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TERMS AND CONDITIONS FOR THE PULSE HOUSE INVASION #MTNPULSEHOUSEINVASION

Definitions

In these Terms and Conditions the following terms shall have the meanings as set out hereunder:

    1. Agreement: means these Terms and Conditions, including all amendments thereof.
    2. Contest: means the MTN Pulse House Invasion, as developed by MTN.;
    3. Contest Website: means http://www.mtnonline.com/pulse, where participants shall visit to complete all the mandatory fields on the online entry form.
    4. Entry Period: means the duration for the submission of entries on Contest Website beginning from 18th November, 2019, at 5.00pm and ends by 11.59pm on 24th November, 2019.
    5. Participant: means a person who submits an entry on the Contest Website and is permitted by these Terms and Conditions to participate in the Contest.
    6. Time: means Nigerian local time, as observed in Lagos, Nigeria.  For clarity, all references to time in this Agreement refers to GMT+1; and
    7. Winner: means the Participants selected completely at the discretion of MTN.

 

Eligibility

    1. The Contest is open to all legal residents in Nigeria who are above eighteen (18) years old.
    2. Employees and contractors of MTN, its respective affiliated companies, subsidiaries, advertising or promotions agencies, or other agents, their immediate families and members of their households are not eligible to participate or benefit from this Contest.
    3. All entries submitted by Participant in the capacity of a company or on behalf of an employer will be regarded as such and the Agreement will be binding on both Participant, and/or such employer. Where Participant is acting within the scope of his/her employment, as an employee, contractor, or agent of another party, it will be deemed that such party has full knowledge of Participant application and have consented thereto.
    4. The intending Participant further warrant that its actions will not violate your employers or company's policies and procedures.

Entry

    1. To enter the Contest, the intending Participant must visit www.mtnonline.com/pulse (“Website”) during the Entry Period and correctly complete all required fields on the online entry form (“Entry”);
    2. The Contest begins on 18th November, 2019, by 5.00pm and ends by 11.59pm on 24th November, 2019, (Entry Period). After this date, no further entries to the Contest will be accepted;
    3. While entries are open to the general public, Participants will be encouraged to migrate to MTN Pulse as the selected Winner shall be an MTN Pulse subscriber;
    4. Only eligible entries received by MTN within the Entry Period will be considered;
    5. An Entry is deemed by MTN to have been submitted by the owner of the email address listed on the Entry form. For this purpose, an email address holder shall mean the natural person assigned to such email account by the internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account;
    6. Any questions regarding the Contest shall be determined by MTN in its sole discretion and MTN reserves the right to disqualify Entries by Participants suspected to be tampered with or abusing any aspect of the Contest;
    7. MTN reserves the right, in its sole discretion, to disqualify any Entry not in compliance with this Agreement;
    8. Participant warrants that the information provided on the Entry form are true and accurate and accepts liability for any false information provided; and
    9. No Entry fee is required for Participant to enter this Contest.

Winner Selection and Judging

    1. The Participant agrees that to be chosen as a Winner, the Participant must migrate to MTN Pulse;
    2. Only shortlisted Participants will be contacted. MTN does NOT guarantee that the shortlisted Participants will be the eventual Winner of the surprise visit and party;
    3. The selection of the Winner is completely at MTN’s discretion;
    4. Winners will be contacted via voice calls from MTN’s customer care line 180 or a 0803200 prefix number and / or email with details on how to redeem their prizes. NO WINNER SHALL BE CONTACTED VIA TEXT MESSAGE AND ¬†UNDER NO CIRCUMSTANCE SHALL WINNERS BE CONTACTED BY SMS EXCEPT AS SPECIFIED IN THIS AGREEMENT;
    5. MTN reserves the right to verify the validity of any Entry and to disqualify any Participant who forged, manipulated or tampered with the Entry process, who submitted an Entry that is not in accordance with this Agreement, who submitted incorrect or inaccurate information, who does not provide all required information on the Entry form, where applicable;
    6. By participating in this Contest, all Participants agree that their names may be published through different media channels such as print and online blogs if they emerge as Winners;
    7. Participants confirm that they have the consent of their parents, legal guardians employers, estate residents association and other necessary approval to hold the surprise party in their house;
    8. Non-compliance with this Agreement or return of the prize notification as non-deliverable may result in the disqualification of a Winner and naming of an alternate potential Winner. (Any Winner who is not at home when the surprise team reaches his/her home will be immediately disqualified and another Winner will be selected in his/her place).

The Prize

    1. There will be no financial reward to Winners;
    2. The Winner will receive a surprise visit from celebrities selected by MTN to the Winner’s home, and the Winner gets the opportunity to party with celebrities at the Winner’s house (the “Prize”);
    3. MTN shall provide all elements for the party such as, entertainment, DJ, decorations, refreshment etc;
    4. Expenses not specifically stated in this Agreement, including payment of all applicable taxes, fees, duties, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of the Prize, are the sole responsibility of the Winner. Restrictions, conditions and limitations apply;
    5. The Winner will be permitted to invite between fifteen (15) and twenty (20) guests for the MTN Pulse House Invasion;
    6. The Prize is not transferable, assignable or exchangeable and cannot be redeemed for cash;
    7. Where the Winner is under the age of 18 years, the prize will NOT be awarded to the Winner’s parents or guardians;
    8. All decisions of MTN with respect to the matters referred to in this Agreement are final and no correspondence will be entered into, including in the event of a dispute.
    9. In the event that a potential Winner's employer has a policy that prohibits the awarding of a prize to an employee, the Prize shall be forfeited.

Variation/Cancellation/Compromise of the Contest

In the event that the Contest or execution of the Prize would not hold as planned due to security reasons or any other situation that could harm the MTN brand, non-authorized human intervention, tampering, technical failures, fraud, or other causes beyond the reasonable control of MTN that impairs the administration, security, fairness, integrity or proper operation of the Contest or any other reason whatsoever, MTN reserves the right in its sole discretion to cancel, suspend, modify or terminate the Contest at anytime.

Intellectual Property Rights

    1. By accepting the terms and conditions, Participants confirm that their images and all content they feature in can be used on all MTN Social Media, any social media platform and traditional media channels (Publicity and post event leveraging) without further notice, compensation, consideration, review, or consent, and without regard to moral rights;
    2. Additionally, Participant accepts that MTN possesses all rights over uploaded pictures and hereby indemnify and hold MTN harmless against any claim, loss or liability, howsoever arising in connection with the uploaded pictures;
    3. Any participation in the Contest is entirely at the Participant’s own risk and in no event shall MTN be liable for any direct, indirect, incidental or consequential damages; including without limitation to loss of income, data or other information as a result of the use of or inability to use the uploaded content or information;
    4. The Contest and features within the Contest may also be protected by intellectual property rights belonging to MTN or to our licensors. No licence is granted to the Participants in respect of any such rights, except to the extent required for Participant’s personal use of the Contest in accordance with this Agreement.
    5. MTN and any other MTN product or Contest name are trademarks of MTN and Participant shall not be entitled to reproduce such marks (other than to the extent required for personal use of the Contest) without MTN’s prior written consent.
    6. All shortlisted Participants are required to execute and return to MTN this Terms and Conditions immediately upon notification of being shortlisted.

Assignment of Ownership

All rights, title and interest in the intending Participants images and all content they feature in, including but not limited to all registrable and patent rights which may subsist therein is hereby assigned by the Participants to MTN and shall be held and owned solely by MTN or any other third party who has proprietary interest as MTN may notify and direct.

General Release

By entering the Contest, the Participant releases and holds harmless MTN, any other Contest sponsors, and each of their respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession or use of the prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.

Limitation of Liability

    1. The Participant agrees that MTN shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury, loss or damage suffered or sustained (even caused by negligence) in connection with accepting or using a prize or participating in this Contest.
    2. By entering the Contest, the Participant agrees that:
    1. any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prize awarded, shall be resolved individually without resort to any form of class action, and resolution shall be in accordance with the dispute resolution provisions contained in this terms and conditions.
    2. any claims, judgments and awards shall be limited to costs associated with entering for the Contest, but in no event attorneys’ fees; and
    3. they waive all rights to claim punitive, incidental or consequential damages and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual costs associated with entering the Contest.
      1. MTN assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; or theft, destruction of, alteration or unauthorized access to Contest Entries. MTN is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Winner.
      2. Some aspects of the Contest may be supplied to MTN by third parties. As such, MTN makes no promises, and does not accept any liability, either express or implied as to the Contest, including but not limited to its accuracy, relevance or quality.

Governing Law and Dispute Resolution

    1. In the event of a dispute or difference between the Participants and MTN ( the Parties) in connection with or in relation to this Agreement or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particulars of the dispute (the Notice of Dispute) to the other party. The Parties each agree to appoint a representative at senior management level and to cause their respective representatives to meet as soon as possible, in an effort to resolve the dispute amicably, in good faith and with absolute fair play. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.
    2. If the dispute is not resolved by formal negotiation as stated in Clause 11.1 within fourteen (14) business days of the Notice of Dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other accredited equivalent mediator to be appointed by the parties. If the Parties do not agree, MTN shall appoint a mediator. The Lagos Multi Door Court House Model Procedure Rules 2007 shall apply.
    3. If the dispute is still not resolved after fourteen (14) business days of its being referred to mediation as specified in Clause 11.2, each party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement, its subject matter or formation.
    4. This Terms and Conditions shall be governed by the laws of the Federal Republic of Nigeria and shall be subject to the jurisdiction of the Nigerian Courts.

Disclaimer

    1. MTN is NOT responsible for any damage or theft which may occur to any property of the Winner during the Pulse House Invasion. It is the responsibility of the Winner to ensure the safety of its properties and immediate environs of the venue during the Pulse House Invasion.
    2. Subject to the foregoing, MTN reserves the right to change this Terms and Conditions at any time without notice. By continuing to participate in the Contest, Participant will be deemed to have accepted these and any varied terms and conditions which will be posted on the Contest Website.
    3. No sales of any products or services can take place during the Pulse House Invasion. No monetary transactions may take place during the Pulse House invasion. For the avoidance of doubt, this clause shall not apply to MTN.

By entering this Contest, I agree to be bound by this Terms and Conditions and confirm that I meet all eligibility requirements listed herein. By registering for the Contest, I agree that the decisions of MTN are final and binding on all matters pertaining to this Contest.

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