Asphalt Nitro Promo Terms and Conditions

MTN Asphalt Cup (Summer Campaign) Promo Terms and Conditions (the “terms and conditions” or the “Official Rules”)

These Terms and Conditions have been varied or amended as of 07 November 2018.

Clauses 1, 2, 3.1.4, 3.1.4, 6.1, 6.2, 6.3, 7.2, 7.3, 8.1, 8.2, 10.1 and 10.2 have been amended.

 

1. Introduction

MTN Android customers who subscribe to the Gameloft Store on MTN Play and who download the game, Asphalt Nitro, will be able to participate in promotions and tournaments over the course of the defined period and stand the chance of winning prizes (the “Competition”).

2. Duration

The Competition begins at 00:01 GMT+2 on November 12, 2018 and ends at 23:59 GMT+2 on January 6, 2019, 2018 (the “Competition Period”).

3. Who is Eligible?

3.1.To be eligible for the Competition, the entrants must be:

3.1.1.an MTN subscriber (PayAsYouGo, TopUp or Contract);
3.1.2.a South African citizen;
3.1.3.subscribed (and billed) to MTN Gameloft Service, the subscription costs R3.00 (three rand) per day;
3.1.4.Downloaded Asphalt Nitro and played in the 3 x 2-week long Time limited Events.
3.1.5.a natural person; and
3.1.6.18 (eighteen) years or older.

 

3.2.Participation in the Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoters or marketing service providers of the Promotion and the spouses, life partners, immediate family members or business partners of the people or entities listed above.

4. How to Enter (Subscribing to the MTN Asphalt Cup Summer Campaign Service)

Users can subscribe to the service by:

4.1.Going onto www.mtnasphaltcup.mobi or http://m.gameloft.com/mtn_za/subscription_index/ and selecting “Join now” and then downloading Asphalt Nitro (android version) (the “Game”). Downloading of the Game is free and normal data charges apply.

4.2.Dialing direct USSD dial string *464*80#, *123# or *123*2# and selecting option 1 to subscribe to the Gameloft Store. An SMS will be sent to user with the link above and above instructions (as per paragraph 3.1 above) then apply.

4.3.Once the Game has been downloaded, user should tap on the “events” tab in the Game on the bottom right hand corner and then click on the “MTN Asphalt Cup” event. You will then have to select the car specified below for each Time Limited Event (“TLE”) and launch the race.

4.4.The Competition will be divided in 3 (three) digital TLEs in the Game. The Competition will take place as fully described in paragraph 6 below.

5. Unsubscribing from the MTN Asphalt Nitro Promotional Service

Users may make use of the Gameloft store site at http://m.gameloft.com/mtn_za/subscription_index/ to unsubscribe from the Competition by selecting the option from the profile section or by dialing the USSD string *464*970#.

6. Competition Dates

6.1.The Competition will be available for the Competition Period but the tournaments will take place on the following dates:

In respect of the 3 (three) Digital Tournaments, the dates are as follows:

Digital Tournament Round 1:

 

• Start Date: 12/11/2018 @ 00:01 GMT+2.
• End Date: 25/11/2018 @ 23:59 GMT+2.
• Track: The TLE will run on the Nevada Map on the game with a yellow Lamborghini Veneno.
• Format: Points Leader.

 

Digital Tournament Round 2:

 

• Start Date: 03/12/2018 @ 00:01 GMT+2.
• End Date: 16/12/2018 @ 23.59 GMT +2.
• Track: The TLE will run on the Brazil Map on the game with a yellow Lamborghini Veneno.
• Format: Points Leader.

 

Digital Tournament Round 3:

 

• Start Date: 20/08/2018 @ 00:00 GMT+2.
• End Date: 26/08/2018 @ 23.59 GMT +2.
• Track: The TLE will run on the China Map on the game with a yellow Lamborghini Veneno.
• Format: Points Leader.

 

6.2.The top 10 (ten) winners from each tournament will be awarded cash prizes as per paragraph 8.1 below.

6.3.The Lamborghini Veneno will be unlocked for all participants to the Competition for the duration of their respective TLE only.

6.4.There is no limit on how many times the entrants may race during each digital TLE so that the entrant may improve the entrants’ rankings on the leader board.

6.5.Releasees (as defined in paragraph 12 below) are not responsible for any hardware or software malfunctions, or any lost, late, stolen, intercepted, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected participations.

6.6.All determinations of eligibility shall be final and binding. For the avoidance of doubt, Gameloft may not provide entrant with confirmation of Competition entry.

7. Competition Winner Selection

7.1.The Competition winners will be determined as follows:

During each of the 3(three) TLEs of the Competition, the participants accumulate ranking points distributed as below:

 

• 1st Place: 100 (one hundred) points;
• 2nd Place: 75 (seventy-five) points;
• 3rd Place: 50 (fifty) points;
• 4th Place: 40 (forty) points;
• 5th Place: 30 (thirty) points;
• 6th Place: 20 (twenty) points;
• 7th Place: 15 (fifteen) points;
• 8th Place: 10 (ten) points;
• 9th Place: 9 (nine) points;
• 10th Place: 8 (eight) points;
• From 11th to 20th Place: 7 (seven) points; and
• rom 21st to 30th Place: 5 (five) points.

 

7.2.At the end of each TLE, 10 (Ten) winners will be determined according to their points accumulated for that TLE and will be awarded cash prizes for that tournament.

7.4.In the event that there are several players, eligible for winning with equal scores, then the winners will be selected by the Promoters at its own discretion among such players.

8. Prizes:

8.1.At the end of each of the 3 (three) TLEs, 10 (ten) winners will each be awarded with 1 (one) cash prize with values as below:

 

• Winner: Cash to the value of ZAR,6000.00 (six thousand rand);
• Second runner up: Cash to the Value of ZAR4,000.00 (four thousand rand);
• Third runner up: Cash to the Value of ZAR3,000.00 (three thousand rand); and
• Runners up four - ten: Cash to the Value of ZAR1,000.00 each (one thousand rand).

 

8.2.No transfer, or other substitution of prizes allowed except that the Promoters reserves the right, in its sole and absolute discretion, to substitute a prize or prize component of comparable or greater value. The prizes will be delivered within 8 (eight) weeks. The Promoters will not replace any lost or stolen prizes once in the winner's possession.

9. Prize Conditions:

9.1.Except where prohibited by law, a potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, ("Affidavit/Release"). Potential prize winners may also be required by provide the Promoters with their player name, Real ID, User ID, friend codes, and/or the platform they use in order to claim his/her prize. Such documents must be signed and returned by the date and/or time indicated within such documents. If the documents are not signed and returned within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with these Official Rules, each as determined by the Promoters in the Promoters’ sole discretion, then the potential winner will be disqualified, and an alternate potential winner will be selected based on the winning criteria. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. The Promoters will not be responsible for fraudulent calls or emails made to entrants not by the Promoters. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winners also are subject to verification prior to awarding of prizes.

10. Applicable rules for participation

10.1.The winners will be contacted within 4 (four) weeks after the end of the tournament and will be tried for a maximum of 2 (two) attempts over a 24 (twenty-four) hour period. The finalists will be contacted on the MSISDN on which they entered the Competition. If the potential finalists cannot be reached during the 48 (forty-eight) hour period in which he/she is contacted such potential finalists will be disqualified and an alternate finalist will be selected using the same qualifying criteria described above from among the remaining applicable eligible entries received.

10.2.The return of a potential finalist’s notification, prize information, or the prize as undeliverable or rejection of the prize by the potential finalist’s notification, prize information, or the prize as undeliverable or rejection of the prize by the potential finalist will result in disqualification of the potential finalist and an alternate potential finalist will be selected pursuant to the qualifying criteria.

10.3.The Promoters reserves the right to modify the notification procedures in connection with the selection of any alternate potential finalists/winner, if any.

10.4.In the event of a dispute about the identity of an entrant, each entry will be declared made by the authorized account holder of the MSISDN associated with the potential finalists/winner’s entry. The authorized account holder is defined as the natural person who is assigned the MSISDN by an MTN as a subscriber to the network.

10.5.With respect to each final/winning entry, the winner/finalist may be required to provide proof that the finalist/winner is the authorized account holder of the SIM card / MSISDN associated with the qualifying/winning entry and is otherwise eligible to enter the Competition.

10.6.The Promoters will keep the tournament games secret until the tournament goes live.

11. Taxes:

11.1.All federal, state, provincial, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses not identified in these rules are the sole responsibilities of the winners. Winners will be issued a Price Indemnity Form for the fair market value of the prize.

12. Release:

12.1.By participating in the Competition, entrants agree to release, indemnify, defend and hold the Promoters, and its parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Competition as well as the Automobili Lamborghini S.p.A. (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Competition or acceptance or use of a prize or parts thereof, including without limitation –

12.2.any condition caused by events beyond Releasees’ control that may cause the Competition to be disrupted or corrupted;

12.3.any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Competition; and =

12.4.any printing or typographical errors in any materials associated with the Competition.

13. Publicity Release:

13.1Except where prohibited, an entrant’s participation in the Competition constitutes consent to the perpetual, worldwide, royalty-free use of his/her name, photo, and/or likeness, biographical information, entry, and statements attributed to him/her by any Releasee for advertising and promotional purposes, including without limitation, inclusion on the Promoters’ platform, in its e-mail blasts and any other media chosen by the Promoters without compensation or additional compensation.

14. Privacy and Personal information:

14.1The Promoters may collect personal data about entrants online and use such data in accordance with the Promoters’ privacy policies at http://www.gameloft.com/privacy-notice (“Privacy Policies”) and as set forth in these Official Rules. The entrants should review these Official Rules and the Privacy Policies carefully. By participating in the Competition, entrants hereby agree to such collection and use of their personal information by the Promoters, either collectively or individually, and acknowledge that they have read and accepted these Official Rules and the Privacy Policies.

15. Force Majeure:

15.1Without limiting any other provision in these Official Rules, in the event that any of the entrant’s activities, Competition’s activities or the Releasees’ operations or activities are affected, as determined by Gameloft, in their sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Gameloft shall have the right to modify, suspend, or terminate the Competition, and no Releasees shall be responsible or liable to any entrant or prize winner or any person claiming through such entrant or prize winner for failure to supply the prize or any part thereof. Gameloft is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.

16. Miscellaneous:

16.1The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Promoters’ failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Competition-related materials and these Official Rules, these Official Rules shall prevail, govern, and control and the discrepancy will be resolved in the Promoters’ sole and absolute discretion.

17. Rica

17.1.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 MTN network.

17.2.MTN is obliged by law not to activate your SIM card on the MTN network if you have not complied with the RICA registration requirements.

17.3.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 MTN and request the SIM card to be suspended.

17.4.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 MTN, and MTN 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 MTN RICA officer to register them as a customer on the MTN network. Once they have complied with RICA, and the RICA information is received by MTN, MTN will reactivate the SIM card.

17.5.If you change ownership to a third party, the Competition is not transferable.

17.6.Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider or see www.mtn.co.za for details.

18. Modification of Terms and Conditions

18.1.MTN reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotional Offer, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.

18.2.See www.mtn.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the abovementioned website or elsewhere in any media.

18.3.MTN reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

18.4.MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.

18.5.As changes will be posted on www.mtn.co.za, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.

19. Limitation of Liability

19.1. Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 19.1.1 to 19.1.5 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):

19.1.1.if MTN does not supply or deliver any device or SIM card/s on the required date or time; or

19.1.2.if the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or

19.1.3.if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or

19.1.4.if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or

19.1.5.as a result of the use of any device supplied to you by MTN relating to this service.

19.2.This clause 19 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 MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or

20. General

20.1.MTN, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and the Promoters assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of a person receiving the prize and/or the terms and conditions of this Competition. Furthermore, you will be solely responsible for all products used by you. Accordingly, MTN, and the Promoters, take no responsibility for any loss or damage, or any MTN airtime associated with the SIM card and/or cellphone number. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons participating in the Promotion hereby expressly indemnify MTN and Promoters in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.

20.2.See www.mtn.co.za for the Competition rules and updated terms and conditions from time to time. Any changes to rules and/or terms and conditions are effective from the date that they are published on the website or elsewhere in any media.

20.3.Promoters shall be entitled to terminate the Competition if any entrant is involved in any fraudulent activity or suspected fraudulent activity.

20.4.The entrant/s that wins the prizes at the Live Challenge finals agree that he/she is not eligible to WIN another prize in any draws within a 12 (twelve) month period.

20.5.This Competition is not sponsored, endorsed, administered by, or associated with Lamborghini. By participating in the Competition, each entrant acknowledges that he/she has read these Official Rules and agrees to be bound by them and by the decisions of the Promoters, which are final and binding on all matters pertaining to the Competition.

20.6.Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. The Promoters reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Competition in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Competition is compromised.

20.7.The Promoters reserves the right to disqualify any entrant or winner, as determined by the Promoters, in its sole discretion and without liability to the entrant or winner.

20.8.The Competition is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations.

20.9.The Competition is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Competition, including the rights and obligations of the entrant and Gameloft in connection with the Competition, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the South Africa without giving effect to any choice of law or conflict of law rules (whether South Africa or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than South Africa . Any legal actions, suits or proceedings related to the Competition (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the courts located in South Africa and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Competition.

20.10.The Prizes or any part thereof shall not be transferrable.

20.11.No transport shall be provided to the participants by the Promoters to and from the venue, unless stated otherwise.

20.12.Accommodation to be provided to the participants shall not be transferrable.

20.13.Any costs or expenses which you may incur, other than in respect of those items specifically included in the Prize, shall be for your own account.

20.14.Only the eligible finalists shall be allowed into the venue where the MTN Asphalt Cup Comicon final challenge will take place.

20.15.The finalists will be restrained from posting or communicating anything on any offline media channels, online or via social media which will put MTN in a bad light. In the event that the finalists or any one of them contravene this term, MTN shall be entitle disqualify them from the final challenge and revoke the Prize.