“Mega Hunt Lottery Service” Terms & Conditions
MTN Nigeria Communications Limited with its principal office at Golden Plaza Building, Falomo Ikoyi, Lagos, Nigeria, (hereafter referred to as “MTN”) referred also as the “Operator”, is launching together with Upstream Mobile Service Limited acting as the authorized VAS provider, an initiative called “Mega Hunt” Lottery Service (hereafter referred to as the “Service”) as a continuation of the Cash quest Promotion, in accordance with the following Terms and Conditions, set out in accordance with the rules governing promotional Offer and contests. The present Terms and Conditions shall apply to all intending Participants in the Offer. During the period of the Offer, the Terms and Conditions shall be available at no cost whatsoever to all the Participants at megahunt.up.st (“Service Website”) and may be subject to amendments at MTN’s sole discretion, as stated in these Terms and Conditions.
The Subscribers will be able to obtain additional information regarding the Service and the Terms and Conditions by calling 180 from a mobile telephone that is subscribed to MTN’s mobile network. The calls to these lines shall be Toll free and the lines will be open 24 hours a day.
1. Service Duration
The end date of Mega Hunt will be the 30th May, 2018 (hereafter “Service Period”). Current terms and conditions apply for the duration of the Service. The Service may be further extended.
2. Territory
The Service will be valid in the territory known and recognized as The Federal Republic of Nigeria (hereafter called “Nigeria”).
3. Service Target
The Service is open to all customers of MTN’s services that are resident in Nigeria (the “Customers”).
Participants must be 18 years or older to participate in this Service. A Participant hereby warrants and represents that he/she is:
- At least 18 years old and eligible to participate in the Service in the same manner as being eligible to enter into valid contracts under Nigerian law,
- Participating voluntarily,
- Have perused and have a clear understanding of the terms and conditions of the Service,
- Fully aware & accept that SMS sent on the MTN platform in the course of participation in the Service shall only count for the purpose of this Service where same have been duly charged in accordance with this terms and conditions,
- Fully aware & accept that any sums applied or expended in participating in the Service is non- refundable.
The Operator reserves the right to verify the eligibility of Participants which will also include confirmation of details of Participants as registered in the SIM registration process and their status as bona fide MTN subscriber at all material times. Participants hereby agree that personal data supplied when participating in the Service may be used by the Operator to monitor participation in the Service, to provide services to Participants from time to time and to evaluate service improvements.
4. Means of Participation
4.1 Participation may be on any of the following:
1 Freeland - Standard trivia Participation
2 Mega Hunt (VIP Class) - Premium Trivia Participation
The Freeland (Standard) and Mega Hunt (VIP) Participations shall be jointly referred to as the “Trivia Game”.
4.1.1 Freeland - Standard Trivia Participation
Become a STANDARD PARTICIPANT in order to enjoy the Trivia Game and participate in the DAILY and WEEKLY STANDARD draws, free of charge. To become a STANDARD PARTICIPANT in the SERVICE you need to send an SMS to the short code 38427 or dial the USSD Code *173*2#. Every MO SMS sent to 38427 (PARTICIPATION SMS) or call to *173*2# and all MTs from 38427 are free apart from the daily charge notification that shall also be sent from 38427.
4.1.2 Mega Hunt (VIP Class) - Premium Trivia Participation
Become a PREMIUM PARTICIPANT by subscribing in the optional subscription service which gives subscribers the extra feature below in comparison to being a STANDARD PARTICIPANT for a daily cost of 100 NGN per day till the end of the SERVICE PERIOD:
- Participation in the DAILY AND WEEKLY PREMIUM draws
To become a PREMIUM Participant in the Service you need to either Dial the USSD code *173*1# and follow the instructions or send an SMS to the short code 38427. Specific Keywords- such as “VIP” and “OK” sent to the short code 38427 would generate a Welcome SMS and subscription SMS if successfully charged. Only upon receipt of the subscription SMS will one be deemed a Participant to the SERVICE according to these Terms & Conditions. No charges will apply until the aforementioned subscription process is complete. A Subscriber could also join the VIP Class by following the SMS prompts as a standard participant.
For the rest of the SERVICE PERIOD, the Premium Subscriber will be automatically sent one SMS every day (SUBSCRIPTION SMS) through the 38427 short code adding him in the corresponding DAILY & WEEKLY PREMIUM draw and charging him 100 Naira (including all taxes). In order for a Premium Subscriber to be eligible for the Prize of a specific prize period, he/she must be successfully charged at least once within this period.
All SMS sent to 38427 are free of charge.
5. Game & Points
5.1 The first SMS sent to 38427 by the user, with any or no content allows the user to enter the Trivia Game and is called the REGISTRATION SMS. The user can also enter the Trivia Game by calling the USSD code *173*2#
5.2 The first SMS sent to 38427 or 38432 by the user with specific KWs (such as VIP or GO) respectively, subscribes the user to the SUBSCRIPTION service and it is called the SUBSCRIPTION REGISTRATION SMS. The user can also dial the USSD code *173*1# or *173*3# to subscribe to the SUBSCRIPTION service and also receive the SUBSCRIPTION REGISTRATION SMS.
In response to the SUBSCRIPTION REGISTRATION SMS the user will receive one welcome SMS, an SMS with instructions about the Trivia Game, and first question where the user is successfully charged N100 for the Trivia Game.
5.3 Every SMS with a question contains the question and 2 answer variants in the format 1=AAAAA, 2=BBBBB. The user must select the correct response and send the corresponding number 1 or 2 or the options verbatim.
5.4 For every response a user sends to a question SMS, the user will receive an SMS in return informing him if he has answered correctly and containing the next question.
5.5 For the Trivia Game, every correct answer a user sends as a response to a question SMS the user will receive at least 20 points. For every incorrect or invalid answer, the user will receive 10 points.
5.6 At any time during the SERVICE PERIOD, a PARTICIPANT may receive an INVITATION SMS to a special challenge that offers him bonus points, along with a corresponding question. Special challenges are e.g. answering X questions correctly in a row, answering Y questions correctly within a timeframe, bonus points for correct answers within a another timeframe etc. Successfully completing a challenge will award bonus points to the PARTICIPANT.
5.7 At any time during the SERVICE PERIOD, a STANDARD PARTICIPANT may receive an INVITATION SMS (or a question) that invites (asks) him to subscribe in the optional SUBSCRIPTION service (costs 100NGN/day) and therefore become a PREMIUM Participant.
6. Cost & Subscription
6.1 Every PARTICIPATION SMS sent from an MTN subscriber to the short code 38427 and 38432 is free of charge.
6.2 Every SUBSCRIPTION SMS successfully received from the short code 38427 in respect of the Premium Subscription indicates a charge of 100 Naira (inclusive of all taxes) has been deducted.
6.3 In case a PREMIUM Participant does not have sufficient credit to receive the SUBSCRIPTION SMS on a specific day, he will NOT participate in the corresponding DAILY PREMIUM draw.
6.4 All Participants can request that no further INVITATION SMS are sent to them by sending, free of charge, the keyword “CANCEL” or “STOP” to each of the SERVICE’s short codes 38427, which will automatically unsubscribe Participant from the Mega Hunt Service.
6.5 PARTICIPANTS can get more information about the Service for free by sending “INFO” to any of the SERVICE’s short codes, 38427.
6.6 PARTICIPANTS can get their last unanswered question for free by sending “LAST” to the SERVICE’s short code, 38427 for the Trivia Game.
6.7 PARTICIPANTS can get to know their points in the Trivia Game for free by sending “POINTS” to any of the SERVICE’s short code, 38427.
7. Game Periods & Prizes
7.1 The SERVICE is comprised of daily, weekly and monthly prize periods of play (PRIZE PERIOD), with each PRIZE PERIOD being independent of all others.
7.2 For each PRIZE PERIOD, the corresponding prizes will be awarded to the winners based on the following mechanism:
DRAW: A draw will be held, in which the specified number of winners described in table 7.4 will be randomly selected from all eligible entries. Each eligible PARTICIPANT will be allotted a number of entries equal to the number of points he has accumulated by the end of the PRIZE PERIOD.
7.3 To be eligible to participate in any PRIZE PERIOD, the PARTICIPANT must have sent/initiated at least one PARTICIPATION SMS/USSD Call and/or successfully receive a SUBSCRIPTION SMS during the corresponding PRIZE PERIOD.
7.4 For each PRIZE PERIOD, a specific number of prizes are available, as defined in the table below:
|
Prize Title |
Prize Type |
Award frequency |
Award mechanism |
|
Daily - Freeland |
TV/Generator/ Smartphone |
1 prize every day per category |
Draw |
|
Weekly - Freeland |
500,000 NGN cash |
1 prize every week |
Draw |
|
Daily - VIP Class |
1,000,000 NGN cash |
1 prize every day |
Draw |
|
Weekly - VIP Class |
10,000,000 NGN cash |
1 prize per week |
Draw |
7.5 STANDARD PARTICIPANTS are eligible to participate in the DAILY STANDARD and WEEKLY STANDARD draws, only.
7.6 PREMIUM PARTICIPANTS are eligible to participate both in the DAILY STANDARD, WEEKLY STANDARD, DAILY PREMIUM AND WEEKLY PREMIUM draws.
7.7 Prizes must be accepted as awarded, cannot be exchanged for other prizes or cash and may not be transferred or exchanged. Prizes will be delivered within 30 days from the end of the SERVICE PERIOD, at a time and place that will be made known within 7 days from the end of the SERVICE PERIOD.
7.8 Any expense not explicitly indicated as part of the prize, including but not limited to insurance, travel expenses, accommodation, license fees or taxes, are the responsibility of the winner. In no event shall the Operator be held liable for external fluctuations that might affect the economic value of the allocated prizes.
8. Winner selection, notification and prize forfeiture
8.1 On the next Monday after the end of a PRIZE PERIOD, the daily and weekly winners will be selected (as specified in section 7). PRIZE PERIOD here refers to daily and weekly prize periods.
8.2 For every prize available in the PRIZE PERIOD, one winner and 10 runner-ups are selected.
8.3 Every winner will be contacted by the Operator on the mobile phone number he has used to participate in the SERVICE. The Operator will attempt to contact the winner at least 3 times a day over a period of 1 week, between the hours of 9am and 8pm. If the winner cannot be contacted during this period, he is disqualified & forfeits the prize & the Operator will attempt to contact the next runner up.
8.4 The winner is required to provide proof of eligibility and sign a prize acceptance form (as requested by the Operator) before prizes can be collected. If the winner fails to provide sufficient proof within that period, he is disqualified and forfeits the prize and the next runner up is contacted.
8.5 To accept a prize, a winner that has any outstanding debts towards the Operator, needs to settle the debt within 3 days from being contacted by the Operator. If outstanding debts are not settled within that period, the winner forfeits the prize.
8.6 If the winner and all runner-ups forfeit the prize, the prize is deemed unclaimed and remains at the disposal of the Operator.
8.7 Winners agree to the publication of their names and /or photographs in any media or promotional material produced by the Operator. Such use does not entitle the winner to any further compensation.
8.8 Each Participant (physical person or MSISDN) is entitled to receive only one prize per prize category (as defined in 7.4).
9 Abuse and disqualification
Any Participant may be disqualified at any stage of the Service, for any of the following reasons:
9.1 Participants are not allowed to use machines that send automatically SMS messages or automate/facilitate the answer process or any other alternative of sending SMS messages, other than the mobile phone (this prohibits the use of any GSM modems attached to a computer or mobile phones attached to a computer). The Operator has the right to disqualify any Participant under the suspicion of breaking this obligation.
9.2 In the event that it is impossible to establish telephone communication with the prospective winner in accordance with 8.3 above;
9.3 In the event that the winner does not sign the declaration of acceptance of the Prize, irrespective of the reason(s) for such;
9.4 In the event that the winner does not provide any proper identification document and/or SIM card certificate or proof of ownership as required by these Terms and Conditions;
9.5 In the event that the winner, for whatever reason(s), does not accept in full and without reservation the Terms and Conditions and his/her obligations which arise from the acceptance of such regulation, in respect of the allocation of the prize;
9.6 In the event of incompatibility arising from the selected winner lacking legal capacity (e.g. the fact that the selected winner is related directly or indirectly with the Operator or is under-aged) in accordance with that set forth in the present Terms and Conditions.
9.7 The failure to comply with or observe any of the terms of Service set out herein.
9.8 In the event that the winner is seen or found to have participated in the Service by way of fraud, deceit or in any manner which contravenes the spirit and intent of the Service, the terms and conditions herewith or in a manner prejudicial and/or unfair to other Participants.
9.9 Employees of the Operator, Upstream, MTN Dealers, and any company directly collaborating with the Operator for the purposes of executing the Service, their spouses, direct members of their families or households, relatives of direct kinship or any other person in a position to benefit illegitimately from unpublished or privileged information connected to the Service, and all persons in a position to interfere with the operation of the Service (legitimately or illegitimately) are disqualified from participating in this Service.
10 General Conditions
10.1 If, for any reason, a Participant decides to change his mobile phone number during the Service, the accumulated Points shall not be transferred to the new number but shall remain with the initial MSISDN. Points scored cannot be transferred from one phone number to another.
10.2 The Service and features within the Service may also be protected by intellectual property rights belonging to the Operator, Upstream or to their licensors. No license is granted to Participants in respect of any such rights, except to the extent required for Participants personal use of the Service in accordance with these terms and conditions. “MTN" and any other MTN product or Service name are trademarks of MTN and Participants shall not be entitled to reproduce such marks (other than to the extent required for Participants personal use of the Service) without MTN’s prior written consent.
10.3 Some aspects of the Service may be supplied to the Operator by third parties and while the Operator shall exercise all due care to ensure that such third parties comply with all applicable rules, the Operator make no promises, and do not accept any liability, either express or implied as to the Service, including but not limited to its accuracy, relevance or quality, except as stated in these Terms and Conditions.
10.4 Any participation in the Service is entirely at the risk of the Participant and in no event shall the Operator be liable for any direct, indirect, incidental or consequential damages including without limitation loss of income, data or other information as a result of the use of or inability to use the Service.
10.5 Any deviation from the rules and/or attempt to manipulate the outcome of the Service or the entitlement to a Prize will result in an automatic disqualification of that Participant. The Operator shall be entitled to effect the disqualification without reference or recourse to the Participant(s) carrying out the said manipulation.
10.6 The Operator reserves the right to modify, supplement or terminate all or part of this Service at any time without notice and without liability of any kind, except with regard to winnings that have legitimately accrued and that the Operator has recognized before the date of such modification, supplement or termination.
10.7 The Operator reserves the right to replace the advertised prizes with prizes of the same or greater value at their sole discretion. There will be no cash alternative or cash equivalent in respect of non-cash prizes except if otherwise stated.
10.8 Prizes are non-transferable in whole or in part and must be taken as stated.
10.9 Winners agree to the publication of their names and /or photographs in any media.
10.10 The Operator accepts no responsibility for any incorrect or incomplete registration details that Participants may supply as part of the registration for the Service.
10.11 The Operator accept no responsibility for undelivered, lost or delayed SMS or entries nor for any network errors for which there may be delays during peak time. Proof of sending SMS by Participant is not proof of receipt by the Operator.
10.12 The Operator gives no warranty or guarantee whatsoever in relation to any Prize and Participants hereby release and hold the Operator and their agents harmless from any and all liability, injury, loss or damage of any kind, so far as it is permitted by law, arising from the participation or Participant’s acceptance of use or use of any Prize.
10.13 The Operator reserves the right to disqualify any entry at its sole discretion.
11 Operator’s responsibilities
11.1 Operator’s responsibility is strictly limited in giving the Prizes. The Operator cannot be held responsible for any delay or impossibility of sending or receiving SMS messages because of a technical problem. All the SMS messages will be considered received by the Operator when they are registered in the SERVICE’s IT system and not when they are sent by the PARTICIPANT. All the SMS messages will be considered received by the PARTICIPANT at the moment they were sent from the SERVICE’s IT system. PARTICIPANTS recognize and accept that the journal of the informatics system of the SERVICE’s IT System is the proof of the date, hour, minute and second of their receiving/ sending each SMS message.
11.2 Except for force majeure incidents such as disruptions in power supply, the Operator will procure the technical equipment and the needed software for the Service, without taking responsibility for any technical or network failures. Any claim of a Participant will be resolved by the Operator, if it is well-founded, assuring the equality of chances for the Participants and repairing the prejudice, if possible.
12 Personal Data Protection
12.1 By participating in the SERVICE, the Participants expressly agree that personal data which they supply shall be processed by the Operator for the purposes of executing the SERVICE and also for the purpose of publicizing the SERVICE and the Operator. It is hereby specified that the Operator guarantees that publicity, entailing the sharing with third parties of personal data supplied as a result of participation in the SERVICE, (including through television, the press, leaflets and other means and formats of communication) shall be made only with respect to the winners of the Prizes and will only indicate the given names and surnames of the winners, the location of their place of residence, their images and voices (contained in photographic records, audio, video and other types of records, made with the purposes of publicity connected to the SERVICE). The winning Participants give, through their participation in the SERVICE, express consent for the use of this data in formats herein defined. Following the termination of the SERVICE, the personal data will be destroyed.
12.2 In accordance with local laws and regulations, the Operator respects the privacy of Participants of this SERVICE and Subscribers of the service, by which it is committed to the use of technology in a transparent form and in strict observance of the rights, freedom and guarantees of the citizens and by the reservation of the intimacy of their private and family life. The personal data collected within the scope of this SERVICE will be treated as private and confidential. It shall not be disclosed to other individuals or organizations, except in the event of legislation to the contrary or where such is authorized by the Participants and Subscribers themselves. The data will be stored on servers with access controlled on a need-to-know basis and limited by passwords.
Amendments to the Terms and Conditions
The Operator reserve the right to alter, suspend or cancel this Service and respective Terms and Conditions, without prior notice and upon prior authorization issued by the appropriate authorities, with the new rules coming into force upon disclosure by publication on the website: megahunt.up.st.
No alteration may have retrospective effects, whereby all Participants and Subscribers registered up to the moment of the introduction of the alteration shall have equal rights. Each alteration, including the extension or reduction of the Duration Period of the Service, shall be included in and form an integral part of these Terms and Conditions and shall be introduced through the addition of an annex, which shall be applicable from the date of its publication on the website: megahunt.up.st.
No claim in respect of any alteration of the present Terms and Conditions is enforceable against the Operator following the moment at which this alteration becomes available for online consultation on the website megahunt.up.st.
In the event that the Service is suspended prior to the period designated for its conclusion, the Operator shall award the Prizes corresponding to the winners selected up to the date of the suspension of the Service, in accordance with the present Terms and Conditions.
Governing Law and Jurisdiction
Any dispute arising from or connected to this Service shall be subject to the exclusive jurisdiction of the competent Nigerian authorities and in accordance with Nigerian law.