MyClub Quiz

MyCLUB QUIZ Terms and Conditions

 

1.0      PROSPECTIVE PARTICIPANTS

 

1.1     The ‘MyClub Quiz” (“Quiz”) is open to all, who are residents in Nigeria and are 18 years and above at the commencement of the quiz.

1.2     Persons below the age of 18 years must first obtain parental consent to   participate in the quiz.

 

1.3     The parent/guardian of the participants acknowledges and agrees that these terms and conditions shall be binding upon them and to allow his/her child to participate in this Quiz.

2.0     RESTRICTION

2.1 Employees of the Fun Mobile Limited, their associated agencies, dealers, distributors, sponsors and immediate families are prohibited from participating in this Quiz.


3.0   DURATION

3.1   The Quiz shall commence weekly at 12:10am on Monday and end at 11:59pm on Sunday (“Weekly Quiz Period”). The Accumulated points will be reset to Zero (0) at the end of the Weekly Quiz Period

3.2   The Quiz will run from 12:00pm on Monday, 14th March, 2011 and will end at 11:59pm on Sunday 27th March, 2011 both dates inclusive (“Quiz Period”).

4.0   PRIZE
4.1   For the purposes of this Quiz, Funmobile shall award the following prize:
i.    Each winner shall win a Blackberry Phone;
ii.     1 (One) Quiz winner will be selected each week based on the total number of points accumulated within the week;
iii.   A total of 2 (Two) winners shall be selected during the quiz period to receive Blackberry Phone
iv.   Each participant is only eligible to win a maximum of 1 (One) prize during the entire Quiz Period.

 

5.0     TERMS AND  CONDITIONS

5.1    Winners will be contacted by Fun Mobile on their mobile phones via a phone call and their particulars will be posted within seven (7) working days after the completion of the Quiz Period on Funmobile’s website:www.funmobilelive.com or any other medium as Funmobile deems fit.

 

5.2    Participants are encouraged to keep their mobile phones activated during this period. In the event that it is impossible to establish telephone communication with the selected winner within 72 (Seventy Two) hours, that winner shall automatically be disqualified and the next qualified participant shall be selected.

5.3     No winner shall be contacted via SMS

5.4     Names and Particulars of all winners will be posted on www.funmobilelive.com. By participating in the Quiz, the participant expressly consents to his/her particulars to be posted on www.funmobilelive.com or any other medium as Fun Mobile deems fit for purposes of announcing the winners.

 

5.5     Announced results are not subject to appeals or review.

5.6     Prizes for the quiz must be collected within 14(Fourteen) days from the date of notification. It will be the responsibility of each winner to collect his or her prize at Fun Mobile office

 

5.7     Fun Mobile, reserves the right, in its sole discretion, to disqualify any participant that is found or suspected of tampering with the Quiz process and/or the operation of this Quiz. Fun Mobile reserves the right to disqualify any participant and/or to forfeit the Quiz prize from a participant it believes has engaged in any fraudulent practices and/or activities detrimental to the successful operation of this Quiz.

 

5.8 If a specified prize becomes unavailable due to unforeseen circumstances, Fun Mobile may at its discretion, without notice, substitute a similar prize or one of equivalent value. All prizes are neither non-transferable nor redeemable for cash.

 

5.9 Prizes may only be collected upon verification of the winners’ National Identity Card or Drivers License or International passport and other security questions as Fun Mobile may deem fit.

 

5.10 All prizes are used/taken entirely at the risk of the winner at all times and Fun Mobile excludes all warranties in connection with any prize to the extent permitted by law.

 

5.11  Participant’s accumulated points will be reset to Zero (0) at the end of the Weekly Quiz Period

6.0     TAXES
6.1   Winners shall assume full and exclusive liability for the payment of all taxes (including penalties) as a result of a prize being awarded or received.

7.0 GENERAL

7.1   Acceptance of the prize constitutes permission to Fun Mobile and its agencies to use the winner’s name, photograph and/or particulars for purposes of advertising and trade without further compensation and notice, unless prohibited by law.

 

7.2   Fun Mobile reserves the right to, at any time; change any aspect of the quiz (including the questions, prizes, discontinuing or postponing the Quiz) or any part of these terms and conditions without prior notice.

 

7.3   Fun Mobile, its agencies, affiliates, sponsors and representatives are not responsible for any claims, liability, loss or damage arising out of or in connection with the Quiz promoted by Fun Mobile or defect in the prizes or misuse of any prize.

 

7.4   Fun Mobile shall in no event be liable to the participants and/or Parents/guardians for indirect losses or consequential damages of any kind (including, without limitation, loss of revenue, profit or anticipated profits.) Any exclusion or limitation of liability under the Contract shall exclude or limit such liability not only in Contract but also in tort or otherwise at law.

 

7.5   By participating in this Quiz, the participant and/or Parent(s) agrees to release and hold Fun Mobile free from any losses, damages, rights, claims and actions of any kind in connection with this Quiz or resulting from acceptance, possession, or use of any prize, including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy.

 

7.6   The due observance and fulfillment of the above terms and conditions in so far as they relate to anything to be done or complied with by the participant and/or Parent shall be conditions precedent to any entitlement (if any) of the participant to receive a prize and/or reward pursuant to this Quiz.

 

8.0 DISPUTE RESOLUTION

8.1      Any dispute arising between Funmobile and the Participants in connection with this Agreement or its subject matter that is not resolved between the Parties within 14 (Fourteen) days after the written declaration of such dispute by any of the Parties shall be referred to Arbitration.  The Arbitration shall be held in Lagos and presided over by an Arbitrator or Arbitrators in accordance with the provisions of the Arbitration and Conciliation Act (Cap 19) Laws of the Federation of Nigeria 1990.

 

8.2      The appointment of a Sole Arbitrator shall be by mutual consent of the Parties on the application of any of the Parties for arbitration.  Where the Parties are unable to agree on a Sole Arbitrator within 3 (Three) days of the notification of any dispute or difference, such dispute or difference shall be submitted to a panel of three Arbitrators, where each Party shall select an Arbitrator and the two arbitrators so selected shall select a third arbitrator to complete the panel, where they are unable to agree on the choice of the third arbitrator, such selection of the third arbitrator shall be referred to the President of the Institute of Chartered Arbitrators of Nigeria for selection and appointment.

 

8.3      The decisions or determinations made by an Arbitrator or Arbitrators in respect of disputes hereunder shall be final and binding on all the Parties and shall be enforceable in the same manner as the judgment of the High Court of Lagos State. Any one of the Parties shall be entitled to issue a notice to commence the process of arbitration.

 

8.4      In the event that arbitration or litigation proceeding is commenced to enforce any of the provisions of this Agreement, to recover damages for breach of any of the provisions of this Agreement, or to obtain declaratory relief in connection with any provisions of this Agreement, the prevailing party shall be entitled to recover reasonable Attorneys’ fees and costs, whether or not such action proceeds to judgment. The prevailing party shall be determined by either the presiding Arbitrator in the Arbitration proceeding or by the presiding Judge of the Lagos High Court.

 

9.0    FORCE MAJEURE

9.1      Any delay in, or failure to perform this Agreement by Funmobile shall not constitute failure by Funmobile or give rise to any claims for damages against it if such delay or failure of performance is caused by force majeure such as but not limited to Acts of God, acts of war or revolution, civil commotion, strikes (other than strikes limited solely to Manager’s personnel), destructive floods, earthquakes, destructive lightning, epidemics or other circumstances which are beyond the reasonable control of Funmobile and which it could not reasonably have foreseen or guarded against and which by the exercise of reasonable care and diligence it was  unable to prevent or mitigate.

 

9.2    Funmobile shall not be held liable for any technical or network failure,  which has led to the delay, difficulty or impossibility of sending or receiving SMS messages.

 

9.3    Any claim of a participant will be resolved by Funmobile, if it is well founded, and repairing the prejudice, if possible.

 

10.0   GOOD FAITH

10.1 The parties shall in all matters act loyally and faithfully to each other and in all matters act in such manner as it reasonably considers to be most beneficial to their mutual interests.

 

11.0  CONFIDENTIALITY

11.1    Any proprietary information obtained in the course of the Quiz  competition shall remain and be utilized exclusively for the ultimate maximization of the competition

 

11.2 The Parties agree to treat as secret and confidential and not at any time or for any reason during or after the expiry or termination of this Agreement to disclose or permit to be disclosed to any person, or to otherwise make use of or permit use to be made of any Confidential Information whether such Confidential Information was received during the term of this Agreement or otherwise.

 

11.3 For the purposes of this Agreement, all information, documents or data provided to any of the participants, including this Agreement and any other agreements shall be deemed to be confidential and/or proprietary information to the Parties.

 

12.0 TERRITORY

12.1 The competition will be valid in the territory known and recognized as the Federal Republic of Nigeria.