ATTENTION: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THIS WEBSITE.
ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS
These Terms are issued by Mybeat Interactive (Pty) Ltd (the "Company") for the provision
of the MTN Dating services (the "Service") that belongs to the Company.
Please read this Member Terms and Conditions Agreement (the "Agreement")
carefully. The Agreement sets out the terms under which the Service is provided
to you by us and applies to the entire contents of the Website and the mobile Website
under the domain name heavenlymatch.flirtnet.co.za including the entire contents of the Service's
SMS messaging system (the "Website") and to any correspondence by SMS
or email between you and us. Please read this Agreement carefully before using this
Website. By registering with the Service, you become a Member (a "Member"),
and you agree to be bound by the terms and conditions of this Agreement (the "Terms")
for as long as you continue to be a Member. Visitors to the Website (including visitors
the mobile website and SMS system) who do not register as a member also agree to
be bound by these Terms. If you do not agree to the Terms, please do not register
for the Service or otherwise access or use this Website.
1.1 By accessing any part of the Website, you shall be deemed to have accepted the
Terms in full. If you do not accept these Terms in full, you must leave the Website
1.2 You are responsible for obtaining access to the Website, and that access may
involve third-party fees (such as Internet service provider or airtime charges).
You are responsible for those fees. In addition, you must provide and are responsible
for all equipment necessary to access the Website.
1.3 The Company makes no guarantee that the Website will be secure, continuously
accessible - without interruption or delay - and completely error free 100% of the
time. The Company accepts no liability or responsibility for any breaches of security,
interruptions or delays, or errors, which you might experience on the Website other
than as set out in these Terms.
1.4 Access to the Website may be suspended temporarily and without notice in the
case of system failure, maintenance or repair or for reasons beyond the Company's
1.5 The Company reserves the right to modify or withdraw, temporarily or permanently
the Website (or any part of it) with or without notice and shall not be liable to
you or any third party for any modification or withdrawal of the Website.
2. OUR RIGHTS
2.1 We reserve the right at any time to:
2.1.1 Change the terms and conditions of the Agreement;
2.1.2 Change the Website, including eliminating or discontinuing any content on
or feature of the Website; or
2.1.3 Change any membership fees or charges for using the Website.
2.2. Any changes we make will be effective immediately upon notice, which we may
provide by means including, without limitation, posting on the Website, sms or email.
Your use of the Website after such notice will be deemed acceptance of the changes.
Be sure to review this Agreement periodically to ensure familiarity with the most
current version. Upon our request, you agree to sign a non-electronic version of
3.1 To become a Member you must register with us. When and if you register to become
a Member, you agree to provide accurate, current and complete information about
yourself as prompted by our registration form ("Registration Data"), and
to maintain and update your information to keep it accurate, current and complete.
You agree that we may rely on your Registration Data as accurate, current and complete.
You acknowledge that if your Registration Data is untrue, inaccurate, not current
or incomplete in any respect, we reserve the right to terminate this Agreement and
your use of the Website.
3.2 When you register, we will require that you provide sufficient information to
indicate that you are at least 18 years old. By becoming a Member, you represent
and warrant that you are at least 18 years old, which is the minimum required age
to become a Member. However, we cannot guarantee that each Member is at least the
required minimum age, nor do we accept responsibility or liability for any content,
communication or other use or access of the Website by persons under the age of
18 in violation of these Terms.
3.3 Either you or the Service may terminate your Membership at any time, for any
reason, effective upon sending written notice to the other party. All Membership
fees paid are non-refundable. We reserve the right to immediately suspend or terminate
your access to the Service, without notice, upon any breach of this Agreement by
you, which is brought to our attention.
3.4 Your Membership in the Service is for your sole, personal use. You may not authorise
others to use your Membership, and you may not assign or otherwise transfer your
account to any other person or entity
4. USERNAME AND PASSWORD
4.1 As part of the registration process, you will be asked to select a username/nickname
and password. We may refuse to grant any username that impersonates someone else,
is or may be illegal, is or may be protected by trademark or other proprietary rights
law, is vulgar or otherwise offensive, or may cause confusion, as we determine in
our sole discretion. You are responsible for the confidentiality and use of your
username and password and agree not to transfer or resell your use of or access
to the Website to any third party. If you have reason to believe that your account
is no longer secure, you must promptly change your password by updating your account
information, available at the My Profile Page after logging on to the Service Website,
and immediately notify us by emailing us. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING
THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES
THAT ARE CONDUCTED THROUGH YOUR ACCOUNT and for restricting access to Your computer
to prevent unauthorised access following registration.
5.1 Our fees are as set out in our Website from time to time. Fees are due in full
in advance and are payable in accordance with one of the following structures. Your
fees are A. payable on a recurring subscription daily/weekly/monthly basis depending
on the billing frequency you opted for; or B. payable in advance if you have opted
for lifetime membership where one payment is due in advance; or C. payable on a
per message basis if you opted to pay per message; or D. payable on a recurring
subscription daily/weekly/monthly basis depending on the billing frequency you opted
for plus an additional per message cost.
5.2 As a Member accessing the Service from your mobile phone, you must obtain permission
from the bill payer before using the Service.
5.3 As a member accessing the Service from your mobile phone, you agree and understand
that all SMS messages sent and/or received in relation to the Service are charged
at premium rates. Rates are published in our adverts or in our Website and may change
from time to time. You accept that free SMS packages, bundles and free minutes from
the cellular operators / carriers do not apply. Standard cellular operators MMS
rates apply when sending in photographs and standard WAP GPRS rates apply for all
data generated when accessing and utilising the Service.
5.4 Upon registering for the Service you will be sent a confirmation message by
SMS or e-mail, which contains your confirmation. You must keep a copy of this information
as this includes detail of what is required if you want to cancel your agreement.
5.5 Once you have been a paying user of the Service you shall not be entitled to
any refund unless there is an error in the operation of our program or processes
that results in the Service being unavailable for 48 hours or more in any one consecutive
period. If you feel that the Service have been defective in any way you must contact
our Support Team on the Website, with your reasons for claiming a refund plus a
copy of your user registration details and mobile number or email address id Number
(without this we will be unable to help).
5.6 Where we agree to a refund, the refund will be made within 30 days of your application.
If a refund is granted then this will be on a pro-rated basis for how long you have
used the membership. A small administration charge will be deducted from the amount
5.7 In the event that:
5.7.1 we are unable to process your payment details within three days of the due
5.7.2 your payment is refused; or
5.7.3 your payment is not cleared the Service will terminate automatically.
6. ONLINE CONDUCT
6.1 As a Member, you agree that:
6.1.1 You are solely responsible for the content or information you publish or display
(hereinafter, "post") on the Service, or transmit to other Members.
6.1.2 You will not post on the Service, or transmit to other Members or employees,
any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented,
threatening, harassing, racially offensive, or illegal material, or any material
that infringes or violates another party's rights (including, but not limited
to, intellectual property rights, and rights of privacy and publicity). Please notify
us by writing or by sending an email to our Support Team using the Contact form
on the Website of any material contained in the Service that you believe infringes
6.1.3 You will use the Service in a manner consistent with any and all applicable
laws and regulations. You will not include in your profile any telephone numbers,
street addresses, last names, URLs, email addresses, offensive references, or offensive
language, or any confidential information of any third person, and you will not
post any photographs or other images containing personal information. The Service
reserves the right, but has no obligation, to reject any profile or photograph or
image that does not comply with the following prohibitions:
(a) You will not impersonate any person or entity;
(b) You will not "stalk" or otherwise harass any person;
(c) You will not engage in advertising to, or solicitation of, other Members to
buy or sell any products or services through the Service. You will not transmit
any chain letters, spam or junk email to other Members;
(d) You will not express or imply that any statements you make are endorsed by us,
without our specific prior written consent;
(e) You will not harvest or collect personal information about other members whether
or not for commercial purposes, without their express consent;
(f) You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data mine",
or in any way reproduce or circumvent the navigational structure or presentation
of the Website or its contents;
(g) You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights;
(h) You will not remove any copyright, trademark or other proprietary rights notices
contained in the Website;
(i) You will not interfere with or disrupt the Service or the Website or the servers
or networks connected to the Service or the Website;
(j) You will not post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
(k) You will not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted through the Service;
(l) You will not "frame" or "mirror" any part of the Website,
without our prior written authorization. You also shall not use metatags or code
or other devices containing any reference to the Service or the Website in order
to direct any person to any other Web Website for any purpose;
(m) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Website or any software used
on or for the Website or cause others to do so;
(n) You are solely responsible for your interactions with other Members. The Service
reserves the right, but has no obligation, to monitor disputes between you and other
(o) We do not exclude any liability for death or personal injury due to our negligence.
7. INDEMNITY BY MEMBER
7.1 You agree to indemnify and hold harmless the Company against all claims, expenses
and costs (including legal costs) incurred or suffered by you as a result of or
in connection with (i) your breach of this Agreement; (ii) any allegation that any
materials that you submit to us or transmit to the Website infringe or otherwise
violate the copyright, trademark, trade secret or other intellectual property or
other rights of any third party; and/or (iii) your activities in connection with
the Website unless as a result of your compliance with our requirements.
8. ONLINE CONTENT
8.1 Opinions, advice, statements, offers or other information or content made available
through the Service are those of their respective member-author and not of the Service,
and should not be relied upon. Such Members are solely responsible for such content.
The Service does not guarantee the accuracy, completeness or usefulness of any information
on the Service and neither adopts nor endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made. Under no circumstances
will the Service be responsible for any loss or damage resulting from anyone's
reliance on information or other content posted on the Service or transmitted to
8.2 The Website may contain links to other websites or resources operated by parties
other than the Company. The Company's inclusion of hyperlinks to such websites
does not imply any endorsement of the material on such websites or any association
with their operators. You acknowledge and agree that we shall not be held responsible
for the legality, accuracy or inappropriate nature of any content, advertising,
products, services or information located on or through any other websites or for
the operation or policies of any such websites, nor for any loss or damages caused
or alleged to have been caused by the use of or reliance on any such Websites or
such content or other information.
8.3 Links to third party websites on this Website are provided solely for your convenience.
If you use these links, you leave the Website. If you decide to access any of the
third party websites linked to the Website, you do so entirely at your own risk.
9. WARNING - PLEASE READ:
9.1 It is possible that other Members or users (including unauthorized users, or
"hackers") may post or transmit offensive or obscene materials on the
Service and that you may be involuntarily exposed to such offensive and obscene
materials. It is also possible for others to obtain personal information about you
due to your use of the Service, and that the recipient may use such information
to harass or injure you. The Service is not responsible for the use of any personal
information that you may disclose on the Service. Please carefully select the type
of information that you post on the Service or release to others.
9.2 The Service reserves the right, but has no obligation, to monitor the materials
posted in any area of the Service. The Service shall have the right but not the
obligation to remove any such material that violates, or is alleged to violate,
the law or this Agreement. Notwithstanding this right of the Service, you remain
solely responsible for the content of the materials you post in any area of the
Service and your private email messages. Emails sent between you and other members
that are not readily accessible to the general public will be treated as private
by the Service to the extent required by applicable law and pursuant to the commercially
reasonable efforts of the Service.
10. PROPRIETARY RIGHTS
10.1 The Website, its design, layout, look, appearance and graphics and any necessary
software used in connection with the Service and the Website is the exclusive property
of the Company.
10.2 Any content contained in sponsor advertisements or any information presented
to you through the Website is protected by copyright, trademarks, service marks,
patents or other proprietary rights.
10.3 Unless otherwise stated, the copyright and other intellectual property rights
in all material on the Website are owned by [or licensed to the Company]. In addition,
other Members may post copyrighted information, which has copyright protection whether
or not it is identified as copyrighted. Except for that information which is in
the public domain or for which you have been given permission, you will not copy,
modify, publish, transmit, distribute, perform, display or sell any such proprietary
10.4 By posting information or content to any area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to the Service
and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide
license to use, copy, perform, display and distribute such information and content
and to prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing.
10.5 MTN Dating is the trademark of the Company. All other trademarks, logos,
service marks, company or product names set forth in this Website are the property
of their respective owners.
10.6 We respect the intellectual property of others, and we ask our Members to do
the same. If you believe that a copy of your work is available on the Website without
your consent or that a copyright infringement has otherwise occurred, please supply
us with the following information:
10.6.1 A description of the copyrighted work that you claim has been infringed;
10.6.2 Details of where the infringing material is located on the Website;
10.6.3 Your address, telephone number and email address;
10.6.4 A statement by you that you believe in good faith that the use of the work
on the Website is not authorized by the copyright owner or any person entitled to
act on their behalf or by law; and
10.6.5 An affidavit executed by you that the information you provide concerning
the copyright infringed is accurate and that you are the copyright owner authorized
to act on their behalf.
11. INFORMATION SUPPLIED BY MEMBER
11.1 We will respect your personal information and undertake to comply with all
applicable data protection legislation in South Africa and other jurisdictions in
11.2 The personal information (including sensitive personal information) you provide
to us will be stored on computer. You consent to us using this information to build
up a profile of interests, preferences and browsing patterns and to allow you to
participate in the Service. All Members also agree to uphold and maintain our Privacy
Policy and to the terms and conditions thereof.
12. DISCLAIMER OF WARRANTY
12.1 By entering the Website you agree that under no circumstance will the Company
or its agents, partners, officers or employees be held liable or responsible for:
any content contained on or omitted from the Website; any person's reliance
on any such content, whether or not the content is complete, current or correct;
any viruses or defects that may be found to exist on the Website.
12.2 The Company will not be liable or responsible for any damage or loss caused
as a result of your doing, or not doing, anything as a result of reading, viewing
or listening to any material, or any part of it, on the Website.
12.3 The Company is not liable or responsible for any inaccuracies, errors (including
typographical errors) or omissions, or for the results obtained from the use of
the Website or its content. THE SERVICE AND THE SITE IS PROVIDED ON AN "AS
IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
IN ANY COMMUNICATION WITH THE SERVICE OR ITS REPRESENTATIVES, OR OTHERWISE WITH
RESPECT TO THE SERVICE OR THE SITE. THE SERVICE SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE SERVICE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE
OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR
12.4 The views expressed on the Website do not necessarily reflect the views of
the Company. All content, and any advice received via the Website, are not intended,
and should not be relied upon, for any personal, professional, legal, or religious
decisions you may wish to make. Instead you should consult an appropriate professional
in order to obtain specific advice tailored to your situation.
12.5 Material on the Website may be susceptible to data corruption, interception
and unauthorised amendment for which the Company does not accept liability or responsibility.
The Company does not accept liability or responsibility for the presence of any
computer viruses contained in any material on the Website, whether it is read, viewed,
listened to, copied, downloaded, printed or accessed in any other way. The Company
does not accept liability or responsibility for any losses caused as a result of
any computer viruses contained in any material on the Website.
12.6 Advertisements (including banner adverts, SMS and MMS adverts, email adverts
and pop-ups) featured on the Website or via email, SMS or MMS do not imply endorsement
of the services or products advertised. The Company will not be liable or responsible
for services or products advertised nor will the Company be liable or responsible
for any damage to your computer equipment, software, data or other property as the
result of your viewing, or responding to, advertisements (including banner adverts
and pop-ups) featured on the Website.
12.7 The Company does not guarantee that the Website will be compatible with all
hardware and software that may be used by you. The Company will not be held liable
or responsible for any damage to your computer or mobile phone equipment, software,
data or other property as the result of your access to, use of, or browsing of any
material on the Website.
12.8 If your use of material on the Website results in the need for servicing, repair
or correction of equipment, software or data, you shall be responsible for all costs
12.9 Nothing in these Terms shall exclude any liability of the Company, which cannot
be excluded or limited under applicable law.
12.10 Subject to Clause 11.9 you enter the Website entirely at your own risk and
if you are dissatisfied with any portion of the Website, or with any of these Terms
of use, your sole and exclusive remedy is to discontinue using the Website.
13. LIMITATION OF LIABILITY
13.1 THE SERVICE IS NOT BE LIABLE TO YOU FOR ANY indirect or consequential loss,
damage or expenses (including loss of profits, business or goodwill) INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT
OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE OR THE WEBSITE and we shall have no liability to pay any money
to you by way of compensation other than to refund you the amount paid by you for
13.2 In addition, the Service disclaims all liability, regardless of the form of
action, for the acts or omissions of other Members or users (including unauthorized
users, or "hackers") of the Service.
13.3 Certain jurisdictions limit the applicability of warranty disclaimers and limitations
of liability so the above disclaimers of warranty and limitations of liability may
not apply to you.
13.4 We shall have no liability to you for any failure to provide the Service to
you if caused by any event or circumstances beyond our reasonable control including,
without limitation, strikes, lockouts and other industrial disputes, breakdown or
systems or network access, flood, fire, explosion or accident.
13.5 Although we have limited our liability in this Clause 12 nothing in these Terms
limits our liability for death or personal injury caused by our negligence and nothing
affects your legal rights.
14.1 To resolve a complaint regarding the Service or the Website, you should contact
the Service Customer Support using the Contact for on the Website.
15.1 If any part of this Agreement is unenforceable including any provision in which
we exclude our liability to you the enforceability of any other part of these conditions
will not be affected.
Website terms and conditions.
17. GENERAL PROVISIONS
17.1 The Company may assign the Agreement or subcontract any or all of its rights
and obligations under the Agreement. You may not assign, transfer, charge or deal
in any other manner with the Agreement or any of its rights under it without the
prior written consent of the Service.
17.2 The Agreement shall terminate immediately and without notice if you breach
any of the Terms, subject to the survival of all rights and reservations of the
17.3 A person who is not a party to this agreement has no right to enforce any term
of this agreement but this does not affect any right or remedy of a third party
which exists or is available.
17.4 These terms and conditions, their validity, existence or termination, or any
other disputes arising in relation to these terms and conditions shall be governed
and/or determined in accordance with the law of the Republic of South Africa. As
a member you agree to the jurisdiction of the High Court of South Africa (South
Gauteng High Court) in respect of any disputes relating to these terms and conditions.
17.5 These Terms together with our current website prices, contact details and privacy
policy set out the whole of our agreement relating to the supply of the goods to
you by us. Nothing said by any sales person on our behalf should be understood as
a variation of these terms and conditions or as an authorised representation about
the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent
misrepresentation we shall have no liability for any such representation being untrue
17.6 Unless otherwise explicitly stated, the Terms will survive termination of your
Membership to the Service.
17.7 If any part of these terms and conditions are unenforceable including any provision
in which we exclude our liability to you the enforceability of any other part of
these conditions will not be affected.
17.8 The Member certifies that the Member has read and agrees to be bound by these
Member Terms and Conditions.
These Terms are issued by Mybeat Interactive (Pty) Ltd whose Registered Office is at 129 11th Street, Parkmore, Sandton, 2196
(Company Registration No. 2001/009/269/07).
We take your privacy seriously. We follow the procedures set out in this policy
when using your information.
By using this Website to give us your information you accept the terms of and consent
to us using your information in accordance with this policy. We will notify you
of any changes to this policy by posting them on the Website.
If you use the Service or if you contact us with an enquiry we will collect information
about you including your name, persons information (e.g. profile information, interests,
likes, etc.), photographs, contact details including your e-mail address, mobile
number, mobile phone operator and/or your credit or debit card information. We will
use this information to deal with your enquiries, supply the services to you, operate
your membership account and contact you where necessary about the Service.
Use of Information
You accept that the information collected by us may be used across our community
of dating websites and services.
The information that we collect from you may be transferred to, and stored at, a
destination outside of South Africe. It may also be processed by our staff in South
Africa, staff who outside of South Africa who work for us, or by those who provide
services to us. Such staff maybe engaged in, among other things, the processing
of your membership details and the processing of your payment details. By submitting
your personal data, you agree to this transfer, storing or processing. We will take
all steps reasonably necessary to ensure that your data is treated securely and
We may also share your information with third parties where necessary to provide
Services to you. We may pass aggregate information on the usage of our Website to
third parties but this will not include information that can be used to identify
We will not share your information with any third party for marketing purposes without
We may from time to time send you SMS messages, MMS messages, emails from third
parties of promotions that we feel will be of benefit for you to the Email or mobile
number you provided us with. You may unsubscribe to these at any time.
We will also send you e-mails and/or SMS's in relation to one or more of the
following (but not limited to such):
providing you with your user registration details;
notifying you that someone has looked at your profile;
notifying you of messages to you from other members;
notifying you of cards;
notifying you that someone has added you to their favourites;
notifying you of changes to your membership, our Member Terms and Conditions or
Your e-mail address or mobile number will not be made available to any other members
who use the Service. All communication between members is via the Website through
an internal mailbox or via SMS. You will be notified of any communications in the
internal mailbox to you via email address or by SMS when applicable.
We do our best to ensure that all information held relating to you is kept up-to-date,
accurate and complete. However we also rely on you to notify us if your information
requires updating or deleting.
You may ask us to make any necessary changes to ensure that it is accurate and kept
up to date by sending an e-mail to our Customer Support Team. We will respond to
requests from you to update or delete your information in an efficient and timely
manner. Alternatively you can update your information at any time from within your
Unless you have indicated your objection when disclosing your information to us,
our system will issue cookies to your computer or mobile phone when you log on to
the Website. Cookies are small amounts of information regarding your browsing habits,
which we store on your computer. Cookies make it easier for you to log on to and
use the Website during future visits. They also allow us to monitor Website traffic
and to personalise the content of the Website for you. You may have the ability
to accept or decline cookies. Most web browsers automatically accept cookies, but
if you prefer you may be able to modify your browser settings to decline all cookies,
or to notify you each time a cookie is tendered and permit you to accept or decline
cookies on an individual basis. If you choose to decline cookies, however, that
may hinder the performance of the web Website. For specific details about how to
configure your browser you should refer to its supplier or manufacturer.
We employ security measures to protect your information from access by unauthorised
persons and against unlawful processing, accidental loss, destruction and damage.
We will retain your information for a reasonable period or as long as the law requires.
You are entitled to receive a copy of your personal data and we are entitled to
charge you a fee of R100.00 for this.
All comments, queries and requests relating to our use of your information are welcomed
and should be addressed to:
MTN Dating R2000 Voucher (the â€œCompetitionâ€). This Competition is organized by Mobile Telephone Networks (Proprietary) Limited (â€œMTNâ€) (the â€œPromoterâ€).
2 Campaign Period:
The Competition commences on 0:01 on 01 August 2012 and will continue until 23:59 on 31 August 2012 (the â€œCompetition Period").
3 Who May Enter:
3.1 To be eligible to enter, the entrant must:
3.1.1 be a natural person;
3.1.2 be 18 (eighteen) years or older;
3.1.3 be an MTN subscriber (Pre paid, Post Paid or Hybrid); and
3.1.4 be a MTN Play subscriber.
3.2 Participation in this Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoter or marketing service providers of this Competition, (and the spouses, life partners, immediate family members or business partners of the people or entities listed above.
3.2.1 the Promoter;
3.2.2 supplier/s of goods and or services in terms of this Competition; and
3.2.3 promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Competition Period.
4 How to Enter:
4.1 During the Competition Period, the entrants that meet all of the criteria referred to in clause 3 above must do the following in order to stand a chance to win:
4.1.1 Subscribe to MTN Dating at R 2.00 (two Rand) per day, and be successfully billed for MTN Dating (the â€œSubscriptionâ€/â€Subscribeâ€/â€Subscribedâ€), for 30 (thirty) days or more during the period of 01 August 2012 until 30 September 2012;
4.1.2 Entrants must Subscribe, through their mobile device, by:
220.127.116.11 visting www.mtnplay.co.za, and following the instructions on the website; or
18.104.22.168 by dialing *123*4# .
4.1.3 PLEASE NOTE THAT NEW SUBSCRIBERS MUST SUBSCRIBE BETWEEN 27 SEPTEMBER 2013 AND 11 OCTOBER 2013 IN ORDER TO QUALIFY, SUBSCRIBERS WHO SUBSCRIBE AFTER THE 11 OCTOBER 2013
WILL NOT BE ELIGIBLE TO PARTICIPATE IN THIS COMPETITION.
4.1.4 be successfully billed for at least 14 (fourteen) days, during the Competition Period; and
4.1.5 be subscribed to the MTN Dating service at the time of the lucky draw.
4.2 Once the qualifying entrant has fulfilled the requirements of clauses 3 and 4.1 above, he or she will be automatically entered into the lucky draw.
4.3 The lucky draws shall take place on 28 October 2013. Winners will be notified telephonically by the Promoter/s and/or its authorized agents on or as soon as possible after the draw.
4.4 Entrantâ€™s acknowledge and accept that the Promoter/s shall utilize a third party (the Promotersâ€™ authorized agent/s) to contact the entrant, in the event that the entrant is a winner, and arrange delivery of the Prize. In order to effect the contacting and delivery process, the Promoters shall provide the entrantâ€™s information to such third party.
5 The Prize:
5.1 Entrants that fulfil the requirements stated in clause 3 and 4 above, stand a chance to win:
1 (one) R5000.00 (five thousand Rand) Cash Prize.
(referred to as the â€œPrizeâ€).
5.2 Prizes shall be delivered to the winner at a time and place to be agreed upon between the Promoter/s and the winner.
6.1 The Promoter/s, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors 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 an entrantâ€™s participation in the Competition or the entrantâ€™s redemption of any Prize in terms of this Competition, or from any amendments to Prize details and/or the terms and conditions of this Competition. All entrants (including the winner) hereby expressly indemnify the Promoter/s in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
6.2 In so far as it is necessary, required by law or beyond the reasonable control of the Promoter/s, the Promoter/s reserves the right to vary the nature of the Competition, the Prize, or these terms and conditions upon notice in this regard being published on www.mtn.co.za or in another appropriate medium. In the event that the Prize is limited or varied in this manner, the Promoter/s shall replace the Prize with a prize of a similar economic value.
6.3 With regard to clause 6.2 above, any amended terms and conditions published in any media, or on the MTN website www.mtn.co.za will form part of the terms and conditions of the Competition, to which terms the entrants agree to be bound.
6.4 Winners shall be contacted on the cell phone number/via the medium used to enter the Competition or in terms of any contact details supplied by the winner when entering the Competition. The Promoter/s shall attempt to contact the winner for a period of 3 (three) consecutive working days after his or her name is drawn as a winner, by calling the winner twice a day and sending the winner 1 (one) SMS a day. In the event that the winner is either uncontactable (during the time frames stipulated in this clause 6.4) or in the event that the winner rejects, or declines acceptance of the Prize, the Prize shall be subject to a new draw.
6.5 The Prize is not transferable and is not exchangeable for another prize or cash and cannot be sold.
6.6 The decision of the Promoter in respect of disputes arising out of this Competition shall be dealt with by the
Promoter in terms of these terms and conditions. The decision of the Promoter in this regard shall be final.
6.7 Winners are only entitled to win 1 (one) Prize each.
6.8 The Promoter/s reserve the right to withhold the Prize until it is entirely satisfied that the claimant of the Prize is the bona fide winner, and reserves the right to call for such proof as it may deem necessary.
6.9 The Promoter/s shall request that winners consent in writing to their name, image and likeness being used and published by the Promoter/s in connection with this Competition for a period of 12 (twelve) months after they are announced as winners. Winners may decline the use of their name, likeness and image by the Promoter/s.
6.10 By entering this Competition entrants signify their consent to be bound by the terms and conditions contained herein. If a winner is under the age of 18 years (a â€œminorâ€), the winnerâ€™s guardian or parent will be required to assist the minor with all and any necessary documents or agreements in connection with being able to take up any of the Prize/s in this Competition.
6.11 By entering the Competition all entrants give their consent to receive various marketing and promotional material from the Promoter/s. Entrants will be provided with an opportunity to â€œOpt Outâ€ of receiving such communications, which may be via the relevant medium that such marketing communication was received.
6.12 Winners agree that it is an express condition of the Competition that in order to be eligible to redeem the Prize, the winner may be required to sign the appropriate acknowledgement of receipt of the Prize, as well as an indemnity and/ or waiver of liability as reflected in these terms.
6.13 Should an entrant unsubscribe from this Competition during the Competition Period, and subsequently re-subscribe to the Competition during the Competition Period (that is, before 31 August 2012), the entrant will still be eligible to win the Competition, subject to the same rules as detailed in these Terms and Conditions.
6.14 Winners agree that it is an express condition of the Competition that in order to be eligible to redeem the Prize, the winner shall be required to sign the appropriate acknowledgement of receipt of the Prize, as well as an indemnity and/or waiver of liability as reflected in these terms.