Rules for the Y’ello Rugby 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
1.1 This Y’ello Rugby 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. This Competition is sponsored by Mobile Telephone Networks Proprietary Limited a company registered in accordance with the laws of South Africa with registration number 1993/001411/07 (“MTN South Africa”).
1.2 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.
1.3 There are no entry fees to participate in this Competition.
2. How long does the Competition last?
2.1 The Competition runs from 14 June 2021 to 6 August 2021 (“Competition Period”).
2.2 No entries will be accepted after midnight on 6 August 2021.
2.3 The Lucky Draw (defined below) will take place on the dates specified in clause 5.3 below.
3. Who can enter the Competition?
3.1 You are entitled to enter into this Competition if you are a natural person resident in the Republic of South Africa and are over the age of 14 years old. You must be a MTN subscriber to enter this Competition.
3.2 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.
3.3 You are not entitled to participate in this Competition if you are a director, member, partner, employee, agent of, or consultant of:
3.3.1 PTH or MTN South Africa;
3.3.2 the supplier, sponsor or advertiser of goods or services in connection with this Competition or a prize,
3.3.3 an affiliate entity of PTH; and/or
3.3.4 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?
4.1 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. All users will need to join the Y’ello Rugby Channel and the Ayoba Competition Channel “.
4.2 Ayoba branded rugby balls icons (“Rugby Icon”) will be hidden across selected channels. Each day, a riddle or clue will be posted in the Y’ello Rugby Channel relating to where to look for the Rugby Icon and you will be required to find the Rugby Icon within the Ayoba App. The clues will be followed by a poll with options for you to select the correct answer. The Y’ello Rugby Channel will have 53 mini competition giveaways over the Competition Period where you can win a pre-defined share of the Prize as set out below. You must pay attention to each advertised prize in the specific competition giveaway that you enter.
4.3 The Ayoba Competition Channel is where you can win the larger prize (3 giveaways of R50,000 each). You will need to have correctly answered the poll at least 3 (three) times, this will qualify as a means of entry.
4.4 You may enter this Competition as many times as you wish.
5. What are the prizes?
5.1 All prizes will be sponsored by MTN South Africa.
Each winner will be entitled to a pre-defined share of R500,000 which will be distributed digitally in the form of MoMo vouchers or where you do not have a MoMo account, the prize equivalent may be distributed by way of bank transfer, e-wallet or postnet transfer at your election (“Prize”). 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. The breakdown of the Prize is as follows:
5.2.1 33 x R 10 000 giveaways in the Y’ello Rugby Channel;
5.2.2 20 x R 1 000 giveaways in the Y’ello Rugby Channel; and
5.2.3 3 x R 50 000 giveaways in the Ayoba Competition Channel..
5.3 You must pay attention to each advertised prize in the specific competition giveaway that you enter
5.4 Lucky Draws
Each valid entry will be placed into a lucky draw in terms of which a winner will be entitled to win a share of the Prize (“Lucky Draw“).
5.5 The winners for the Lucky Draw will be chosen randomly during the Competition Period. We will facilitate the lucky draws of the winners weekly and winners will be announced within 7 days after the end of the Competition Period. The Lucky Draw will be overseen by an independent representative appointed by us. The determination of the winners is final and no correspondence will be entered into.
5.6 All prizes are strictly subject to availability. The prizes are not transferable and under no circumstances will cash be distributed. 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.
5.8 Winners will be notified via a direct message or other appropriate means of our choice, on the Ayoba App, Y’ello Rugby Channel and Ayoba Competition Channel during the Competition Period and will be announced within 7 days after the end of the Competition Period. 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.
5.9 The winners will be contacted by direct message in the Ayoba App during Competition Period. We will attempt to make contact with each winner twice, but if we are unable to contact any winner within 3 (three) working days, 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 within 7 days after the Competition Period on the Ayoba social media platforms. The winners may be asked to participate in marketing activities, including having their photograph or video recording used on Ayoba and MTN South Africa’s social media platforms, but the winners are entitled to decline to do so.
5.10 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 or you cannot redeem the prize (despite our reasonable efforts).
5.11 We or the sponsor may require you to provide us with additional information (including contact details and/or banking details and/or e-wallet information for MoMo distribution) 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.
6. Consent to use of personal information
6.2 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 firstname.lastname@example.org or following the procedure for opting out as set out in any communications.
7.1 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 and/or the sponsor reserve the right to verify the eligibility of all participants.
7.2 As far as the law allows,
7.2.1 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;
7.2.2 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
7.2.3 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.
7.3 You can contact us at email@example.com if you have any queries regarding this Competition.
7.4 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.
7.5 These rules are governed by the laws of South Africa. You hereby consent to the non-exclusive jurisdiction of the High Court of South Africa in respect of all matters arising out of or in connection with the competition.
7.6 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.
7.7 If the Competition is regulated by the Consumer Protection Act, 68 of 2008, it is not intended that any provision of these terms and conditions contravenes any provision of the Consumer Protection Act and therefore all provisions of these terms and conditions must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
7.8 A copy of these Rules is made available at https://ayoba.me/yello-rugby-tcs.
7.9 Please note that these Rules are subject to the Ayoba terms and conditions located at http://www.ayoba.me/terms-conditions/
8. Important provisions
8.1 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.
8.1.1 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.
8.1.2 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.
8.1.3 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.