Rules of the Competition – «WIN THE MAGIC 3»

INTRODUCTION
 The terms contained in this document (Standard Promo Terms) apply to the "WIN THE MAGIC 3" Promo offer, available on 9Mobile Network, through the organizer’s platforms, and together with any applicable specific Promo terms, set out on the subscription web landing page for this Promo. 

These Terms and Conditions form a legal agreement between all participating customers and the Organizer and can only be amended by the Organizer. By participating in the "WIN THE AGIC 3"  Promo, all participating customers are indicating that they accept and agree to be bound by the Rules therein.

Article 1
 The organizer of the competition is: Televida Group, Phoenix and 9MOBILE NIGERIA (hereinafter referred to as: Organizer).

Article 2
The competition «WIN THE MAGIC 3!» will last for 90 days and starts on 09.10.2017 at 00:00:01 h and ends on 09.01.2017 at 23:59:59 h.
Please check online at http://www.winthemagicthree.com or call 9Mobile Customer Service on “200”) for more details.

Article 3
 The competition is held on the territory of the REPUBLIC of NIGERIA, and it is not possible to participate therein from abroad.

The purpose of this competition is the promotion of 9MOBILE's products and services. 

Article 4

PARTICIPANTS OF THE PROMOTIONAL GAME:


The following are eligible to participate: 

4.1 All 9Mobile customers with residence in Nigeria, (Excluding staff employed by 9Mobile Nigeria for the entire duration of the Promotional Game, and also their immediate family members and spouses, also Direct Business partners - who are directly involved in running 9Mobile Nigeria's Business Operations are also excluded), during the period of the Promotional Game. If the winner is under 18, then at the delivery date of delivering the prize, the winner's guardian must appear to collect the prize having his/her ID as well as a certification proving that he/she is the guardian. 

4.2. Legal persons bearing an active contract of delivery of telecommunication services with the Organizer for the duration of the Promotional Game. The authorized signatory of the legal person shall be entitled to receive the award. 

4.3. The Organizer reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any provision of the Terms and Conditions. 

4.4. By participating in the Promotional Game, entrants hereby warrant that all information submitted is true, current and complete.

Article 5

PRIZES


The prizes consist of 3 prize categories:

Daily prizes. Every day ten winners will be selected via draw among the promotion participants to win a total of N300,000 in cash.

Weekly prizes: A cash prize of N3 MILLION in cash, will be awarded every week to the participant with the highest number of points by Sunday 23:59:59 as long as that player has sent at least 1 SMS within the week.

Final Prize: 1 winner will be selected at the end of the promotion, among the active participants of the whole promo period, via draw to win N30MILLION in cash

Each participant may win only one prize of each prize category.  Specifically one participant may win one daily prize, one weekly prize and the final prize but cannot win 2 daily or 2 weekly prizes.

Article 6

Mechanism to participate in the competition

6.1 SUBSCRIPTION

9Mobile users will be invited to participate in the promotion via bulk SMS notifications, IVR notifications, USSD and online media advertising.

In the case of bulk SMS notifications the participant initiates the participation in the competition by sending an SMS message at no cost with the Keyword YES or any SMS to the 56023. 

In the case of IVR notifications the participant initiates the participation in the competition by pressing the designated key as will be indicated in the voice message.

In the case of USSD notifications the participant initiates the participation in the competition by pressing *56023 at no cost. 

In the case of online advertising the participant initiates the participation in the competition by clicking on the banner and the designated landing page.

In all cases, after the user initiated opt-in, the system sends a reply SMS message to the participant, with two welcome messages that explain the rules of the game, the costs and how to opt - out.

The subscription to the promotion has a daily cost of N100.

Immediately after the welcome messages the participant will receive a message containing his/hers coupon of the day towards the daily draw.  This message containing the coupon will only be delivered if the participant has been successfully billed N100 which is the daily subscription cost of the promotion. The system will attempt to bill and send such the daily coupon every day for duration of the promo as long as the user has not opted out.

Users that are not successfully billed on a given day will be excluded from the draws of that specific day.  Users will only participate in the draws of the promotion days that they have been effectively billed.

Users can opt out at anytime by sending the words STOP or UNSUBSCRIBE to 56023.

With every coupon successfully received users accumulate points towards the prizes.  Every point is equivalent to one additional entry for the draws as well as the top scorer weekly prize.  Users can check their points at anytime by sending the word Points to 56023.

6.2 TRIVIA GAME

Subscribed participants will periodically be invited via SMS to further participate in an exciting trivia game that will allow them to accumulate points faster towards the prizes.  Participants will have to send the keyword YES or any other SMS to 55023 in order to initiate the trivia game. As soon as they do so they will receive a message with the rules of the trivia game as well as a message containing a question and the suggested answers. Answering the questions correctly requires the participant’s knowledge and skills. The participants can answer the questions by sending an SMS message, in which they enter the number of the correct answer (1 or 2), to 55023.

Example of question: What is the capital city of the Nigeria? Send 1 for Lagos or 2 for Abuja. 

Example of answer: 1

Each participant who sends the correct answer to a question will win 50 points at least, which will be allocated to the number of the phone line from which the SMS message was sent. Wrong answers will receive 10 points. All points are collected and added cumulatively during the whole duration of the competition and they are never deleted.

The price of each SMS message sent to 55023 is N100 including VAT. All messages sent by server to the participants in the trivia game are free of charge.

During the duration of the trivia game, the customers will have the possibility to win extra points, which means that they can win more than 50 points for one correct answer to a question. The possibilities of winning extra points are equal for all the participants of the competition and they will be announced during the trivia game before each question.

Some examples of such bonus phases are:

Increasing bonus:

After each question, the bonus increases with each correct answer to a question. The first correct answer brings 100 points, the second 150 points, the third 200 points, the fourth 250 points, etc. (for each correct answer: +50 points) 

Gold question:

In this bonus phase answers are golden because they carry unusually high points for the right answers. Each correct answer to a golden question brings a bonus that ranges from 100 to 10,000 points.

Double points

In this bonus phase every question bring twice the points of the previous one.

The exact bonus phases and point structures will be defined dynamically during the competition in order to maximize the user’s participation. 

Teasers: During the trivia game the participants will be sent teasers in order to increase their participation.  These messages will vary depending on the participation frequency of the users.  The higher the user participation rate the more frequent these teasers will be and vice versa.

6.3 DRAWS

At the end of each day (at 23:59:59 h) from Monday to Saturday during every week of the promo duration, the daily draw period ends, and the following day a notary draws the winner participant of the daily prize of the previous day, the winners of N30,000. Should the participant refuse the prize or fail, within 3 hours, to deliver his/her particulars, the first substitute will be considered winner of the prize. 

At the end of each Sunday (at 23:59:59 h), the participant with the highest score within the current week, who has sent at least one SMS message during the week, will be proclaimed winner of N3 million. In the event that there are two or more participants with the same score, the participant who was the first to achieve this score will be considered as the winner of the prize. Should the participant refuse the prize or fail, within 3 hours, to deliver his/her particulars, the next participant having the second best score will be considered winner of the prize.

Article 7

All liabilities on account of the Value Added Tax shall be borne by the Organizers of the competition. 

Article 8


In the trivia part of the competition "WIN THE MAGIC 3" the participant can send an SMS message unlimited times to 55023 as long as the SMS originates within the territory of Nigeria.

Article 9

WINNERS


The winners will be notified that they won the prize by a phone call from 9Mobile’s Customer Service, and they will also give their particulars on the occasion of the call which will take place every day between 10am and 12pm. The personal details required to take over the prize, must be provided by the winners within 3 hours of receiving the call for the notification of their prize. Should they fail to answer the call or provide their particulars, the winners shall lose the right to the prize they won, and the first next participant in line to win the prize will be considered as the winner of the said prize. All prizes will be awarded at the joint prize award ceremony that the Organizer will organize within 45 days at the latest upon completion of the competition.

The daily prize winners and the accurate date on which the final prize award ceremony shall be held, will be published on the promotion official website: http://www.winthemagicthree.com 

Article 10

If the winner of a prize is a person under 18, the prize will be delivered to the parent or guardian of the person under age, the said parent or guardian to be designated by the winner.

Article 11

The Organizer may publish and use free of charge in printed, sound, picture and video contents, the particulars (name, address, photograph, phone number, video materials, and the like) of the participant winners only after their prior consent.

By participating in the competition ‘WIN THE MAGIC 3’ the participants agree that, in the event that they win a prize, their particulars (name, address, photograph, phone number, video materials, and the like) may be published and used by the Organizer free of charge in printed, sound, picture and video contents. 

Article 12

By participating in the competition ‘WIN THE MAGIC 3’ the participants give their consent and complete acceptance and full understanding of these Terms and Conditions and agree: 

12.1 To receive SMS communication from the Organizer on their mobile phones relating to the "MAGIC 3" Promotional Game; 

12.2. To receive SMS, communication/advertising offers from the Organizer during the Promotional Game or after the end of it; 

12.3. To be included into Opt-in & Opt-out programs and Communities created by the Organizer with the data gathered during the Promotional Game or after the end of it. 

Article 13

13.1. The Organizer reserves the right to cancel or amend the offer and these Terms and Conditions at any time. Any changes will be posted online at www.winthemagicthree.com and will also be available to the public by calling the Organizer's Customer Service on 200. Customers would be informed about the changes through the promotion specific website - http://www.winthemagicthree.com 

13.2. In the event of dispute regarding the Terms and Conditions, conduct, results, and all other matters relating to the Promotional Game, the decision of the Organizer shall be final 

13.3. This Agreement will remain in full force and effect while the Organizer provides the offer (not taking into account temporarily suspensions of the offer for operational reasons, e.g. for repairs, planned maintenance or upgrades).

Article 14


9mobile reserves the right to change the time limits of the competition and undertakes to notify all the participants of the competition of the changes in due time. The rules of the competition as well as other information in this connection are available on the web sites http://www.9Mobile.com.ng Information about the competition can also be obtained from the Customer Service by calling the toll-free number 200



Article 15


By participating in the competition the participants accept the rules and the mechanism of the competition; in case of dispute, the Nigeria District Court shall be competent.



Article 16


The competition may be interrupted only in the event of the occurrence of circumstances for which the Organizer is not responsible, i.e. that it could not have prevented, remedied or avoided. In the event of an interruption of the competition, a notice thereof shall be published at www.9Mobile.com.ng

If the Promo is terminated, the Organizer will publish a message to this effect via the official resources of the Promo - http://ww.winthemagicthree.com


Article 17

AVAILABILITY AND ACCESSIBILITY OF INFORMATION AND OPT-OUT MECHANISM


17.1. Information about The Promo participants’ records, shall be available through the 9Mobile Customer Service. 
Winners’ details shall be available on the official Promo website - http://winthemagicthree.com 


17.2. Each participant can opt out of the Promo and stop receiving any information about the Promo by sending an SMS with keyword "STOP" or "Unsubscribe" to 56023 and 55023 or call the 9Mobile Customer Service number and request to opt out from the Promo. If afterwards the participant chooses to send a new SMS message to the Short Code, he/she will again be considered as a participant in the Promo 

17.3. Interruption or early termination of the Promo shall not release the Organizer from its obligation to give out already awarded prizes and fulfill other accrued required duties, except where the termination or interruption of the Promo was as a result of events which are not under the Organizer's control. 

17.4. The Organizer of the Promo will not release personal information about participants to any third persons unless required to do so by law or in order to comply with government entities in Nigeria and in accordance with section 19 of the Terms and Conditions. 

17.5. The Organizer reserves the right not to enter into written negotiations or otherwise contract with the participants of the Promo other than in accordance with the Terms and Conditions or in accordance with the requirements of the current laws of Nigeria.


18. LIMITATION OF LIABILITY 

18.1. The Organizer accepts no responsibility whatsoever for, including without limitation, any error, omission, interruption, defect, delay in operation or transmission, communications line failure when it is not under its direct control and execution. 

18.2. The Organizer reserves the right to, whenever deemed necessary, temporarily suspend the Promo for operational reasons (e.g. for repairs, planned maintenance or upgrades). The Organizer will restore the Promo as soon as possible after any temporary suspension period, if/when applicable. 

18.3.The Organizer advises participants to use caution and play responsibly when participating in the Promo at all times.



19. DISCLAIMER OF WARRANTIES

19.1. Participants understand and agree that they participate in this Promo at their own risk and will, and have not been coerced in any manner to enter the Promo. 

19.2. The Organizer makes no warranty, implied or express, that any part of the Promo will be uninterrupted and error-free. 

19.3. Neither the Organizer nor any of its directors, employees, agents or suppliers shall accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant participating in the Promo or as a result of accepting the prize. 

19.4. The Organizer is not responsible for any problems or technical malfunction of the mobile network or lines, computer on-line systems, servers, providers, computer equipment, software failure, email or entry which may occur on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Promo. 

19.5. By entering the Promo, participants agree that no claim relating to such losses or injuries (including special, indirect and consequential losses) shall be asserted against the Organizer, its parent companies, affiliates, directors, officers, employees or agents from any and all losses, damages, rights, claims and actions of any kind resulting from acceptance or user of any prize, including without limitation, personal injuries, death and property damage.

20. GOVERNING LAW AND DEPOSIT OF REGULATION

20.1. In any cases of disagreements, participants can present their complaint to the Organizer or 9Mobile Nigeria, and if the issue is not satisfactorily resolved, such disagreement will be escalated to the applicable Promotions and Communications regulatory bodies or further presented before a court of competent jurisdiction in Nigeria. 

21.2. This Promo is governed by the laws of Nigeria and is also certified and licensed by the National Lottery Regulatory Commission and Nigerian Communications Commission; any dispute would be governed by the Laws of Nigeria. Any further updates and amendments to terms and conditions would be communicated through the official Promo website - 


22. LIMITATION OF LIABILITY 


22.1. The Organizer accepts no responsibility whatsoever for, including without limitation, any error, omission, interruption, defect, delay in operation or transmission, communications line failure when it is not under its direct control and execution. 

22.2. The Organizer reserves the right to, whenever deemed necessary, temporarily suspend the Promo for operational reasons (e.g. for repairs, planned maintenance or upgrades). The Organizer will restore the Promo as soon as possible after any temporary suspension period, if/when applicable. 

22.3.The Organizer advises participants to use caution and play responsibly when participating in the Promo at all times.


23. DISCLAIMER OF WARRANTIES


23.1. Participants understand and agree that they participate in this Promo at their own risk and will, and have not been coerced in any manner to enter the Promo. 

2.3.2 The Organizer makes no warranty, implied or express, that any part of the Promo will be uninterrupted and error-free. 

23.3. Neither the Organizer nor any of its directors, employees, agents or suppliers shall accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant participating in the Promo or as a result of accepting the prize. 

23.4. The Organizer is not responsible for any problems or technical malfunction of the mobile network or lines, computer on-line systems, servers, providers, computer equipment, software failure, email or entry which may occur on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Promo. 

23.5. By entering the Promo, participants agree that no claim relating to such losses or injuries (including special, indirect and consequential losses) shall be asserted against the Organizer, its parent companies, affiliates, directors, officers, employees or agents from any and all losses, damages, rights, claims and actions of any kind resulting from acceptance or user of any prize, including without limitation, personal injuries, death and property damage.

24. DATA PROTECTION AND PUBLICITY

24.1. By acceptance of their respective prizes, the winners authorize the use by 9Mobile/ the promo organizer, of their names, photographs and images in any Promo demonstration relating to the Promo with no prior consent of the winner and free of charge. 



24.2. Participants agree that if they win a prize then their first name and the first letter of their last name will be published for informational purposes only.

25. GOVERNING LAW AND DEPOSIT OF REGULATION

In any cases of disagreements, participants can present their complaint to the Organizer or 9Mobile Nigeria, and if the issue is not satisfactorily resolved, such disagreement will be escalated to the applicable Promotions and Communications regulatory bodies or further presented before a court of competent jurisdiction in Nigeria. 

25.1. This Promo is governed by the laws of Nigeria and is also certified and licensed by the National Lottery Regulatory Commission and Nigerian Communications Commission; any dispute would be governed by the Laws of Nigeria. Any further updates and amendments to terms and conditions would be communicated through the official Promo website - http://www.winthemagicthree.com 


25.2. In line with enabling tax legislations, 9Mobile Nigeria is obliged to deduct a withholding tax of 10% and remit same to the Inland Revenue Service.