1. Introduction
MTN Rwandacell Plc (hereinafter referred to as “MTN” or “Organizer”), is a licensed electronic communications c0mpany, having as its principal business address, MTN Centre, Nyarutarama, Kigali, Rwanda.
MTN is launching a consumer Promotion for its youth segment named “Iremere na Yolo” (hereinafter referred to as the “Promo”) to reward MTN Yolo customers for their loyalty and usage of MTN Yolo data bundles, Ayoba, MoMoPay and Rich Media Services (RMS) specifically Star Connect for a duration set out below.
These Terms and Conditions apply to all eligible Participants of the Promo. During the period of the Promo, the Terms and Conditions shall be available to all the Participants on the MTN Website (https://www.mtn.co.rw) (“MTN Website”). If it becomes necessary to revise these Terms and Conditions during the term of the Promo, MTN shall carry out any such revisions as per Article 12 of these Terms and Conditions and must ensure that any such revisions are communicated to customers in a clear manner and through easily accessible channels of communication.
The Participants will be able to obtain additional information regarding the Promo and the Terms and Conditions by calling 100 from a mobile telephone that is subscribed to MTN’s mobile network. The calls to these lines shall be Toll free and the lines will be open 24 hours a day.
The Terms and Conditions (Hereinafter the “Terms”) contained herein shall govern all MTN Yolo subscribers participating in the Promo for the term of the Promo and by opting into the Promo, the participants accept all Terms contained herein in full.
The following terms will have the specific meanings assigned to them in these “Terms and Conditions.”
Active on the MTN Network
Means a customer that has initiated any activity using their MTN SIM
Card that generates revenues for MTN either on prepaid Internet, RMS,
and Mobile Money services, daily during the period of the Promo.
Promotion
Means the Promo named “Iremere na Yolo” organized by MTN to
reward all its MTN Yolo prepaid customers using MTN Yolo data bundles,
Ayoba, MoMoPay and RMS (Star Connect) between the periods of 04
th
October 2021 to 17th December 2021.
Week:
Means Thursday through Friday
Weekly Prize:
Means prizes to be awarded weekly to winners for a period of 11 weeks.
These will be awarded to a total of 69 Participants per week for the
duration of the Promo.
Commencement:
Means 12am on the 04th of October 2021.
Ending/Conclusion/Completion:
Means 11.59pm 17th of December 2021.
Time:
Means Rwandan local time (Central African Time), as observed in Kigali,
Rwanda. To clarify, all time references in these Terms and Conditions are
referring to GMT+2.
Terms and Conditions:
Means these Terms and Conditions, including all the annexures and
amendments thereof.
Confirmed Prize Winner:
Means a Participant who as a Winner of a Prize under these Terms and
Conditions has been confirmed by the Organizer to be entitled to receive
and has accepted to receive the corresponding Prize.
Subscriber/customer:
Means, a person in the MTN Youth Segment known as Yolo and who is
active on the MTN Network during the period of Iremere na Yolo Promo.
Channel Agent:
Means a person in MTN trade allowed to carry out data activation
activities which included educating customers on how to use data,
connect customers on their first data bundle upon their purchase of a
smartphone.
Participant:
Means a Yolo subscriber who has joined Iremere na Yolo by dialing USSD
code 1547# to Opt-in to the promo to participate in the draws for the
weekly prizes provided that they are qualified to participate as per these
Terms and Conditions.
Prizes:
Means the Weekly Prizes to be awarded to the winners under Three (4)
different categories
Winner:
Means a Winner in any of the categories of Prizes set out above.
MSISDN:
Mobile Station International Subscriber Directory Number
2. Duration of the Promo
The Promo will run for eleven (11) weeks starting from 04th October 2021 to 17th December 2021 inclusive (hereafter “Term”).
3. Territory
The Promo will be conducted only within the territory known and recognised as The Republic of Rwanda
(hereafter called “Rwanda”).
4. Participants
4.1 The Participants into the Promo are MTN Yolo Prepaid customers who use MTN Yolo data bundles, Ayoba, MoMoPay and RMS (Star Connect).
4.2 Participation in the Promo is open to all individual customers of MTN Yolo services that are resident in Rwanda and meet the following criteria (the “Customers”):
4.2.1 The participant must be a Yolo Subscriber active on MTN network for at least 90 days, at the time of launching the Promo
4.2.2 An active customer is one that has initiated any activity that generates revenues for MTN either on prepaid Internet and Mobile Money.
4.2.3 The participant’s MSISDN has not been suspended at any time during the period of the Promo for any reason.
4.2.4 The participating MSISDN’s does not include MTN employees or employees’ spouses or MTN channel partners (such as franchisees, distributors).
4.3 The Participant hereby warrants and represents that he/she:
4.3.1 is at least 16 and not above 25 years old and eligible to participate in the Promo in the same manner as being eligible to own a SIM card under Rwandan law.
4.3.2 is joining voluntarily and freely and is aware that there is no fee/charge for joining the Promo
4.3.3 has perused and has a clear understanding of the terms and conditions of the Promo, and agrees that his/her participation in the Promo is conditional on full adherence to the terms and conditions herein,
4.3.4 in the case of a MTN Yolo prepaid customer, is fully aware that he/she can only be eligible under the Promo by using the following services: MTN Yolo data bundles, Ayoba, RMS (Star Connect) and MoMoPay transactions. Any other activity he/she carries out using his/her MTN SIM card will not generate him/her points towards this Promo.
4.3.5 agrees that where there is any dispute as to the usage value by the Participant, MTN’s detailed records of the Participant’s usage shall be accepted as an accurate record for purposes of resolving the dispute.
4.4 MTN reserves the right to verify the eligibility of Participants which will include validation of details of the Participants against the Participants’ details in MTN’s Subscriber SIM Registration database. By opting into the Promo, Participants hereby agree that their personal data provided to MTN when registering on the MTN network and/or at the point of opting into the Promo, may be used by MTN to monitor participation in the
Promo, to provide services to Participants from time to time and to evaluate service improvements. 4.5 A Participant’s entry in the Promo shall qualify as one (1) entry for the prize draws.
4.6 To be included in the prize draw as a potential winner, Participants must have carried out revenue generating activities using the MTN Yolo data bundles, Ayoba, MoMoPay and RMS (Star Connect) during the period of the Promo.
4.7 Winner Selection
4.7.1 Participants’ MSISDNs shall be included in the weekly draw for prizes based on their frequent usage of MTN Yolo data bundles, Ayoba, MoMoPay and RMS (Star Connect). The MSISDNs will be randomly selected for prize giveaway; the number of MSISDNs to be drawn will depend on the available weekly prizes per Category of prizes as detailed in Article 5.1 below.
4.7.2 Channel Agents shall be included in the weekly draw for prizes based on the volume of MTN Yolo data bundle sold in the course of the week.
4.7.3 For the avoidance of doubt, winner selection will be conducted every Thursday during the term of the Promo with regards to the participation of customers in the previous week. Prize selection will be held at MTN’s offices or any other location deemed fit by MTN taking into consideration all required COVID 19 preventative measures.
4.7.4 Upon selection, the Participant must present a valid ID and his/her active MTN line with him/her at the point of prize collection. Prize collection details shall be communicated by MTN.
5. Prizes
5.1 For the purposes of this Promo, MTN will award the following prizes weekly (hereafter “Prizes”) to the consumer categories of prizes and eligibility are shown in the table below:
| # | Prize details | # weekly winners | # weekly winners |
| 1 | Cash prize(5M) | Finale | Finale |
| 2 | Cash prize(3M) | Finale | Finale |
| 3 | Cash prize(2M) | Finale | Finale |
| 4 | Motorcycle+helmet | 1 | 1 |
| 5 | Smartphone(TECNO Phantom X) | 3 | 3 |
| 6 | Laptop | 2 | 2 |
| 7 | TV screen (“43”) | 2 | 2 |
| 8 | Smartphone (TECNO POP 5)+portable charger | 8 | 8 |
| 9 | Voucher for 250Shop | 8 | 8 |
| 10 | MoMo(5k) | 5 | 5 |
| 11 | Airtime(10k) | 10 | 10 |
| 12 | Data (1GB) | 30 | 30 |
5.2 MTN will award the Grand Prize of five (5) Million Rwanda Francs, three (3) Million Rwandan Francs and three (2) Million Rwandan Francs to three (3) MTN Yolo Customers at the end of the Promo.
5.3 The following prizes will be awarded to MTN Channel Agents’ category:
5.3.1 One (1) Flat TV Screen of 43 inches per week
5.3.2 One (2) Bicycles per week
5.3.3 Two (2) Smart Phones per week
5.4 The Participant accepts that the prizes shall be received ‘as is’ and MTN does not give any guaranty or warranty on the specifications, use, utility, or fitness for purpose, of the prizes and shall not be liable for any manufacturer’s obligations, directly or indirectly.
5.5 From the moment a prize is handed over to winner, the Winner shall be responsible for all other associated costs including transport and other costs.
5.6 Any withholding, income, or other taxes, charges or expenses associated with any Prizes and their collection shall be the Winner’s responsibility.
5.7 Each Participant (and/or MSISDN) is eligible to win only one Prize in all the three (3) defined Categories throughout the duration of the Promo in respect of the weekly prizes.
5.8 Winners of prizes in Category 1, 2 and 3 shall be contacted via voice calls from MTN’s line +250784000000, with details on how to redeem their prizes. NO WINNER in Category 1, 2 and 3 SHALL BE CONTACTED VIA TEXT MESSAGE EXCEPT FOR REMINDING THEM TO COME AND COLLECT THEIR PRIZES.
5.9 Winners of prizes in Category 4 shall be contacted via TEXT MESSAGE from MTN as the Sender with details on how to redeem their prizes.
5.10. MTN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE FROM ANY RELIANCE, COMMITMENT, EXPENSES INCURRED OR SUFFERED BY PARTICIPANTS IN FURTHERANCE OR RESPONSE TO ANY UNAUTHORISED OR FRAUDULENT TEXT MESSAGES, CALLS, WEBSITES OR DEMANDS FROM UNAUTHORISED PERSONS.
5.11. During a period of thirty (30) days following the end of each Winner Selection, at least three attempts will be made to communicate by telephone from MTN’s designated line with the selected winner using the MSISDN corresponding to the entry, in order to notify the winner of the prize awarded and how it may be claimed. Some personal data will be required of the winner, including but not limited to: name, government issued identification document and SIM card, to verify his/her identity.
5.12. In the event that it is not possible to establish a telephone communication with the Winner and when the aforementioned attempts for such purpose have been made, the Winner will be replaced with someone else. MTN is only under the obligation to make reasonable efforts to establish telephone communication with the Winner and is not in a position to guarantee successful connection. The rights of the Winner at this point automatically extinguish if MTN is unable to reach him/her after thirty (30) days, MTN shall not be held liable for the inability to reach any Winner or failure to present the prize to the Winner where such attempts at communication were not successful.
5.13. Winners are expected to present themselves physically, at their own cost, at the location communicated by MTN for proper identification and collection of Prizes. All Winners may be required to collect their prizes at a special event to be organised by MTN at MTN’s discretion, details of which shall be communicated to the Winners at the relevant time. The Winners shall be expected to adhere to all measures put in place to ensure compliance with all COVID-19 preventative measures. Any Winner whose temperature is higher than the accepted temperature level, or who refuses to adhere to any preventative measures will not be granted access to the location and an alternative method of delivering the prize to the Winner shall be determined by MTN.
5.14. At MTN’s sole discretion, Prizes, other than Cash Prize, may be dispatched to the Winners or the nearest MTN regional office location or the nearest dealer centre closest to the Winners for collection by the Winners. The Winners shall be expected to adhere to all measures put in place to ensure compliance with all COVID-19 preventative measures. Any Winner who is not wearing a mask, whose temperature is higher than the accepted temperature level, or who refuses to adhere to any other preventative measure will not be granted access to the location and an alternative method of delivering the prize to the Winner shall be determined by MTN.
5.15. Any expense not explicitly indicated as part of the prize, including but not limited to insurance, travel expenses, accommodation, license fees or taxes, are the responsibility of the Winner.
5.16. Winners of prizes shall sign a Prize Acceptance (form) prior to the collection of the Prize except for the winners of Cash prize which will be sent via MoMo. By signing the Prize Acceptance Form, Winners authorise the use of their name, image, videos, audio for such publicity purposes as MTN may deem necessary, and their appearance in any publicity initiative to be carried out by MTN. Such publicity initiatives shall take place during and after the period of the Promo. In the event that a Winner does not wish to have his/her name and personal information published in this manner, MTN will respect such wishes and oblige the request provided that a written notice to that effect is delivered at MTN’s office at the address stated above and such request is acknowledged in writing by MTN prior to the conclusion of plans for such publication.
5.17. Winners are considered to be the registered holders of the winning MSISDNs. For the purpose of claiming the Prize, Winners shall have to present themselves physically along with a valid Identification document. The valid identification document presented must be the same type of identification document that was used by
the Winner at the time of registering his/her SIM card on the MTN Network that he/she used to register his/her corresponding to the MSISDN registered by the participant in the Promo and respective identification; otherwise they will have no right to the Prize which they were considered for. In the event that the Winner is unable to satisfactorily prove the ownership of the MSISDN as required, such Winner will be disqualified from being awarded the Prize and the Prize will not be given out in that week and will form part of the available prizes for the following week. This will apply when a Winner is disqualified for any valid reason.
5.18. The names of the winners and the prizes awarded will be published on the MTN Website https://www.mtn.co.rw and other MTN Social Media Platforms.
5.19. If a Winner rejects the prize won through the random draw selection, such rejection must be done in writing and MTN would then have the right to award the prize to the following Substitute.
5.20. Prizes not redeemed within thirty (30) days shall be deemed forfeited without any liability to MTN. 6. Disqualifications
Any Participant may be disqualified at any stage of the Rewards, for any of the following reasons:
6.1 In the event that the Winner does not sign the Acceptance of the Prize form, irrespective of the reason(s) for such;
6.2 In the event that the Winner does not provide an acceptable identification document as registered on his/her SIM card as required by these Terms and Conditions;
6.3 In the event that the Winner, for whatever reason(s), does not accept in full and without reservation these Terms and Conditions and his/her obligations which arise from the acceptance of such Terms and Conditions, and in respect of the allocation of the prize;
6.4 In the event that the Winner refuses to adhere to the COVID-19 preventative measures in place and does not accept the alternative method of Prize delivery that is proposed by MTN;
6.5 In the event of incompatibility arising from the selected Winner not meeting the eligibility criteria (e.g. the fact that the selected winner is related directly or indirectly with the Organiser or is under and above the eligible age) in accordance with that set forth in the present Terms and Conditions.
6.6 The failure to comply with or observe any of these Terms and Conditions of the Promo set out herein.
6.7 In the event that the Winner is seen or found to have participated in the Promo by way of fraud, deceit or in any manner which contravenes the spirit and intent of the Promo, the terms and conditions herewith or in a manner prejudicial and/or unfair to other Participants.
6.8 Employees of the Organiser, MTN Dealers, and any company directly collaborating with the Organiser for the purposes of executing the Promo, their spouses, direct members of their families or households, relatives of direct kinship or any other person in a position to benefit illegitimately from unpublished or privileged information connected to the Promo, and all persons in a position to interfere with the operation of the Promo (legitimately or illegitimately) are disqualified from participating in this Promo.
6.9 In the event that the same MSISDN has previously won a Prize in any of the other categories. 6.10. For any other reason which MTN may, at its discretion deem fit.
7. General Conditions
7.1 The Promo and features of the Promo shall be protected by intellectual property rights belonging to the Organiser or to their licensors. No licence is granted to Participants in respect of any such rights, except to the extent required for Participants personal participation in the Promo in accordance with these terms and conditions. “MTN” and all legal variations of MTN Rwandacell Plc’s company name , any other MTN product name or Promo name are trademarks of MTN, and Participants shall not be entitled to reproduce such marks (other than to the extent required for Participants personal use of the Rewards) without MTN’s prior written consent.
7.2 Some aspects of the Promo may be supplied to the Organiser by third parties and while the Organiser shall exercise all due care to ensure that such third parties comply with all applicable rules, the Organiser makes no promises, and does not accept any liability, either express or implied as to the Promo, including but not limited to its accuracy, relevance or quality, except as stated in these Terms and Conditions.
7.3 Any participation in the Promo is entirely at the risk of the Participant and in no event shall the Organiser be liable for any direct, indirect, incidental or consequential damages including without limitation loss of income, data or other information as a result of the use of or inability to use the Promo.
7.4 Any deviation from the rules and/or attempt to manipulate the outcome of the Promo or the entitlement to a Prize will result in an automatic disqualification of that Participant. The Organiser shall be entitled to affect the disqualification without reference or recourse to the Participant(s) carrying out the said manipulation.
7.5 The Organiser reservesthe right to modify, supplement or terminate all or part of this Promo at any time without notice and without liability of any kind, except with regard to winnings that have legitimately accrued and that the Organiser have recognised before the date of such modification, supplement or termination.
7.6 The Organiser reserves the right to replace the advertised prizes with prizes of the same or greater value at their sole discretion. For the Grand Prize, Winner shall have the option to receive the cash equivalent as determined by the organiser.
7.7 Prizes are non-transferable in whole or in part and must be taken as stated.
7.8 Winners agree to the publication of their names and /or photographs in any media.
7.9 The Organiser accepts no responsibility for any incorrect or incomplete registration details that Participants may supply as part of the registration of their SIM Cards or for the Promo.
7.10. The Organiser gives no warranty or guarantee whatsoever in relation to any Prize and Participants hereby release and hold the Organiser and their agents harmless from any and all liability, injury, loss or damage of any kind, so far as it is permitted by law, arising from the participation or Participant’s acceptance of use or use of any Prize.
7.11. The Organiser reserves the right to disqualify any entry at its sole discretion.
8. Organiser Responsibilities
8.1 The Organiser’s liability only encompasses selection of Winners and giving out of the Prizes to the confirmed Winners and does not include any warranty on the condition of the prizes. The Organiser bears no liability whatsoever to any Participant or other person that attempts to takes part in the Promo in violation of any applicable laws, contractual obligations or provisions of these Terms and Conditions. The Organiser will also take all necessary steps to comply with the mandatory requirements imposed upon the Organiser of the Promo
by the applicable provisions of all applicable Rwandan laws.
8.2 Any claim of a Participant will be resolved by the Organiser, if it is well-founded, assuring the equality of chances for the Participants and repairing the prejudice, if possible.
9. Disclosure and Publicity
The Organiser shall be responsible for publicising the Promo and the publicity may be through a range of publicity formats and in all media.
10. Acceptance of the Terms and Conditions
Participation in this Promo shall mean full acceptance, on the part of the Participants, of the present Terms and Conditions.
The present Terms and Conditions shall be available free of charge at the website https://www.mtn.co.rw .
11. Protection of Personal Data
11.1. By participating in the Promo, the Participants expressly agree that personal data which they supply shall be processed by the Organiser for the purposes of executing the Promo and also for the purpose of publicising the Promo and the Organiser. It is hereby specified that the Organiser guarantees that publicity, entailing the sharing with third parties of personal data supplied as a result of participation in the Promo, (including through television, the press, leaflets and other means and formats of communication) shall be made only with respect to the winners of the Prizes and will only indicate the given names and surnames of the winners, their images and voices (contained in photographic records, audio, video and other types of records, made with the purposes of publicity connected to the Promo). The winning Participants give, through their participation in the Promo, express consent for the use of this data in formats herein defined. Following the termination of the Promo, the personal data will be destroyed where applicable.
11.2. In accordance with local laws and regulations, the Organiser respects the privacy of Participants of this Promo, by which it is committed to the use of technology in a transparent form and in strict observance of the rights, freedom and guarantees of the Participants and by the reservation of the intimacy of their private and family life. The personal data collected within the scope of this Promo will be treated as private and confidential. It shall not be disclosed to other individuals or organisations, except in the event of legislation to the contrary or where such is authorised by the Participants themselves. The data will be stored on servers with access controlled on a need-to-know basis and limited by passwords.
12. Amendments to the Terms and Conditions
12.1. The Organiser reserves the right to alter, suspend or cancel this Promo and respective Terms and Conditions, without prior notice and, where required, upon prior authorisation issued by the appropriate authorities. The new rules shall come into force upon disclosure by publication on the website https://www.mtn.co.rw. The revised Terms and Conditions will be applicable from the date of their publication, therefore any activities carried by Participants prior to the revision of the Terms and Conditions will be governed by the version of the Terms and Conditions valid at the time of such activities.
12.2. No claim in respect of any alteration of the present Terms and Conditions is enforceable against the Organiser following the moment at which this alteration becomes available for online consultation on the website https://www.mtn.co.rw.
12.3. In the event that the Promo is suspended prior to the period designated for its conclusion, namely prior to the 17th December 2021, the Organiser shall award the Prizes to the winners selected up to the date of the suspension of the Promo, in accordance with the present Terms and Conditions.
13. Final Provisions
13.1. In no event shall the Organiser be held liable for external fluctuations that might affect the economic value of the allocated prizes.
13.2. The present Terms and Conditions shall come into force on the 04th October 2021 and remain valid until to 17th December 2021 included or until amended or suspended by the Organiser. They may be consulted on the website (https://www.mtn.co.rw) during the Duration Period of the Promo. Participants may request additional information in respect of matters connected to the Promo, as well as suggestions or possible complaints, by calling 100 from a mobile telephone that is subscribed to MTN’s mobile network 24 hours a day, 7 days a week, during the Duration Period of the Promo.
13.3. Any dispute arising from or connected to this Promo shall be subject to the exclusive jurisdiction of the Rwandan competent authorities and in accordance with Rwandan law.
