PROMOTIONAL COMPETITION TERMS AND CONDITIONS
In order to promote Justflicks's streaming and Playeez games services, Marble Gold 322 (Pty) Ltd ("the Promoter"), is conducting this promotional competition ("the competition").
By entering the competition, you agree to be bound by these terms and conditions:
1. Who may enter
You must be at least 18 years of age or have your guardians' consent to enter the competition.
2. Who may not enter
Directors, members, partners, employees, agents, contractors and consultants of the Promoter and any other person who directly or indirectly controls or is controlled by the Promoter, as well as any person who supplies goods or services in connection with the competition, and all of the aforementioned persons' immediate families and life partners may not enter the competition and shall not be eligible to be awarded any prizes in the competition.
3. Competition period
The competition starts on 27 September and closes at midnight on 30 January 2019, however to the fullest extent permitted by the law, the duration of the competition may be extended or curtailed at the discretion of the Promoter.
4. How to enter
4.1 Visit http://playeez.co.za/ and enter the USSD number shown.
4.2 You will receive a reply confirming your entry into the competition and be given the option to enter again.
5. Charges to enter
5.1 Each entry will cost you R1.50. USSD 20c/20sec. There are no further charges for participating in the competition.
5.2 You may enter as many times per day as you want, but there will be no carryover of entries into the following day's draw.
6. Draws and Prizes
6.1 Each valid daily entry will be automatically entered into a random daily draw from which one person will be selected each day (“the daily qualifiers”).
6.2 At the end of the competition all the daily qualifiers will be entered into a further final draw (“the final draw”) from which the first person randomly drawn from the pool of daily qualifiers will be the winner of two VW Golf GTI’s or BMW 320i's (“the Prize”).
6.3 All entries will go into the same daily draw and there will be only one winner of the Prize regardless of which Times Media newspaper publication was the source of the entry and/or whether the source of the entry was from http://playeez.co.za/ or any other marketing or promotional material.
6.4 The competition and all random draws will be overseen by the Promoter’s independent auditors Kaplin and Kaplin.
7. Notification of daily qualifiers and winner
7.1 The Promoter will use its reasonable efforts to contact the daily qualifiers telephonically, by calling the number that was used to enter the competition.
7.2 If the Promoter is unable to contact a daily qualifier after reasonable efforts to do so as set out above, then that person’s right to be entered into the final draw and stand a chance of winning the Prize will be deemed to have been waived, and the Promoter may then randomly draw another daily qualifier from the pool of that days entrants.
7.3 The daily qualifiers will be notified of the date and time of the final draw.
7.4 Once the final draw has taken place the Promoter will use its reasonable efforts to contact the winner telephonically, by calling the number that was used to enter the competition.
7.5 If the Promoter is unable to contact the winner after reasonable efforts to do so as set out above, then that person's right to win the Prize will be deemed to have been waived, and the Promoter may then randomly draw another winner from the pool of remaining daily qualifiers. If the winner fails or neglects for any reason to collect the Prize on the date and/or at the place determined by the Promoter, as set out in paragraph 8.3 below, then that person's right to win the Prize will be deemed to have been waived, and the Promoter may then randomly draw another winner from the pool of remaining daily qualifiers.
7.6 At the end of each month of the competition, the names of the 30 daily qualifiers will be published on http://playeez.co.za/ as well as in the participating Times Media newspaper publications.
7.7 As soon as reasonably possible after the competition closes, the name of the winner will be published on http://playeez.co.za/ as well as in the participating Times Media newspaper publications.
7.8 With his/her permission, the image of the winner may also be published on http://playeez.co.za/ as well as in the participating Times Media newspaper publications.
8.1 The Prize will be awarded to the person that entered the competition and who is in lawful possession of the SIM card that was used to enter the competition and the winner will be required to identify him or herself by presenting such SIM card and a valid form of identification, (or by such other reasonable means as determined by the Promoter), before the Prize can be redeemed. Winners will also have to comply with any other reasonable validation procedures as may be reasonably required by the Promoter in order to claim the Prize.
8.2 If any winner is under the age of 18 years of age at the time the Prize is awarded to him/her, then the Prize will be awarded to his/her legal guardian, who will be required to retain the Prize for the benefit of the winner and will be required to complete any and all necessary documents or agreements in connection with.
8.3 The Promoter will, in its discretion, determine the date and place at which the winner must collect the Prize. The Promoter will use its reasonable endeavours to give the winner 3 days advance notice of the date when and place at which he/she must collect the Prize. The Promoter is not liable for any costs incurred by a winner in claiming, collecting, taking delivery of or utilizing the Prize.
8.4 All risk in and ownership to the Prize shall pass to the winner on delivery and/or collection thereof.
8.5 At the end of the competition all of the Promoter’s obligations in regard to the competition as well as in regard to the Prize shall terminate.
8.6 If the winner is in arrears in regard to any debt due and owing to his or her mobile telecommunication service provider, then delivery of the Prize to such winner shall be withheld until the winner has settled such arrears in full.
8.7 In the event of a dispute in regard to any aspect of the competition and/or these terms and conditions, the Promoter’s decision will be final and binding and no correspondence may be entered into.
8.8 The Promoter is entitled in its entire discretion to reject any entry or participant if it believes there has been any irregular, fraudulent or mala fide conduct by, or on behalf of, such participant, and will not be obliged to notify participants of entries that are rejected.
8.9 The Promoter may refuse to award the Prize if entry procedures or these terms and conditions have not been adhered to or if it detects any irregularities, male fide or fraudulent practices by, or on behalf of, any person claiming the Prize.
8.10 The competition is also subject to, and must be read in conjunction with, the Promoter’s existing terms and conditions applicable to the use of its products and services.
8.11 If the competition is held to be or becomes unlawful or if the Promoter is required by the Minister of Trade and Industry or the National Consumer Commission to alter any aspect of the competition, then to the full extent permitted by law the Promoter reserves the right to suspend or terminate the competition immediately and without notice, in which event all participants agree to waive any rights that they may have in terms of the competition and accept that no recourse will lie against The Promoter.
9. Non Liability
To the full extent permitted by law:
9.1 The Promoter is not liable for any technical failures affecting participation in the competition. The Promoter, its associated companies, agents, contractors and any of its personnel involved in this competition, assume no liability whatsoever for any direct or indirect loss or damage, death or injury arising from participation in the competition or from using the prize or for any loss or damage, death or injury howsoever arising.
9.2 The Promoter assumes no liability whatsoever for any entry that has been omitted from participation for any reason whatsoever.
9.3 The Promoter may in its sole discretion amend these terms and conditions at any time, without notice, and such amendment shall be deemed to have taken effect from the date of publication of the revised terms and condition on the website http://playeez.co.za/.
9.4 The Promoter reserves the right to cancel, suspend or terminate this competition, without notice at any time and no liability shall lie against the Promoter, in favour of any participant or third party arising from such cancellation, suspension or termination.
1.1. Welcome to Playeez We provide an online platform through which we offer our users access to interactive flash games (“Games”). The Games, our website, all related content and any other features, functionalities, applications, materials, or other services offered from time to time by Playeez in connection with any of the above, however accessed, are referred to collectively as the “Services” or the “Playeez Services”)
2.1. The use of the Playeez Services is available only to persons who can form legally binding contracts under applicable law in Republic of South Africa. Persons who are incompetent to contract within the meaning of the law are not eligible to use the Playeez Services. Without prejudice to the generality of the above, no person under the age of 18 may use or access the Playeez Services or the Games or attempt to enter into any transactions on our website.
4.2. By using or accessing the Playeez service, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms from Playeez; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from Playeez in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from Playeez regarding Playeez services and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications. 5. Ownership of Intellectual Property
5.1. Playeez , its affiliates and its licensors/licensees have, and shall continue to retain, all title, rights and interests in the Playeez Services and the Games, including all information, design, objects, characters, names, stories, dialogues and catch phrases, concepts, layout, text, graphics, logos, designs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, code, underlying technology, content delivery mechanisms, plug-ins and other files and software.
5.2. The Playeez Services including the website, the look and feel of the website, the presentation of the Games, user interface, game history, scores and social interaction features are the sole and exclusive property of Playeez.
5.3. “Playeez” and “CREATIVE MOBILE GROUP INC.” are registered trademarks of Creative Mobile Group Inc. The Playeez logo, Playeez.co.za, skillpodmedia.com, gazuma.com and gamezboost.com are used as trademarks or service marks of Creative Mobile Group Inc... The Playeez website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Creative Mobile Group Inc... The trademarks, service marks and trade dress of Playeez may not be used or reproduced without prior written approval from Playeez and may not be used in connection with any product or service that is not affiliated with Playeez , in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Playeez , or in any manner that disparages or discredits Playeez POD. Other trademarks that appear on the Playeez website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Playeez . Any images of persons or personalities contained on the Playeez website and user interfaces are not an indication or endorsement of Playeez or any particular product or our service unless otherwise indicated. 6. Limited License
6.2. Your limited license as provided is subject to the following conditions: (i) The Games may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, for any purpose whatsoever, without Playeez prior written permission, except as expressly permitted by the limited license; (ii) You may not may not create any derivative works from the Games or Playeez Services (including without limitation, montages, mash-ups, recreations, derivations, screen captures, wallpaper, desktop themes or any other physical or digital material) or republish the Games or Playeez Services on any internet, intranet or extranet site or incorporate the Games or any related content or data in any other database or compilation; (iii) You may not extract, collect, harvest, test or benchmark, through electronic means or otherwise, the Playeez Services or any of the Games; (iv) Except as may be expressly permitted by Playeez , you may not use cheats, automations, hacks, bots, trainers, exploits or any unauthorized third party software designed to interfere with Playeez Services while accessing any of the Playeez Services; (v) You may not solicit, communicate regarding or offer any commercial services or activity in relation to any of the Games, including trading of any virtual items or scores, services including power-levelling, gold-mining, item collection, etc. (vi) You may not create or permit the reverse engineering or emulation the Games in any manner; (vii) You may not use the Games or the Playeez Services for any purposes competitive with or derogatory to Playeez and you may not associate the Playeez Services or the Games with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is proscribed under applicable law or infringes third party rights; (viii) You shall not directly or indirectly, through any means (including through providing any tools, code, scripts or other assistance) whatsoever, permit, abet or assist any access or use of the Playeez Services or the Games in a manner not expressly provided or permitted herein; and (ix) This limited and conditional license may be revoked at any time by Playeez . 7. The Use of Playeez Services
7.1. Access to the Games is provided on an “as is” basis by Playeez . All creative content incorporated or comprising the Games and all representation of any persons, characters, communities, locations, events or objects are fictional and are not based on any historical, present or future person, character, community, location, event or object.
7.2. Due to their interactive nature, it is possible person may use or implement the game mechanics, characters, images, sounds, visualizations or other content, to create unintended images, messages or representations. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Playeez Services are those of the respective authors or producers and not of Playeez , or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Playeez , or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Playeez service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Playeez service.
7.3. We do not warrant that the Games shall function in accordance with the rules of such games or that objectives within the Games can be completed in accordance with or that characters within the Games shall perform in accordance with such rules. All images, videos and presentations used for the promotion of the Games are merely representative and we do not warrant that you will be able to experience/perform such content/actions within the Games.
7.4. The use of the Playeez Services and access to the Games are subject to you having the necessary hardware, software and network resources as listed under our [System Requirements].
7.6. CREATIVE MOBILE GROUP INC. does not make any representation that the Playeez Services are permissible or legal under the applicable law of your jurisdiction. You are to access the Playeez Services only if it is permitted under the applicable law if your jurisdiction and by using and accessing the Playeez Services you represent that you are permitted by the applicable laws of your jurisdiction to access and use the Playeez Services. .
7.7. From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice. 8. Membership and Features
8.3. Account Information and Security: When creating your account, you must provide accurate and complete information. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Playeez ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions and may be required to compensate Playeez for any losses arising out of them. You shall not use another user’s membership account without permission. You must notify us immediately of any breach of security or unauthorized use of your account and you should also report this instance to all your card issuers, as well as your local law enforcement agency. In order to provide you with ease of access to your account and to help administer the Playeez service, Playeez implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Playeez service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
8.4. Membership Cancellation: You may cancel your Playeez membership at any time. We do not provide any monetary refunds for any Playeez Credits.
8.5. Change of Features and Games: Playeez reserves the right to change, supplement, alter or remove any of its features or Games as it deems fit and a paid membership does not guarantee continued access to such features.
8.6. Advertisements: Some of the services, facilities or features of the Playeez Services are supported by advertising revenue and the Playeez Services may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the website, queries made through the Playeez Services or other information. The manner, mode and extent of advertising by Playeez through the Playeez Services are subject to change without specific notice to you. Playeez takes no responsibility for advertisements or any third party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Playeez Services are between you and the advertiser, and you agree that Playeez shall not liable for any loss or claim that you may have against an advertiser.
8.7. Promotional Offers: Playeez may from time to time, offer certain additional features or discounted access as promotional offers, free of cost or at discounted rates to its users. Such promotional offers are offered by Playeez on an “as is” basis without any warranty or obligation regarding such promotional offer, unless expressly provided otherwise. No promotional offer shall be deemed to imply any obligation on Playeez to continue to offering such or similar promotional offers. Any promotional offer made available by Playeez may not be combined with any other offers.
8.8. Interactive Areas: We permit you to post reviews of Games, compare scores, participate in multiplayer games through the Playeez service. We do not make any warranties regarding your online experience or interaction with other users during multiplayer games. We do not regularly select or review the content posted on or interactions made through the Playeez website or the Playeez services; however, we reserve the right to reject, remove or edit such content at anytime without notice. You may not transmit through the Playeez Services, any content that is unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.
8.10. Software Plug-ins: Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. Playeez retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software. 9. Billing and Payment
10.1. We are an intermediary, as defined under the Information Technology Act, 2000. As part of our obligations under the Information Technology Act, 2000, upon receiving actual knowledge that any information, data or communication link residing in or connected to a computer resource controlled by us is being used to commit an unlawful act, we are required to remove or disable access to such material.
10.2. If you believe your work has been reproduced or distributed through the Playeez Services in a way that constitutes copyright infringement or are aware of any infringing material available through the Playeez Services or if you have tangible and conclusive information that any of the material made available through Playeez is illegal, please notify us through email at: info [at] playeez [●] com.
10.3. The notification must be in writing and where the claim relates to one of copyright infringement, the notification must contain a description of the copyrighted work that is claimed to have been infringed, authorization to act on behalf of the copyright owner, details of what material is allegedly infringing, how the infringement has occurred/is occurring, the location of the same within the Playeez Services and your contact details. Where the claim relates to one of illegal content, the notification must include tangible and conclusive information that the material made available through the Playeez Services is illegal under the laws of India 11. Disclaimers of Warranties and Limitations on Liability
11.1. The Playeez Services, including our website and user interfaces, and all Games and software associated therewith, or any other features or functionalities associated with the Playeez Service, are provided “as is” and “as available” with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the Playeez Services, our website and user interfaces, and all Games and software associated therewith, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
11.2. Playeez assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the Playeez Services. Playeez does not make any warranty that the Playeez Services or the Games will meet the your requirements, or that the Playeez Services or the Games will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.
11.3. You expressly agree that use and access of the Playeez Services, including all Games, data or software distributed by, downloaded or accessed from or through the Playeez Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or access of such Games, data and/or software.
11.4. We do not make any representations with respect to the contents and composition of the Games from the Playeez service or the descriptions of any game or related content contained on our website and user interfaces. We do not endorse, condone, support or make any warranties regarding accuracy or completeness of any statements, representations, advice, views or opinions contained in any of the Games or advertisements. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Games or advertisement are solely responsible for the same.
11.6. Playeez may provide the Playeez Services, links to web sites operated by other entities. If you use these sites, you may leave this website based on your browser settings and may not be able to complete or may have to re-do certain operations through the Playeez Services. If you decide to visit any linked site, it is done so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Playeez makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. The links do not imply that Playeez , its affiliates or its licensors sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Playeez .
11.7. The disclaimers provided herein are supplementary to the [Legal Disclaimer] and neither shall substitute or limit the other.
11.8. IN NO EVENT SHALL PLAYEEZ BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE PLAYEEZ SERVICES, EVEN IF PLAYEEZ IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. 12. Indemnity
13.1. Termination: We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Playeez may also impose limits on certain features and services or restrict your access to parts or all of the Playeez Services without any notice or liability.
13.2. External Links to this website: All links to the website must be expressly approved in writing by Playeez and shall be subject to the following conditions: (i) the link is a text-only link containing only the name “[Playeez ]”and directs only to [http://www.Playeez.co.ke] and not to any other page of the website; (ii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Playeez nor be such as to damage or dilute the goodwill associated with the name and trademarks of Playeez , its affiliates or licensors; and Playeez reserves the right to revoke or alter the terms of such consent to link at any time in its sole discretion.
13.3. Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside