personal details, you expressly consent to us using and displaying the selfie photograph of you in the Ayoba App and on our social media platforms. You agree to waive any copyright in such photograph of your name, appearance, physical likeness and/or attributes of such appearance for promotional and marketing purposes on the Ayoba App and social media platforms, anywhere in the world and waive (i) any moral or personal rights of objection to such use and (ii) the right to receive any consideration now or in the future for such use.**
2. **For the purposes of this Competition, you consent that we may collect and process personal information (including your selfie photograph name and country) that you have provided in the Ayoba App 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.**

1. **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.**
1. **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 and disqualify if you have submitted false information, even where we have declared winners.**
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](mailto: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 user.
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 **[https://www.ayoba.me/web/comp/watch-and-win](https://www.ayoba.me/web/comp/watch-and-win)**.
9. Please note that these Rules are subject to the Ayoba terms and conditions located at **[https://www.ayoba.me/web/terms-and-conditions](https://www.ayoba.me/web/terms-and-conditions)**
2. **Important provisions**
1. The clauses which contain these important provisions and the reasons why they are 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 5.4, 5.7 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.