Terms & Conditions
A. The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations, and legal responsibilities which Mobile Telephone Networks – MTN (“The Network”) and FLASH Mobile Vending (PTY) Ltd, registration number 2010/000777/07. (referred to as the “Promoter/s”) will have towards Customers and other persons. These Terms and Conditions also limit and exclude Customers rights and remedies against the Promoter/s and place various risks, liabilities, obligations, and legal responsibilities on Customers. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and the Promoter/s may also have claims and other rights against Customers.
B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the “Consumer Protection Act”), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
C. Please read these Terms and Conditions carefully. Participation in this offer will constitute Customers agreement to comply with these Terms and Conditions. If Customers do not agree with these Terms and Conditions, please do not participate in this offer.
SECTION 49 CONSUMER PROTECTION ACT NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES 1,2,3, 4,5.
1. Terms and Conditions:
1.1 It is important that you understand and agree to these terms and conditions for you to participate in the FLASH/ MTN Win Your Share Campaign (the “Campaign”).
1.2 This Campaign is open to all MTN customers and FLASH Traders who are 18 years or older, who RICA and activate MTN starter packs, as well as sell / buy the MTN airtime or data from FLASH.
1.3 Directors, members, partners, employees or agents of or consultants to FLASH or their sponsorship agency, or spouses, life partners, parents, children, brothers, sisters, business partners or associates of such persons are not eligible to enter the Campaign and cannot receive campaign rewards.
1.4 The Campaign will run from 01 November 2018 to 31 January 2019 (“the Campaign period”). After which no further entries will be permitted.
1.5 You understand that all information (including these terms and conditions) relating to this Campaign published on any promotional or advertising material or on our website at any time before or during the incentive period will form part of the terms and conditions of entry. FLASH also has the right to withdraw this Campaign before the final draw.
1.6 No responsibility can be accepted for entries not received for whatever reason.
2.1 The rewards that can be claimed in this Campaign are as follows:
45 x Nokia 3 Smart Phone Devices and a share off R167,400.00 (face value) in Data bundle rewards. These values are for the full campaign period.
2.2 FLASH reserve the right to substitute, change or exchange any reward with another reward of similar commercial value without notice, in their sole discretion. You will not have a claim against FLASH in this event.
2.3 It is important that you understand that all participants in the Campaign indemnify FLASH, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential, or otherwise, arising from its participation in this Campaign.
2.4 FLASH decision in respect of all matters to do with the campaign will be final and no correspondence will be entered into.
3.1 How to participate in the Campaign:
3.1 To Participate in this Campaign, you must:
3.1.1 Purchase a minimum of R20 (face value) MTN data voucher from a FLASH device / application and dial *130*3621*0*Voucherpin# to enter.
3.1.2 Every R20 (face value) MTN data voucher purchased and string dial in, will qualify as a valid entry to win 1 of 15 smartphones monthly and a chance to win a share of MTN data daily. EG. R60 (face value) MTN data vouchers purchase via the USSD string, will qualify the entrant with 3 entries.
3.1.3 Consumers who buy R20 (face value) MTN pinless / direct top-up Data from a FLASH device / application, will receive an automatic entry into the competition. No string will be required to be dialled. EG. R60 (face value) MTN data pinless voucher purchase equals to an automatic entry and will qualify the entrant with 3 entries.
4.1 The Consumer stands to win:
1 of 15 Nokia 3 Smartphones Monthly. A total of 45 smartphones will be available for the full campaign period. Various MTN Data vouchers will be awarded daily, to consumers that dial the string and or who received automatic entries due to the pinless / direct top-up purchases. The allocation of MTN data vouchers, will be random, with a maximum of 30 MTN Data vouchers being awarded daily, across both voucher and pinless data sales form a FLASH device / application. Smartphone winners will be selected based on number of entries per month. Each Smartphone winner will only be eligible to win one Smartphone for the duration of the campaign irrespective of the number of subsequent entries.
5.1 Draw Date:
5.1 Draw will take place, no later than; the 10th of the following month and winners to be announced no later than; the last day of the month following the draw. EG. Competition month = November 18, Draw will take place no later than 10 December 18, with results being announced by 30 January 19.
6. If you qualify for the Campaign Rewards:
6.1 If you are selected as a winner, you will receive an SMS / Call / E-mail. You agree that FLASH may contact you.
6.2 FLASH reserve the right to verify, by whatever means necessary, your eligibility to participate in this Campaign.
6.3 If the drawn winner cannot be contactable within two weeks of the draw date, they will forfeit the prize and the prize will once again be distributed by way of a separate draw. The ineligible winner will have no claim of any nature whatsoever against FLASH, their directors, affiliates, members, partners, employees, sponsors, agents, or consultants.
6.4 If you receive a reward, FLASH may publish your name and photograph at no cost to you, for any advertising, promotional, print, point of sale or public relations material for a period of 12 (twelve) months from the end of the Campaign period. You are entitled to say no to this request.
6.5 FLASH cannot be held liable for the interception or loss of your personal information while transmitted, stored, or processed across the internet, including social media sites and assumes no liability for any interception or loss.
6.6 It is important that you understand that all participants in the Campaign indemnify FLASH, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential, or otherwise, arising from its participation in this Campaign. Prior to receiving the reward, Flash may require you to sign such indemnity.
6.7 If a winner cannot provide such indemnity, they will forfeit the prize and the prize will once again be distributed by a separate draw. The ineligible winner will have no claim against The Promoter in this event. The Promoter reserves the right at any time prior to final draw, to vary the nature of the competition or the prizes or to vary these terms and conditions or to withdraw the competition. In such event, all participants hereby waive any rights that they may have against Flash and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against Flash, their directors, affiliates, members, partners, employees, sponsors, agents, or consultants.
6.8 Any amended terms and conditions published in any media will immediately form a part of the terms and conditions of the competition, to which terms entrants agree the competition is subject.
6.9 Flash may amend, modify, or otherwise change these terms and conditions in its sole and absolute discretion on notice to you and the amended version will be displayed in the same media as these terms and conditions. By participating or continuing to participate in the Campaign, you agree and understand that you will be bound by the amended terms and conditions.
7.1 In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate you as a customer on the network.
7.2 The Network is obliged by law not to activate your SIM card on the network if you have not complied with the RICA registration requirements.
7.3 By law, if a SIM card is lost, stolen or damaged, you are required to immediately notify the South African Police Services in writing. You will also have to immediately notify the Network and request the SIM card to be suspended.
7.4 If you wish to transfer/sell your SIM card to another person (other than a family member), you are required to contact your Service Provider to report such a transfer to the Network, and the Network is required by law to deactivate the SIM card. Before the new holder of the SIM card can use the SIM card, they must provide proof of their full names, surname, Identity Document number and residential address to an approved Network RICA officer to register them as a customer on the network. Once they have complied with RICA, and the RICA information is received by the Network, the Network will reactivate the SIM card.
7.5 If you change ownership to a third party, the Promotional Offer is not transferable.
7.6 Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider for more information.
8. Limitation of Liability
8.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 8.2 and 8.3 below, the Promoter will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):
8.1.1 If the Network does not supply or deliver any device or SIM card/s on the required date or time; or
8.1.2 If the Network services are interrupted, suspended, or cancelled, for whatever reason; or
8.1.3 If the Network does not suspend the provision of the Network services to you after you have specifically requested the Network to do so; or
8.1.4 If the loss or damage was caused by any negligent act or failure to act by the Network, its employees or agents; or
8.1.5 as a result of the use of any device supplied to you by the Network relating to this service.
8.1.6 Clause 8.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which the Network gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
9.1 Flash is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.
9.2 You will be able to access services only when you are in the Republic of South Africa in an area covered by the Network.
9.3 You will be solely responsible for all products and services contained in the Promotional Offer from delivery of the Promotional Offer to you. Accordingly, Flash take no responsibility for any loss or damage of any of the contents of this Promotional Offer including the SIM card, where applicable, or any Network Internet bundle credits associated with the SIM card. In the event of theft or loss of your device and/or SIM card, such items must be replaced at your own cost, you are obliged to report such loss or theft to the South African Police Services immediately, and to request the Network to suspend such SIM Card.
Where you have, during the application process, given your consent in store, you agree to:
a. The processing of your personal information (including your name, surname, id number, telephone number, transactional information and any other information which may be required in terms of the Financial Intelligence Centre Act, 2002, “FICA”) or any other law) (“Personal Information”) by Flash, their agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep your Personal Information confidential and will only use your Personal Information for the purposes of providing information about products and services to you and to comply with legal and regulatory obligations;
b. The collection of your Personal Information from any other source to supplement the information which Flash has about you;
c. The retention of your Personal Information indefinitely, unless you object, in which case we will retain such information only for as long as legally permitted;
d. The use of your Personal Information to send you information about products, services and special offers offered by Flash and its commercial partners that may be of interest to you
e. The use of your information for purposes required in terms of law, including FICA;
f. A credit enquiry being conducted about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct your account, to credit risk management services and/or crime prevention agencies.
The provision of your Personal Information in terms of this agreement is voluntary.
Subject to applicable law, you may access the Personal Information we have about you by contacting our call centre on 084 193 5274 / 083 903 5274 and request that applicable corrections be made.
If you are unhappy about the way we process your personal information, you should contact our call centre on 084 193 5274 / 083 903 5274. Alternatively, you may lodge a complaint to the Information Regulator.
The responsible party is Flash.
If you choose to be excluded from direct marketing campaigns in the future from Flash, you must advise Flash by contacting us on 084 193 5274 / 083 903 5274 or you can advise us in writing or register a block on any registry which we are bound by law to recognise.