1 Terms and Conditions for the Chemsha Bongo Na Airtel Chemsha Bongo na Airtel (hereafter referred to as Quiz Pack) is an SMS based Service, organized with the purpose of spreading general knowledge in a fun and interactive way for Airtel Subscribers. Organizing entity: Airtel Networks Kenya Limited, Registered Address: Parkside Towers, Mombasa Road, P. O. Box , Nairobi, Registration Number: C , (henceforth referred to as Airtel) 1. Eligibility 2. Participation 1.1 The Quiz Pack Service is open to all subscribers of Airtel Kenya, excluding all employees of Airtel Kenya and their immediate family. The Service also excludes agencies directly dealing with Airtel and Airtel contractors. The person that owns the SIM card, or has express authorization from the SIM card s owner to use it, is considered the Participant, regardless of the actual user of the phone. 1.2 The Quiz Pack will run in the English language for all Participants. 2.1 To play in the quiz pack, a new user will register by dialing USSD short code *395# free of charge and selecting the Subscribe option. After that the subscriber will receive questions from SMS shortcode with 2 alternative answer options A& B daily, to which the subscriber can participate by answering questions by sending either option A or B. 2.2 Only replies to short code from the subscriber will be charged (Ksh 5 per Message), receiving questions will be free of cost. 2.3 Subscribers will receive 100 points for each correct reply and 0 points for each wrong answer. Subscribers will receive a bonus of 50 points when joining the pack. Also all subscribers who register by sending an SMS with their name in the format WIN<space>First name, to at 5 Ksh per SMS, will be given 50 bonus points. Any SMSs that are successfully sent to at 5 Ksh per SMS but contain an invalid keyword will be treated as a wrong answer and will not be awarded any points. 2.4 A promotion will be carried out for increasing awareness and to promote usage on the Quiz pack where users will receive gratification on race to the top basis.
2 2.5 During the promotion period, the participants will accumulate points to improve their chances of winning the Grand Prize, Weekly Prize and Daily Prize during the Promotion Period. All prizes will be subject to a 20% Withholding Tax. 2.6 The Quiz Pack will be communicated through bulk SMS campaigns and other marketing channels owned by Airtel. 2.7 Participation in this quiz pack and any winnings are subject to these rules. Decision by Airtel, in consultation with BCLB, regarding any dispute will be final and binding. Airtel in consultation with BCLB, reserves the right to amend these rules at any time during the Quiz Pack. Airtel will not be required to provide any reasons for such alteration and no customer will have any claim whatsoever against Airtel, Associated companies and their Advertising and Quiz Service Agencies. All information, rules or conditions relating to this service, published in or any Quiz Service or advertising material in any media at any time before or during the quiz period, will form part of the terms and conditions of this service. 2.8 Airtel in consultation with BCLB, shall be entitled, in their entire discretion, to reject any entry for any reason whatsoever and will not be obliged to correspond with any person about the Quiz Pack. 3. Game Duration & Prizes 3.1 The duration of the Promotion period on the Quiz Pack will be 90 days starting from 18/10/ to 14/01/ The Quiz Pack comprises of daily periods of play (each referred to as a PRIZE PERIOD). 3.3 All participant(s) with the maximum score during the course of a day will be eligible for Daily Gratification. All participant(s) who have the maximum score during the course of a week will be eligible for weekly Gratification and all participant(s) who have the maximum score during the course of the entire promotion period will be eligible for Bumper Gratification. If the score is equal for multiple subscribers who are top scorers, then the gratification amount will be distributed equally among the top scorers in that respective category. 3.4 Subscribers can send an SMS with the keyword TOTAL, to 39000, to check their points accumulated till date.
3 3.5 For the duration of the promotion, a specific number of prizes are available, as defined in the table below: Gratification Grid Promo Period = 90 Days Category Cash (KES) Weekly Qty Weeks Total Qty/winners Total Cos (KES) Grand Prize 1,000, ,000,000 Weekly Prize 40, ,000 Daily Cash Prize (No Prize for First 6 days) 20, ,440,000 TOTAL Projected Amount 85 2,920, For all the Daily Prize draw winners, Prizes will be conferred within 20 days, during the Quiz Service Period except in the last week of the Quiz Service Period when prizes will be awarded at times to be communicated by Airtel. 3.7 For the Grand Prize winner, the prize will be conferred after the Quiz Service Period, at a time to be communicated by Airtel. 3.8 In any event, Prizes will be delivered no later than 90 days from the end of the Quiz Service Period at a time and place that will be communicated by Airtel. 3.9 Winners must accept Prizes as awarded. Prizes will not be exchanged for other prizes or for their value in cash and may not be transferred or exchanged 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 Cash prizes will be awarded through Airtel s mobile money transfer service, Airtel Money, however Airtel in consultation with BCLB, reserves the right to change mode of payment as it deems fit Airtel in consultation with BCLB, reserves the right to withhold the prize until satisfied that the claim is valid.
4 3.13 Airtel in consultation with BCLB, reserves the right to terminate the Quiz Service at any time without prior notice. 4. Game & Points 4.1 To register for the Quiz Pack customers will need to dial USSD short code *395# free of charge and selecting the Subscribe option.. All subscribers who register by sending an SMS, WIN<space>First name, to at 5 Ksh per SMS, will be given 50 bonus points. 4.2 After successful registration, the participants will receive a confirmation SMS and can start answering the questions 4.3 Once registered, the subscriber will be deemed as a Participant until the moment s/he cancels her/his subscription by sending STOP as an SMS to short code Participants will earn 100 points for each correct answer, and no points for a wrong answer. 4.5 Subscribers will have the opportunity to enjoy answering questions in the Quiz Pack, consisting of 50 questions with two answer options each (A or B). 4.6 For every response a Participant sends to a question, the Participant will receive in return: the confirmation on whether he has answered correctly or not, the points earned during the day, followed by the next question and answer options with call-to-action. 4.7 Participants may choose to opt-out from the Quiz Pack by sending an SMS bearing the word STOP to the Short Code Cost & Participation 5.1 The cost of the Service is Ksh 5 per SMS originating from the user. 5.2 There are no other costs involved nor for participating in the Chemsha Bongo na Airtel Quiz Service. 5.3 All SMSes sent to the shortcode will be charged 5 Ksh/SMS. 5.4 Participants may unsubscribe from the Quiz Service at any time by sending an SMS bearing the word STOP the Short Code If the attempt to
5 unsubscribe via Short Code is un-successful, the Participant may call 100 or (Airtel Customer Care) for assistance. 6. Winner selection, notification and prize forfeiture 6.1 The selection criteria for the Prizes (refer to clause 3.10) are as below: Grand Prize: All participant(s) who have the maximum score during the course of the entire promotion period will be eligible for Grand prize Weekly Prize: All participant(s) who have the maximum score during the course of a week will be eligible for weekly Gratification Daily Prize: All participant(s) who have the maximum score during the course of a day will be eligible for Daily Gratification The gratification amount will be distributed among the top scorers in the respective category if the score is equal for multiple users who are top scorers. 6.2 The Participant s points are accumulated along the Quiz Service only for the Grand Prizes. For the Weekly Prizes, the participant s points will be accumulated only for that week and will not be carried over the next and subsequent weeks. 6.3 A participant will be eligible for 1 Daily Prize and 1 Weekly Prize in the Quiz service period based on below criteria: A participant can get only 1 Daily Prize in the Quiz Service period irrespective of the MSISDN used by the participant, but will still be eligible for the Grand prize and Weekly Prize provided the criteria are met. The winner will still be charged for the Service and will be able to answer questions and continue to accumulate points accordingly for the Grand and Weekly Bumper Prizes, but he/she will be excluded from any subsequent draws for Daily Prizes A participant can get only 1 Weekly Prize in the Quiz Service period irrespective of the MSISDN used by the participant, but will still be eligible for the Grand prize and Daily prize provided, the criteria are met. The winner will still be charged for the Service and will be able to answer questions and continue to accumulate points accordingly for the Grand Bumper Prize, but
6 he/she will be excluded from any subsequent draws for Weekly Prizes. 6.4 The selection of the winner for the Daily Prizes will be done within 20 working days, the selection of the Weekly Prize will be conducted at the end of the week, as per the schedule* and the selection for the Grand Prize will be conducted after the Quiz Service ends. If the Winner Selection Day falls on a public holiday or weekend, the winners will be selected in the following working day. The Winners Selection is executed using an online interface connected to the competition database. 6.5 Airtel in consultation with BCLB, reserves the right to vary the dates of draws and announcement of winners during the Quiz Service Period. 6.6 The draws are electronic, based on a random algorithm and with no human intervention. All draws will be supervised by an auditor from BCLB and a representative of Airtel s Marketing Department. 6.7 For every Weekly and Grand Prize, one winner and 5 alternate winners are selected. Alternate winners shall not been titled to receive a prize except in accordance with these Terms and Conditions. 6.8 The winner of the Grand prize will be contacted via voice call by Airtel from the mobile number Three (consecutive) voice call attempts will be made to contact the mobile number of the winner, on the day of the draw. If the winner cannot be contacted during this period, he is disqualified and forfeits the prize and Airtel will attempt to contact the next alternate winner. The next alternate winner will be contacted and so forth until the winner is selected. Airtel s decision will be final and no correspondence or claim will be entertained. Airtel will need to verify that the winner is the legal owner of the subscriber MSISDN and complies with the rules of this Quiz Service in order to claim the prize. For this purpose, the winner must present both, his National Identity Card or Passport and SIM Card for verification by Airtel. 6.9 Airtel will verify the eligibility of the winner in line with these terms and conditions, and require the winner to sign a prize acceptance form prior to handing over the prize. If it is found that the winner was ineligible to the Quiz Service, he is disqualified and forfeits the prize and the next alternate winner is contacted A winner under the age of 18 years must be accompanied by his / her parent or guardian, with proper identification documents (ID / Passport) to collect the prize.
7 6.11 If the winner has any outstanding debts towards Airtel, these need to be settled within five (5) working days of being contacted by Airtel If outstanding debts are not settled within that period, the winner forfeits the prize If a winner fails to redeem his/her Prize within 90 days from the date established by Airtel, the unclaimed prize will be surrendered to BCLB If the winner and all next alternate winners forfeit the prize, the prize is deemed unclaimed and remains at the disposal of the BCLB By accepting a prize, the winner consents to the use of his first and last name, place of residence, photograph and likeness in any Quiz Pack material produced by Airtel. Such use does not entitle the winner to any further compensation. Prize Winners are required to be available for media interviews Winners are liable for payment of any taxes, duties or other charges legally applied on prizes under any relevant current legislation Any winner, during any stage of selection, acceptance or delivery of the prizes, may be disqualified for the following reasons: 7. Abuse and disqualification In the event that, for any reason, communication with the winner is rendered impossible SUBJECT to these Terms and Conditions; In the event that, for any reason, the winner does not sign either the relevant prize acceptance declaration or refuses to allow the use of his/her personal data according to this Regulation; In the event that the holder of the subscription has outstanding debts towards Airtel that are not paid within the terms specified above; In any other cases as shall be stipulated by law or Airtel policies.
8 7.1 Participants are not allowed to use machines that automatically send SMS messages or automate/facilitate the answer process or any other alternative way 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). Airtel has the right to disqualify any Participant under the suspicion of breaking this condition. 7.2 Airtel may refuse to award any prize if any irregularities or fraudulent activities are detected. 8. Airtel s responsibilities 8.1 Airtel s responsibility is strictly limited to giving the Prizes. Airtel 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 Airtel, when they are registered in the QUIZ 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 QUIZ SERVICE s IT system. Participants recognize and accept that the message logs of the informatics system of the QUIZ SERVICE s IT System is the proof of the date, hour, minute and second of receiving/ sending each SMS message or voice input. 8.2 Airtel does not take any responsibility for failure of any Participant to win any prize. 8.3 Participants may request additional information with respect to the total number of points registered with their mobile telephone number, content of the prizes, other details regarding the prizes, or any other matter connected to the PROMO, as well as suggestions or possible complaints, by calling 111 from a mobile telephone that is subscribed to Airtel s mobile network, during the QUIZ SERVICE PERIOD. 9. Personal Data Protection 9.1 By participating in the Quiz Pack, the Participants expressly agree that personal data which they supply shall be processed by Airtel for the purposes of executing the Quiz Pack and also for the purpose of advertising the Quiz Pack and Airtel. It is hereby specified that Airtel guarantees that publicity, entailing the sharing with third parties of personal data supplied as a result of participation in the Quiz Pack, (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,
9 the 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 Quiz Pack). The winning Participants give, through their participation in the Quiz Pack, express consent for the use of this data in formats herein defined. Following the termination of the Quiz Pack, the personal data will be destroyed. 9.2 In accordance with local laws and regulations, Airtel respects the privacy of Participants of this Quiz Pack, 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 Quiz Pack 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 themselves. The data will be stored on servers with access controlled on a need-to-know basis and limited by passwords. 10. Governing Law & Amendments 10.1 Chemsha Bongo Na Airtel is organized under and governed by the laws of Kenya These Terms & Conditions are valid during the QUIZ Pack PERIOD unless earlier amended or suspended by Airtel or BCLB. 11. Intellectual Property 11.1 All the ownership and intellectual property rights in the footage and visuals taken of any participant, his/her family and surrounding onlookers is and shall at all times remain the sole property of Airtel Use of the materials stated above shall be at Airtel s sole discretion and they will be entitled to disclosure any of the participants details for administering the Quiz Service, marketing and research related activities, fraud prevention and such other purposes as may be provided in these Terms and Conditions and applicable law. CAUTION Airtel does not require subscribers to send airtime, money or any other consideration in order to collect Prizes and will not be liable for any losses or other damages incurred by subscribers who do not heed this caution.
10 ADDITIONAL TERMS & CONDITONS: Issuance of Prizes Prizes will be issued at such places as may be designated by Airtel. All Prizes are issued on an as is basis and subject to the manufacturer s warranty. The winner shall be deemed to have inspected the Prize upon issuance. Upon receipt (transfer of physical possession of the Prize from Airtel to the Winner) at the designated location, the risk in the Prize shall pass to the Winner and Airtel shall not be responsible for any of the following: - a) Transportation and/ or safety of the Prize; (b) Installation, performance and / or use of the Prize AND Airtel makes no warranties in this regard; (c) Any damage or loss suffered by the Winner or any third party as a result of collection, use or any other matter arising from issuance of the Prize to the Winner AND the Winner shall indemnify and keep Airtel indemnified in respect of such claims for loss or damages.