KENYA BREWERIES LIMITED
GUINNESS “BE A FAN MADE OF MORE: WIN A TRIP TO CAIRO WITH TWO FRIENDS” NATIONAL CONSUMER PROMOTION
Terms & Conditions
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: -
- This Promotion is restricted to Kenyan residents who are eighteen (18) years of age and over. Proof of age shall be required prior to redemption of any prize.
- Employees of East African Breweries Limited Group of companies (KBL, UDV, EAML, SBL, UBL) it’s distributors and stockists, Interactive Media Services (IMS), PricewaterhouseCoopers Limited (PwC), BBDO MediaEdge, Smart Printers Ltd, Ogilvy PR Ltd, Trueblaq Ltd, SBO Research, Carat, Posterscope, Zilojo IProspect and any other supplier or third party directly involved with the facilitation of this Promotion and their immediate families are not eligible to participate in the Promotion. Each prize winner may be required to declare or affirm in the Form of Discharge that they do not belong to any of the restricted groups of persons listed above.
- Kenya Breweries Limited (KBL) in consultation with Betting Control and Licensing Board (BCLB) 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 BCLB and as such, the winner will be disqualified.
- The Promotion is open to all consumers who purchase a 500ml Guinness bottled promotional product and will run from 1st April 2019 until 30th June, 2019.
- KBL in conjunction with BCLB reserves the right to change the Promotional dates as it deems fit. Decisions made by KBL in consultation with BCLB shall be final and binding.
- A participant in the Promotion shall only be eligible to win only one prize during the Promotion period.
- By entering into the Promotion participants stand to win:
- Branded Merchandise for in bar draws.
- Cash via Mobile phone of Kshs. 250 or Kshs 500 or Kshs. 750.
- Exclusive merchandise for correctly predicting the match outcome for a selected match and outlets.
- Kshs 1000, Kshs 2,000, Ksh10, 000 or Kshs 5,000 weekly for 12 weeks in in-bar draws.
- Ksh 500,000 weekly winners for 12 weeks.
- 4 Grand draw winners of Kshs 1,000,000 and a trip to Cairo with two friends. A total of four Grand draw winners will be given an opportunity to travel to Cairo with two friends.
- There will be winners of cash prizes of Kshs 250 or Kshs 500 or Kshs 750 daily. There will be winners of Kshs 1,000 (2 winners per in-bar draw), Kshs 2,000 (2 winners per in-bar draw) Kshs 5,000 (1 winner per in-bar draw), Kshs 10,000 (1 winner per in-bar draw in selected outlets, (9) winners of the weekly prize of Kshs 500,000 and (4) Grand draw winners of Kshs 1,000,000 and a trip to Cairo with two friends. There will be weekly winners of branded merchandise prizes in in-bar draws. The nature of prizes to be awarded and the number of prizes to be awarded may be varied by KBL in consultation with BCLB.
- Prizes are redeemable in Kenya only and are not transferable.
- The branded merchandise, cash prizes and a trip to Cairo with two friends are non-transferable and cannot be redeemed for cash and have no cash equivalent. The branded merchandize is not exchangeable. KBL gives no warranties about the merchandise and the winners agree to accept the prizes on an “as is” basis. Subject to any applicable laws, the participants agree to indemnify KBL against any damages that anyone may suffer as a result of the prize(s) or this Promotion including economic loss, or any special, indirect, incidental, consequential or any other damage whatsoever and howsoever arising out of or in connection with this Promotion.
How to Participate
Under the Crown (“UTC”) Mechanic
- To enter the Promotion participants will be required to purchase a 500ml Guinness bottled Promotional product and check under the crown or scratch the panel located on the Guinness bottled promotion product to find a 7 character alphanumeric code. This code on its own is neither a lucky number nor does it guarantee a participant anything in return.
- Participants will be required to compose a text message (through SMS) by keying in the 7 character alphanumeric code under the crown which is valid for one (1) entry only, and send it to a mobile short code, number 29759. Each SMS sent will be charged at the prevailing normal rate for all mobile network subscribers (Safaricom, Airtel and Telkom). Participants shall be solely responsible for the content keyed into each SMS sent in connection with this Promotion and KBL shall not be liable in any manner in relation to each SMS sent in error or by mistake by the participant in connection with this Promotion.
- Each SMS entry entitles the participant to enter into one daily draw, one weekly draw (for UTC and In-Bar valid entries only) or one grand prize draw.
- The UTC participants will receive one of the below responses for each valid entry, either:
- You have a ‘FAN” response and will receive an instant cash prize.
- You have a “SUPERFAN” response and will receive an instant cash prize and one entry into the weekly draws for a chance to win Kshs 500,000 and an entry into the Grand draw for a chance to win Kshs 1,000,000 and Win a trip to Cairo with two friends.
- Participants who do not get a chance to win will receive a ‘SUPPORTER’ message to try again.
- Participants who are selected for a “SUPERFAN” shall be entered into weekly draws for a chance to win Kshs 500,000 and the grand draw for a chance to win Kshs 1,000,000 and a trip to Cairo with two friends.
- This mechanic will only be applicable to consumers who participate in the in-bar consumer experience by purchasing 500ml bottled Guinness promotional product during one of the in bar consumer experiences at selected outlets.
- Consumers spotted by authorized Guinness Brand Ambassadors drinking either the 500ml bottled Guinness promotional product during the in bar consumer experiences stand a chance to be offered the option of ‘FAN’ or ‘SUPERFAN’ or “MATCH ENGAGEMENT” for a chance to participate (Spotting/selection will be random). The option of “MATCH ENGAGEMENT’ shall be at selected outlets only.
- On its own, the “SUPERFAN” entry isn’t a lucky entry neither does it guarantee a consumer anything in return. The “FAN” entry however guarantees the consumer of an instant branded merchandise (GUARANTEED WIN).
- An instant prizes for the “FAN” entry are: Branded merchandise courtesy of Guinness.
- The FAN entry does not enter into any of the in-bar draws neither does it get into the weekly draws for a chance to win Kshs 500,000 nor the Grand draw for a chance to win Kshs 1,000,000 and Win a trip to Cairo with two friends.
- Participants who pick the SUPERFAN entry will be directed to compose a text message (through SMS) by keying in the 7 character alphanumeric code under the crown which is valid for one (1) entry only, and send it to a designated in-bar system draw engine via mobile short code, number Each SMS sent will be charged the prevailing normal rate for all mobile network subscribers (Safaricom, Airtel and Telkom).
- The participants will receive one of the below responses for each Valid entry, either:
- You have chosen a ‘FAN’ and will receive an instant merchandise
- You have chosen a “SUPERFAN” and will be entered into an in-bar draw for a chance to win Kshs 1,000, Kshs 2,000, Kshs 5,000 or Kshs 10,000, or Win a trip to Cairo with two friends courtesy of Guinness. You will also be entered into the weekly and the Grand draw for a chance to win Kshs 500,000 and a chance to win Kshs 1,000,000 and a trip to Cairo with two friends respectively.
- You have chosen to place your ‘MATCH ENGAGEMENT” where you will be given a chance to predict the match outcome for a selected match taking place on the same day as the in-bar consumer experience in selected outlets only.
- Participants who do not get a chance to win will receive a message to try again.
- A draw will be conducted in the bar where ‘SUPERFAN’ entries will be randomly selected from the designated in-bar system draw engine and the winners selected will receive prizes of Kshs 1,000, Kshs 2,000, Kshs 5,000 or Kshs 10,000, courtesy of Guinness. These draws will happen at selected outlets. Cash prizes to be won in selected outlets shall vary and decisions on which prizes shall be won in the outlets shall be at the sole discretion of KBL.
- All SUPERFAN entries will also enter into weekly draws for a chance to win Ksh 500,000 and the Grand draw for chance to win Kshs 1,000,000 and a trip to Cairo with two Friends. However, one SUPERFAN entry qualifies for one win only, and a winning entry will not be re-entered into any other draw.
Six Pack Can Mechanic
- This mechanic is applicable to promotional 6 pack Guinness Cans only.
- To participate, consumers are required to purchase a promotional 6 pack of Guinness Can product and scratch the panel on the promotional label affixed to the promotional 6 pack Guinness Can product to reveal a 7 character alpha-numeric code.
- Participants shall be required to compose a text message (through SMS) by keying in the 7 character alphanumeric code printed on which is valid for one (1) entry only, and send it to a designated system draw engine via mobile short code, number Each SMS sent will be charged at the prevailing normal rate for all mobile network subscribers (Safaricom, Airtel and Telkom).
- You have a ‘FAN” response and will receive an instant cash prize.
- You have a “SUPERFAN” response and will receive an instant cash prize and (1) entry into the grand draw for a chance to win Kshs 1,000,000 and Win a trip to Cairo with two friends.
- Participants who do not get a chance to win will receive a ‘SUPPORTER’ message to try again.
- All SUPERFAN entries will enter into one Grand draw for chance to win Kshs 1,000,000 and a trip to Cairo with two Friends at the end of the campaign. However, one SUPERFAN entry qualifies for one win only.
Terms of Validity of all SMS Entries
- In the event that a participant composes a blank text message, a guessed code or mistyped 7 character alphanumeric code under the crown, the participant will receive a regret message saying the 7 character alphanumeric code under the crown is invalid.
- In the event that a participant composes a text message or sends a 7 character alphanumeric code under the crown that has already been sent to the short code for the Promotion, the participant will receive a regret message saying the code on crown has already been used.
- A unique 7 character alphanumeric code can only win once throughout the Promotion period including if the winner is among the weekly draw winners. A unique mobile phone number shall be entitled to two eligible entries daily and a maximum of fourteen eligible entries weekly. Any additional entries beyond the maximum entries will not be eligible.
- On entry into the Promotion, the participant shall be required to enter their ID number onto the mobile platform for purposes of confirming that the participant is over the age of 18 years in line with legal and regulatory requirements.
- On radio, 2 participants stand a chance to win Guinness branded merchandise by being the first to correctly answer a trivia question in participating radio stations.
- Participants on radio will not be entered into the weekly draws for Kshs 500,000 or the Grand draw for Kshs 1,000,000 and a trip to Cairo with two friends.
- Participants can opt out of the Promotion by sending the SMS ‘STOP’ to 29759. You will receive a message confirming that you have been de-registered from the promotion. Upon deregistration, you will not be eligible to win prizes in the Promotion.
Draws and Selection of Winners
- Selection of winners will be at random and systems and controls around the selection of winners have been validated by PricewaterhouseCoopers (PwC), an independent audit firm.
- Draws shall be held at a time as may be agreed upon by KBL and BCLB.
- Draws falling on weekends and public holidays will be conducted on the next week day or working day as the case may be.
- Winners of the Promotion will be selected randomly by the servers of the PRSP (IMS Ltd) in the presence of the BCLB, PwC & authorized KBL staff whenever possible.
- KBL and BCLB reserve the right to reward or reject any randomly selected winner in case of any discrepancy.
Notification of Prize Winners and Redemption of Prizes
- Winners of the various prizes will be informed in accordance with the guidelines submitted to BCLB; and the decisions made on the same by KBL and BCLB, in consultation with PwC, shall be final and binding. No correspondence will be entered into regarding the outcome of the prizes awarded.
- KBL will notify the selected winners of the Ksh 500,000 and Grand draw winners of Kshs 1,000,000 and a trip to Cairo with two friends by a telephone call from the following number 0721985566.
- For the Under the Crown mechanic, KBL will make four (4) attempts over a period of forty eight (48) hours to contact the selected winners for the cash prize of Ksh 500,000 and Kshs 1,000,000. If the selected winner does not answer any of the call attempts within the prescribed period and identify himself/herself, he/she will be deemed to have forfeited their chance of winning the prize and KBL will thereafter conduct a re-draw for the forfeited prize pursuant to paragraph 44 of these terms and conditions.
- For the avoidance of doubt, missed calls and calls diverted to voice mail will not be deemed to have been answered for the purpose of this Promotion. The award of all winning cash prizes will be subject to the authentication of the identity of the selected winner through the presentation of the following: -
- Proof of identification: original identification entry/original passport
- Confirmation of winner details provided to KBL against mobile money transfer payment details.
- Subject to any technical issues beyond KBL’s control the winners of Kshs 250, Kshs 500, Kshs 750, Kshs 1,000, Kshs 2,000, Kshs 5,000, and 10,000 cash prizes will have the cash prizes transmitted to their phone through mobile money transfer services within 4 working days of receiving confirmation of their having been selected as winners. Winners of Kshs 500,000 shall receive prizes via cheque which will be collected from KBL offices within 10 working days of receipt of the notification. The Grand draw winner of Kshs 1,000,000 will receive 50% of their prize via cheque which will be collected from KBL offices within 10 working days of receipt of the notification and thereafter receive the remaining balance of 50% of their cash prize paid before travelling with 2 friends to Cairo. Winners shall ensure that they provide correct and accurate bank details.
- Winners of the Kshs 500,000 and the Kshs 1,000,000 plus a trip to Cairo with two friends will be required to travel to Ogilvy PR offices (or any location as communicated by KBL) to sign an acceptance letter for prize redemption. All related expenses shall be borne by the winner. Prize redemption of a trip to Cairo with two friends shall be redeemed in July, 2019 or as otherwise communicated by KBL and shall not be redeemable thereafter. Failure of the respective winner to be present for travel for the trip to Cairo with two friends in July 2019 shall be deemed as forfeiture of the prize.
- Where cash prizes are transmitted via mobile money transfer services, in the event that the owner of the phone number and the user of the phone number are distinct and subject to the provision of sufficient proof, the applicable prize will only be awarded to the owner of the phone number and not the user of the phone number. The award of prizes shall be subject to the authentication of the ownership of the winner’s phone number through the presentation of such documentation as shall be considered suitable for verification by KBL and BCLB including but not limited to any of the following forms of identification: original National Identification Card/original Passport/original Birth Certificate together with the starter park or physical SIM card within three (3) months from the close of the applicable draw. KBL and the BCLB will not entertain claims made after the expiry of said three (3) months and any decision made on the same by the BCLB and KBL shall be final and binding.
- KBL in consultation with BCLB shall re-draw for another winner to replace any selected winner whose age cannot be verified, who are unreachable, unavailable, disqualified or unable to travel to redeem the weekly and grand draw prizes of prize Kshs 500,000 or Kshs 1,000,000 and a trip to Cairo with two friends respectively.
- All In-Bar draw winners for Kshs 1,000 Kshs 2,000, Kshs 5,000 or Kshs 10,000 must be physically present at the bar when their name is called out and present a valid identification document for verification as per the requirements set out in clause 43. If the winner does not avail themselves and/or present the valid identification in five (5) minutes for verification, he/she will be deemed to have forfeited their prize and another winner selected.
- Winners of the Match Engagement must redeem their respective prizes within 1 hour of the end of the in-bar activation at the selected outlet.
- KBL in consultation with BCLB reserves the right to change participating outlets or winner selection during draws conducted at any point in the Promotion.
- Unless there are any technical issues beyond KBL’s control, the winners of merchandize prizes will collect their prize within 3 months of their winning.
- Winners of Kshs 1,000, Kshs 2,000, and Kshs 5,000 & Kshs 10,000 cash during each draw will have the cash transmitted within 4 working days through mobile money transfer services. Winners of Kshs 500,000 and Kshs 1,000,000 will have the cash transmitted within 10 working days via cheque as set out in paragraph 41.
- KBL will not be liable for any delays brought about by both the mobile telephone network (s) 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.
- Winners who are not registered with the designated mobile money service providers as selected by KBL for purposes of this Promotion will be required to collect their cash from the respective mobile money agents within 7 days as stipulated by the Communications Authority of Kenya regulations. Failure to do so will lead to them forfeiting their prize.
- KBL shall not accept liability where a winner for one reason or another cannot travel to collect their prize, access their prize or 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 or via a bank. KBL shall also not be liable where the winner has provided the wrong bank account details in the case of the Kshs 500,000 and Kshs 1,000,000 cash prize.
- If the winner cannot prove that they are above 18 years of age, the prize will be forfeited and another winner selected.
Use of Personal Data
- By participating in this Promotion you are deemed to have granted KBL the right to contact you for further information during the promotion period which will run from 1st April 2019 until 30th June 2019.
- By participating in this Promotion, all winners of the prizes will be deemed to have granted KBL the right to use their full names, photos, voice, 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.
- All information, content and materials displayed on or used in connection with the Promotion including all text, articles, editorials, advertising, images photographs, audio and video (collectively, the ‘Content’), is the property of KBL and its licensors. Save as permitted under the law and/or with the written consent of KBL, no one shall reproduce, publish, display, adapt, perform, cause to be seen or heard in public, broadcast and communicate to the public and/or otherwise deal in the content by any means and/or in any media.
- 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 KBL.
- 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
- 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. In case any of these circumstances arises, 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.
- On termination of this Promotion for any reason, participants will be required to redeem their prizes within three (3) months after the termination date.
- 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.
- If participation in the Promotion is terminated under any of the circumstances set out above, the participant will lose the right to redeem his/her prize and the same out the prize 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.
- This Promotion remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya), and all other applicable laws. Any disputes arising hereunder shall in the first instance be resolved in accordance with the aforementioned provisions.
- All queries should be directed to the customer care number 0721985566 from 8.00 am to 5.00 pm during official working hours.
- KBL upon notification and approval of BCLB reserves the right to amend and adjust the Promotion format and timings as it deems fit.
- KBL upon notification and approval of BCLB reserves the right to amend the merchandize & cash prizes as it deems fit at any point in the Promotion.
- KBL DOES NOT require Participants 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.
- 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 award of a prize made to a person whom the participant alleges to be the wrong person;
- e) Reliance upon any omission, inaccurate information or statement concerning any matter whatsoever relating to the participant or to KBL or any other matter whatsoever; and
- f) any acts of negligence by the employees of KBL, PwC or BCLB or any other service providers involved in this Promotion 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.
KBL will not be liable to a participant for any monetary loss or damage. Without limitation KBL is not liable to a participant for any direct or indirect loss, damage or expense regardless of whether the same arose from negligence, breach of contract or otherwise, and regardless of whether KBL has any control over circumstances giving rise to the claim or not.
- Any persons attempting to make false claims shall be prosecuted.
- 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.
- All prizes shall not be transferable to third parties and they will not be exchanged for other prizes.
- All updated Terms and Conditions will be available for inspection on the www.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.
- 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.
- 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.
- 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. 002453