TERMS AND CONDITIONS – SWAP R900 Instant Airtime Competition

PROMOTER

  • This competition is organised and promoted by SWAP Cellphone Payment System (Proprietary) Limited ("the promoter").

DURATION OF COMPETITION

  • This competition begins on 1 December 2008 and ends on 28 February 2009, both days inclusive.
  • Within three days of the end of the competition period, a random draw will take place to select one winner.

NOTIFICATION OF WINNER

  • The winner will be notified telephonically by a SWAP representative within two weeks of the date of the draw.

COMPETITION

  • It is a pre-requisite of entry into this competition that participants correctly answer all or any questions which form part of the entry requirements of this competition.
  • Entry into this competition is effected by the entrant sending an SMS message containing only the keyword ”AIR” to the premium-rated SMS number 33163.
  • Each SMS entry is charged at R1-50. Bundled and special rate SMS packages to which entrants may subscribe through their cellular service providers do not apply.

PRIZES

  • The prize shall be SWAP Instant Airtime vouchers to the value of R 900. Vouchers may be redeemed over more than one cellphone number and will be issued for use on the South African cellular network/s of the winner’s choice.
  • Prizes are not transferable and/or negotiable.
  • The promoter reserves the right to verify the identity of any prize winner.
  • The prize winner agrees to co-operate with the promoter in participating in any public relations exposure pursuant to this competition.
  • In the event that the prize winner is unable to accept the prize, or is disqualified for any reason whatsoever, the prize will become null and void and remain the promoter's property.
  • Any decision made by the promoter in this regard is final and no correspondence will be entered into and all participants acknowledge that they will have no recourse whatsoever against the promoter.

TERMS AND CONDITIONS

  • Upon entry into the competition, all participants and winners are deemed to have read and accepted these terms and conditions and agree to be bound by them, which terms and conditions will be interpreted by the promoter in its sole discretion and its decision in this regard will be final and binding.
  • Participants accept that they will be immediately disqualified without further notice upon breach or attempted breach of any of these terms and conditions.
  • The promoter reserves the right to make any amendments to the terms and conditions at any time and without prior notice, such amendments being deemed to have come into effect as soon as they are incorporated into these terms and conditions.
  • These terms and conditions constitute the whole terms and conditions relating to the subject matter hereof. No other terms and conditions, whether oral, written, express or implied will apply hereto.
  • The promoter reserves the right to extend, waive, relax or suspend any of these terms and conditions at any time and without notice. Any such extension, waiver, relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
  • No extension, waiver, relaxation or suspension of any of these terms and conditions shall operate as an estoppel against the promoter in respect of its rights under these terms and conditions, nor against the promoter in respect of its rights under these terms and conditions, nor shall it operate so as to preclude the promoter thereafter from exercising its rights strictly in accordance with these terms and conditions.
  • In the event of any dispute whatsoever, including any dispute concerning the ownership of a cellphone number, the decision of the promoter is final and binding and no correspondence will be entered into.

ELIGIBILITY

  • The competition is open to South African citizens and permanent residents of South Africa only, and the promoter reserves the right to request a prize winner to furnish proof of citizenship either by way of a valid South African identity document or valid driver's license.
  • A person who is a director, member, partner, employee or agent of or consultant to the promoter (or such person's spouse, life partner, parent, child, siblings, business partner or business associate) will not qualify or be eligible to enter this competition.

TERMINATION

  • The promoter reserves the right to terminate this competition immediately and without any notice. In the event of termination, all participants agree to waive any rights which they may have in terms of this competition and acknowledge that they will have no recourse against the promoter.

LIMITATION OF LIABILITY

  • Entering or participating in this competition shall not constitute an agreement between the promoter and the participant and no legally enforceable right in respect of the competition will arise on the part of the participant in respect of any contractual relationship which might exist.
  • The promoter will assume no liability for non-receipt of any entry due to hardware, software, browser or network failure of any kind.
  • The promoter assumes no liability whatsoever for any direct or indirect loss, injury or damage arising from any person's participation in the competition.
  • All participants and winners hereby indemnify the promoter against any and all claims, damages or loss howsoever arising, including but not limited to wilful misconduct or negligent acts or omissions arising from their participation in this competition.
  • The promoter will not be held liable for any misrepresentation of the prizes, the rules and the terms and conditions of this competition or any part thereof.
  • The promoter will not be liable to perform any of its obligations in respect of this competition if it is unable to do so for any reason whatsoever and will not be liable to compensate the winners in such circumstances.

GOVERNING LAW

  • These terms and conditions shall be governed by the laws of the Republic of South Africa.