article

KENYA BREWERIES LIMITED

GUINNESS “17:59 CALLING” PROMOTION Terms & Conditions

TERMS OF ENTRY

The following terms and conditions apply exclusively to the aforementioned promotion and all participants in the promotion are deemed to have read, understood and accepted the same:

 

Eligibility

  1. This promotion is restricted to persons above the age of eighteen (18) years only. Proof of age shall be required prior to redemption of any prize.
  1. Employees of East African Breweries Ltd Group of companies (KBL, UDV, EAML, SBL, and UBL) it’s distributors and stockists, Ogilvy, BBDO, Metal Crowns Ltd, Zilojo, KPMG, Southwell Solutions Limited, Carat, True Blaq, Iprospect, Posterscope and any other supplier or third party directly involved with the facilitation of this promotion are NOT eligible to participate in the promotion.
  1. Kenya Breweries Limited (KBL) reserves the right to seek verification of eligibility to enter and receive a prize under these Terms & Conditions. If, in KBL’s reasonable opinion, a winner is found to be ineligible, KBL reserves the right to require the return of any prize already awarded, at its sole discretion in consultation with Betting Control and Licensing Board (BCLB) and such winners will be disqualified.

 Promotion Period

  1. The promotion is for loyal Guinness customers and will run from 07 February 2018 to 01 April 2018.

  2. KBL in conjunction with the BCLB reserves the right to change the promotional dates as it deems fit. Decisions made by Kenya Breweries Ltd in consultation with BCLB shall be final and binding.

How to Participate

  1. To enter the promotion, participants will be required to purchase a 300ml or 500ml Guinness, promotional product and check under the crown to find a 10 numeric digit code. This code on its own is neither a lucky number nor does it guarantee a participant anything in return.
  1. To participate, participants will enter the promotion by dialing *759*(through USSD) then key in the 10 numeric digit code under the crown# (*759*11 digit code) (which is valid for one (1) entry only).
  1. The first entry of a valid code will take the customer through the registration process. This will be a USSD interaction where the customer will be prompted to provide their age and home region. Upon completion of the registration process, the customer receives guaranteed SMS and data reward.                    
  1. Each subsequent entry gives the participant a chance to win instant prizes (SMS and data, talk time and cash) and will also stand a chance to win KSHS 100,000 on the weekly draws. Each SMS entry is entitled to one win only.
  1. In the event that a participant sends a code that is blank, a guessed code or mistypes the 10 numeric digit code under the crown, the participant will receive a regret message saying the 10 numeric digit code under the crown is invalid.
  1. In the event that a participant sends a 10 numeric digit code under the crown that has already been sent to the short code for the competition, the participant will receive a regret message saying the code on cap has already been used.
  1. A unique number can only win once throughout the promotion period. The rewards on entries will be based on the number of valid entries the consumer has entered.
  1. On entry into the promotion, the participant shall be required to confirm that they are above the Legal Purchasing Age (18 years +) in line with legal and regulatory requirements.

 Selection of Winners

  1. Systems and controls around the selection of the winners have been validated by KPMG, an independent risk assurance firm.
  1. Winners will be selected instantly after sending *759*unique code#. The winner selection process is an automated process run by the CSP (Southwell Solutions Limited) servers.
  1. The selected winners will be rewarded at the sole discretion of KBL and BCLB and will win instant fabulous prizes at various entries including SMS and data, talk time minutes, and cash. Winners of prizes will be notified through a direct messages on their phones.
  1. Winners of the various prizes will be informed in accordance with the guidelines submitted to the BCLB and the decisions made on the same by KBL and BCLB, in consultation with KPMG, shall be final and binding.
  1. Prizes are redeemable in Kenya only and are not transferable.
  1. In the event that there are any taxes applicable to the prizes, KBL will deduct the same and remit to the tax collection agency.

 Notification of reward

  1. Winners will have their reward (cash, data and talk time minutes) transmitted instantly through mobile money transfer services.
  1. KBL will not be liable for any delays brought about by failure of mobile telephone networks and mobile money transfer systems, failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability, or for traffic congestion or unauthorized human acts. 
  1. Winners who are not registered with the designated mobile money services as selected by KBL for purposes of this promotion have to collect their cash from the respective mobile money agents within 7 days as stipulated by Communications Authority of Kenya regulations. Failure to do so will lead them to forfeiting their prize.

    KBL shall not accept liability where a winner for one reason or another cannot access their money once it has been sent to them e.g. where the mobile network has suspended the recipient’s mobile money account, or if they are not accessible via the mobile money service.

Use of Personal Data

  1. By agreeing to participate in the promotion you are giving KBL permission to contact you for further information.
  1. By agreeing to participate in the promotion, all winners of the prizes agree that their full names, photos, video footage and other details be made public in such media that KBL may choose and that they will further agree to participate in all public relations and marketing activities of KBL on such terms, as KBL may require without any additional consideration.
  1. All the ownership and intellectual property rights in the footage and visuals taken of any participant, his/her family and surrounding on lookers is and shall at all times remain the sole property of KBL.
  1. Use of the materials stated above shall be at KBL’s discretion and KBL shall be entitled to disclose any of the participant’s details for administering the promotion, marketing and research related activities, fraud prevention and such other purposes as may be provided in terms and conditions herein and the law. 

Disqualification and Termination

  1. The promotion is offered at the sole discretion of KBL and KBL reserves the right, subject to any discretion from the BCLB, to amend or vary these terms and conditions or to suspend/amend/terminate the promotion at any time.
  1. In case any of these circumstances arise, notice will be given by KBL through media advertisements. The notice will be effective immediately or on such date as shall be set out in such notifications.
  1. KBL reserves the right to terminate any participant’s participation in the promotion or their registration upon:
    - Detection of fraud or attempted fraud relating to the participant or their registration; or
    - Breach of any of these terms and conditions; or
    - Such circumstance as may be determined by KBL and BCLB.
  1. If participation in the promotion is terminated under any of the circumstances set out in clause 32 above, the participant will lose the right to redeem his/her prize and the same will be deemed to have been forfeited. In addition, KBL reserves the right to take appropriate legal action, as it deems necessary, and recover damages and other expenses incurred in pursuing such action.

Other Terms

  1. This competition remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya) 1991, and all other applicable laws. Any disputes arising hereunder shall in the first instance be resolved in accordance with the aforementioned provisions.
  1. All queries should be directed to the customer care helpline number 0701 000 001; available from 8:00am to 5:00 pm.
  1. KBL, upon notification of BCLB, reserves the right to amend and adjust the promotion format and timings as it deems fit.
  1. KBL, upon notification of BCLB, reserves the right to amend the prizes as it deems fit at any point in the promotion.
  1. KBL DOES NOT require you to send money, airtime or mobile money funds or any other consideration in order to participate or claim any prize in this promotion, and KBL will not be liable for any losses or other damage incurred by any person who does not heed this caution.
  1. Although KBL has used reasonable efforts to ensure that all information and materials relating to the promotion are accurate, KBL shall not be liable for any inaccuracy or errors in such information and/or material. KBL, its agents and sub-contractors will also not bear responsibility for any loss or damage to a participant, whether caused by self or any third party, arising from: 
    - Matters outside the control of KBL, its agents and sub-contractors including but not limited to force majeure events such as acts of God, computer viruses, power outages, etc.
    - Any technical failure or malfunction or any other problem with any machine, telephone network or system, service provider software or otherwise which may result in missing characters in the promotional packs, any entry being lost or not properly received, registered or recorded.
    - Any unforeseen defects in promotional materials supplied or manufactured by third parties including but not limited to labels and crowns.
    - Any acts of negligence by the Employees of KBL, KPMG or BCLB or their agents, associates and assigns.
    - All errors and/or omissions related to this promotion and/or promotional products should be reported in writing to KBL within 7 days of discovery of the error or omission. KBL does not warrant that all errors and omissions can be resolved to the satisfaction of participants, or at all and therefore errors and omissions are exempted.
  1. Any persons attempting to make false claims shall be prosecuted. Prizes shall not be transferable to third parties and they will not be exchanged. The promotion is open to Kenya residents over 18 years only.
  1. All updated Terms and Conditions will be available for inspection on the eabl.com website. It is the responsibility of the participants to review these Terms and Conditions. The participant’s continued participation in this Promotion shall be deemed to be the participant’s acceptance of any changes to these Terms and Conditions. 
  1. In the event of any inconsistency between these Terms and Conditions and any terms and conditions printed or displayed on any marketing materials published or broadcast in any media (such as but not limited to the internet, television, radio, newspaper, magazines etc) relating to the Promotion, the terms contained in these Terms and Conditions here shall prevail. 
  1. If any term or provision of these Terms and Conditions is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Terms and Conditions shall not be affected. 
  1. These terms and conditions are subject to interpretation by KBL and any questions or disputes shall be resolved by KBL and BCLB and the decisions reached thereafter shall be final.

 

BCLB No. - 002345