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KENYA BREWERIES LIMITED

GUINNESS “BE A FRONT ROW FAN” PROMOTION Terms & Conditions

The following terms and conditions apply exclusively to the aforementioned Promotion and all participants in the Promotion are deemed to have read, understood and accepted the same: -

 

Eligibility

 

  1. This Promotion is restricted to Kenyan citizens who are eighteen (18) years of age and over. Proof of age shall be required prior to redemption of any prize.

 

  1. Employees of East African Breweries Limited Group of companies (KBL, UDV, EAML, SBL, UBL) it’s distributors and stockists, Interactive Media Services (IMS), PricewaterhouseCoopers Limited (PwC), Scangroup, Mediacom, Smart Printers Ltd, Ogilvy PR Ltd, Trueblaq Ltd, Swivel Marketing Ltd, SBO Research, Carat, Posterscope, EXP Kenya and any other supplier or third party directly involved with the facilitation of this Promotion and their immediate families are not eligible to participate in the Promotion. Each prize winner may be required to declare or affirm in the Form of Discharge that they do not belong to any of the restricted groups of persons listed above.

 

  1. Kenya Breweries Limited (KBL) in consultation with Betting Control and Licensing Board (BCLB) reserves the right to seek verification of eligibility to enter and receive a prize under these Terms & Conditions. If, in KBL’s reasonable opinion, a winner is found to be ineligible, KBL reserves the right to require the return of any prize already awarded, at its sole discretion in consultation with BCLB and as such, the winner will be disqualified.

 

Promotion Period

 

  1. The Promotion is open to all consumers who purchase a 300ml or a 500ml Guinness bottled promotional product and will run from 22nd September 2017 until midnight 15th December 2017.

 

  1. KBL in conjunction with BCLB reserves the right to change the Promotional dates as it deems fit. Decisions made by KBL in consultation with BCLB shall be final and binding.

 

Prizes

  1. A participant in the Promotion shall only be eligible to win only one prize during the Promotion period.

 

  1. By entering into the Promotion participants stand to win:

 

  1. Branded Merchandise
  2. Guinness Beer Towers
  3. Cash via Mobile phone from Kshs 100, or Kshs 250, or Kshs 500 or Kshs 1000
  4. Ksh 10,000 or Ksh 5,000 weekly for 12 weeks
  5. A 40 inch Smart TV weekly for 12 weeks in in-bar draws
  6. Ksh 100,000
  7. Ksh 1,000,000.

 

Winners of Kshs. 100,000 and Kshs. 1,000,000 will also stand a chance to meet a football legend.

 

  1. There will be daily winners of cash prizes of Kshs 100 or Kshs 250 or Kshs 500 or Kshs 1,000 each, 2 weekly winners of Kshs. 100,000 and 1 weekly winner of the grand prize of Kshs 1,000,000. There will be weekly winners of branded merchandise prizes in in-bar draws. The nature of prizes to be awarded and the number of prizes to be awarded may be varied by KBL in consultation with BCLB.

 

  1. Prizes are redeemable in Kenya only and are not transferable.

 

  1. The branded merchandize and smart TV are non-transferable and cannot be redeemed for cash and have no cash equivalent. The branded merchandize as well as the brand and make of the TV are not exchangeable. KBL gives no warranties about the merchandize and smart TV and the winners agree to accept the prizes on an “as is” basis. Subject to any applicable laws, the participants agree to indemnify KBL against any damages that anyone may suffer as a result of the prize(s) or this Promotion including economic loss, or any special, indirect, incidental, consequential or any other damage whatsoever and howsoever arising out of or in connection with this Promotion.

 

How to Participate

    Under the Crown (“UTC”) Mechanic

  1. To enter the Promotion participants will be required to purchase a 300ml or 500ml Guinness bottled Promotional product and check under the crown to find a 7 character alphanumeric code. This code on its own is neither a lucky number nor does it guarantee a participant anything in return.

 

  1. Participants will be required to compose a text message (through SMS) by keying in the 7 character alphanumeric code under the crown which is valid for one (1) entry only, and send it to a mobile short code, number 22110. Each SMS sent will be charged at a rate of Kshs 1/- only for all mobile network subscribers (Safaricom, Airtel and Orange). Participants shall be solely responsible for the content keyed into each SMS sent in connection with this Promotion and KBL shall not be liable in any manner in relation to each SMS sent in error or by mistake by the participant in connection with this Promotion.

 

  1. Each SMS entry entitles the participant to enter into a daily draw, a weekly draw or a grand prize draw.

 

  1. The UTC participants will receive one of the below responses for each valid entry, either:

 

  1. You have a ‘HOME GAME’ and will receive an instant cash prize of Kshs 100 or Kshs 250 or Kshs 500 or Kshs 1000.

 

  1. You have chosen a SEASON TICKET’ and will receive an instant cash prize of Kshs. 100 or Kshs 250 or Kshs 500 or Kshs 1,000 and one entry into the weekly draws for a chance to win Kshs 100,000 or Kshs 1,000,000.
  • Participants who do not get a chance to win will receive an ‘AWAY GAME’ message to try again.

 

  1. Participants who opt for a SEASON TICKET shall be entered into a grand draw for a chance to be a SUPERFAN and win Kshs 100,000 or a FRONT ROW FAN and win Kshs 1,000,000 and a chance to meet a football legend.

 

  1. In the event that a participant composes a blank text message, a guessed code or mistyped 7 character alphanumeric code under the crown, the participant will receive a regret message saying the 7 character alphanumeric code under the crown is invalid.

 

  1. In the event that a participant composes a text message or sends a 7 character alphanumeric code under the crown that has already been sent to the short code for the Promotion, the participant will receive a regret message saying the code on crown has already been used.

 

  1. A unique 7 character alphanumeric code can only win once throughout the Promotion period including if the winner is among the monthly grand draw winners. A unique mobile phone number shall be entitled to two eligible entries daily and a maximum of fourteen eligible entries weekly. Any additional entries beyond the maximum entries will not be eligible.

 

  1. On entry into the Under the Crown Promotion, the participant shall be required to enter their ID number onto the mobile platform for purposes of confirming that the participant is over the age of 18 years in line with legal and regulatory requirements.

 

In-bar mechanic

  1. This mechanic will only be applicable to consumers who participate in the in-bar consumer experience by purchasing 300ml or 500ml bottled Guinness promotional product during one of the in bar consumer experiences at selected retail outlets.

 

  1. Consumers spotted by authorized Guinness Brand Ambassadors drinking either the 300ml or 500ml bottled Guinness promotional product during the in bar consumer experiences stand a chance to be offered the option of ‘HOME GAME’ or ‘SEASON TICKET” for a chance to participate (Spotting/selection will be random).

 

  1. On its own, the ‘SEASON TICKET” entry is neither a lucky entry nor does it guarantee a consumer anything in return. The ‘HOME GAME’ entry however guarantees the consumer of instant branded merchandise (GUARANTEED WIN).

 

  1. Instant prizes for the HOME GAME entry are: Branded merchandise courtesy of Guinness.

 

 

  1. The HOME GAME entry does not enter into any of the in-bar draws neither does it get into the main draws for a chance to win Kshs100,000 or Kshs 1,000,000 or a chance to meet a football legend.

 

  1. Participants who pick the SEASON TICKET entry will be directed to compose a text message (through SMS) by keying in the 7 character alphanumeric code under the crown which is valid for one (1) entry only, and send it to a designated in-bar system draw engine via mobile short code, number 22110. Each SMS sent will be charged at a rate of Kshs 1/- only for all mobile network subscribers (Safaricom, Airtel and Orange).

 

  1. The participants will receive one of the below responses for each Valid entry, either:

 

  1. You have chosen a ‘HOME GAME’ and will receive instant merchandise
  2. You have chosen a ‘SEASON TICKET” and will be entered into an in-bar draw for a chance to win a Beer Tower, Kshs 5,000 or Kshs 10,000, or a 40 inch Smart TV courtesy of Guinness. You will also be entered into a grand draw for a chance to win Kshs 1,000,000.
  • Participants who do not get a chance to win will receive a message to try again.

 

  1. A draw will be conducted in the bar where 3 SEASON TICKET entries will be randomly selected from the designated in-bar system draw engine and the winners selected will receive prizes of a Beer Tower, Kshs 5,000 or Kshs 10000, or a 40 inch Smart TV courtesy of Guinness. These draws will happen at selected outlets.

 

  1. All SEASON TICKET entries will also enter into weekly draws for a chance to win Kshs 100,000, or Ksh1, 000,000 and a chance to meet the football legend. However one SEASON TICKET entry qualifies for one win only, and winning entry will not be re-entered into any other draw.

 

Radio mechanic

  1. On radio, 2 participants stand a chance to win Guinness branded merchandise by being the first to correctly answer a trivia question in participating radio stations.

 

  1. Participants on radio will not be entered into the weekly draws for Kshs 100,000 or Kshs 1,000,000 nor will they be eligible for a chance to meet a football legend.

 

  1. Participants can opt out of the Promotion by sending the SMS ‘STOP’ to 22110. You will receive a message confirming that you have been de-registered from the promotion. Upon deregistration, you will not be eligible to win prizes in the Promotion and your entry will be retained in the promotional database.

 

Draws and Selection of Winners

  1. Selection of winners will be at random and systems and controls around the selection of winners have been validated by PricewaterhouseCoopers (PwC), an independent audit firm.

 

  1. Draws shall be held at 10:00 hours (10.00 am) or at such other time as may be agreed upon by KBL and BCLB.

 

  1. Draws falling on weekends and public holidays will be conducted on the next week day or working day as the case may be.

 

  1. Winners of the UTC Promotion will be selected randomly by the servers of the CSP (IMS Ltd) in the presence of the BCLB, PwC & authorized KBL staff whenever possible.

 

  1. KBL and BCLB reserve the right to reward or reject any randomly selected winner in case of any discrepancy.

 

Notification of Prize Winners and Redemption of Prizes

 

  1. Winners of the various prizes will be informed in accordance with the guidelines submitted to BCLB; and the decisions made on the same by KBL and BCLB, in consultation with PwC, shall be final and binding. No correspondence will be entered into regarding the outcome of the prizes awarded.


 

  1. KBL will notify the selected winners of the Ksh 100,000 and Ksh 1,000,000 by a telephone call from the following number: 0701000001

 

  1. For the Under the Crown mechanic, KBL will make attempts every fifteen (15) minutes over a period of one (1) hour to contact the selected winner for the Ksh 100,000 and Ksh 1,000,000 winner. If the selected winner does not answer any of the call attempts within the prescribed period and identify himself/herself, he/she will be deemed to have forfeited their chance of winning the prize and KBL will thereafter attempt to call a reserve winner’s number as selected pursuant to paragraph 44 of these terms and conditions.

 

  1. For the avoidance of doubt, missed calls and calls diverted to voice mail will not be deemed to have been answered for the purpose of this Promotion. The award of all winning cash prizes will be subject to the authentication of the identity of the selected winner through the presentation of the following: -

 

  1. Proof of identification: original identification entry/original passport
  2. Confirmation of winner details provided to KBL against mobile money transfer payment details.

 

  1. Subject to any technical issues beyond KBL’s control the winners of Kshs 5,000, and 10,000 cash prizes will have the cash prizes transmitted to their phone through mobile money transfer services within  4 working days of receiving confirmation of their having been selected as winners. Winners of a 40 inch Smart TV shall collect their prizes from KBL offices. Winners of Kshs 100,000 shall receive 50% of their prize transmitted to them via mobile money transfer service within 10 working days of receipt of the notification. Winners of Kshs 1,000,000 shall receive their 50% prizes via cheque which will be collected from KBL offices within 10 working days of receipt of the notification. Winners of Kshs 100,000 and Kshs 1,000,000 will thereafter receive the remaining balance of 50% of their cash prize on the day of the meet with the football legend.  Winners shall ensure that they provide correct and accurate bank details.

 

  1. Winners of the 40 inch Smart TV, Kshs 100,000 or Kshs 1,000,000 and a chance to meet the football legend will be required to travel to Ogilvy PR offices (or any location as communicated by KBL) to sign an acceptance letter for prize redemption. All related expenses shall be borne by the winner.

 

  1. Where cash prizes are transmitted via mobile money transfer services, in the event that the owner of the phone number and the user of the phone number are distinct and subject to the provision of sufficient proof, the applicable prize will only be awarded to the owner of the phone number and not the user of the phone number. The award of prizes shall be subject to the authentication of the ownership of the winner’s phone number through the presentation of such documentation as shall be considered suitable for verification by KBL and BCLB including but not limited to any of the following forms of identification: original National Identification Card/original Passport/original Birth Certificate together with the starter park or physical SIM card within forty eight (48) hours from the close of the applicable draw. KBL and the BCLB will not entertain claims made after the expiry of said forty eight (48) hours and any decision made on the same by the BCLB and KBL shall be final and binding.

 

  1. KBL shall reserve three additional winners whose details will be submitted to BCLB to replace any winners whose age cannot be verified, who are unreachable, unavailable, disqualified or unable to travel to redeem the prize of a 40 inch Smart TV or Kshs 100,000 or Kshs 1,000,000 respectively.

 

  1. All In-Bar draw winners for Kshs 10,000 or Kshs 5,000 or a 40 inch Smart TV must be physically present at the bar when their name is called out. If the winner does not avail themselves in five (5) minutes for verification, he/she will be deemed to have forfeited their prize and another winner selected.

 

  1. KBL in consultation with BCLB reserves the right to change participating outlets at any point in the Promotion.

 

  1. Unless there are any technical issues beyond KBL’s control, the winners of merchandize prizes will collect their prize within 96 hours of their winning.

 

  1. Winners of cash during each draw will have the cash transmitted within 4 working days through mobile money transfer services. Winners of Kshs 100,000 will have the cash transmitted within 10 working days. Winners of Kshs 1,000,000 will have the cash transmitted within 10 working days via cheque as set out in paragraph 41.

 

  1. KBL will not be liable for any delays brought about by both the mobile telephone network (s) and mobile money transfer systems, failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections availability, for the acts or omissions of any service provider, internet accessibility or availability, or for traffic congestion or unauthorized human acts.

 

  1. Winners who are not registered with the designated mobile money service providers as selected by KBL for purposes of this Promotion will be required to collect their cash from the respective mobile money agents within 7 days as stipulated by the Communications Authority of Kenya regulations. Failure to do so will lead to them forfeiting their prize.

 

  1. KBL shall not accept liability where a winner for one reason or another cannot travel to collect their prize, access their prize or access their money once it has been sent to them e.g. where the mobile network has suspended the recipient’s mobile money account, or if they are not accessible via the mobile money service or via a bank. KBL shall also not be liable where the winner has provided the wrong bank account details in the case of the Kshs 500,000 cash prize

 

  1. If the winner cannot prove that they are above 18 years of age, the prize will be forfeited and another winner selected.

 

Use of Personal Data

  1. By participating in this Promotion you are deemed to have granted KBL the right to contact you for further information.

 

  1. By participating in this Promotion, all winners of the prizes will be deemed to have granted KBL the right to use their full names, photos, voice, video footage and other details be made public in such media that KBL may choose and that they will further agree to participate in all public relations and marketing activities of KBL on such terms, as KBL may require without any additional consideration.

 

All information, content and materials displayed on or used in connection with the Promotion including all text, articles, editorials, advertising, images photographs, audio and video (collectively, the ‘Content’), is the property of KBL and its licensors. Save as permitted under the law and/or with the written consent of KBL, no one shall reproduce, publish, display, adapt, perform, cause to be seen or heard in public, broadcast and communicate to the public and/or otherwise deal in the content by any means and/or in any media.

 

  1. All the ownership and intellectual property rights in the footage and visuals taken of any participant, his/her family and surrounding onlookers is and shall at all times remain the sole property of KBL.

 

  1. Use of the materials stated above shall be at KBL’s discretion and KBL shall be entitled to disclose any of the participant’s details for administering the Promotion, marketing and research related activities, fraud prevention and such other purposes as may be provided in terms and conditions herein and the law.

 

Disqualification and Termination

  1. The Promotion is offered at the sole discretion of KBL and KBL reserves the right, subject to any discretion from the BCLB, to amend or vary these terms and conditions or to suspend/amend/terminate Promotion at any time. In case any of these circumstances arises, notice will be given by KBL through media advertisements. The notice will be effective immediately or on such date as shall be set out in such notifications.

 

  1. On termination of this Promotion for any reason, participants will be required to redeem their prizes within three (3) months after the termination date.

 

  1. KBL reserves the right to terminate any participant’s participation in the Promotion or their registration upon: -
    1. Detection of fraud or attempted fraud relating to the participant or their registration; or
    2. Breach of any of these terms and conditions; or
    3. Such circumstance as may be determined by KBL.

 

  1. If participation in the Promotion is terminated under any of the circumstances set out above, the participant will lose the right to redeem his/her prize and the same out the prize will be deemed to have been forfeited. In addition, KBL reserves the right to take appropriate legal action, as it deems necessary, and recover damages and other expenses incurred in pursuing such action.

 

Other Terms

 

  1. This Promotion remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya), and all other applicable laws. Any disputes arising hereunder shall in the first instance be resolved in accordance with the aforementioned provisions.

 

  1. All queries should be directed to the customer care number 0701000001 from 8.00 am to 5.00 pm during official working hours.

 

  1. KBL upon notification and approval of BCLB reserves the right to amend and adjust the Promotion format and timings as it deems fit.

 

  1. KBL upon notification and approval of BCLB reserves the right to amend the merchandize & cash prizes as it deems fit at any point in the Promotion.

 

  1. KBL DOES NOT require Participants to send money, airtime or mobile money funds or any other consideration in order to participate or claim any prize in this Promotion, and KBL will not be liable for any losses or other damage incurred by any person who does not heed this caution.

 

  1. Although KBL has used reasonable efforts to ensure that all information and materials relating to the Promotion are accurate, KBL shall not be liable for any inaccuracy or errors in such information and/or material. KBL, its agents and sub-contractors will also not bear responsibility for any loss or damage to a participant, whether caused by self or any third party, arising from: -

 

  1. matters outside the control of KBL, its agents and sub-contractors including but not limited to force majeure events such as acts of God, computer viruses, power outages, etc;

 

  1. any technical failure or malfunction or any other problem with any machine, telephone network or system, service provider software or otherwise which may result in missing characters in the promotional packs, any entry being lost or not properly received, registered or recorded;

 

  1. any unforeseen defects in promotional materials supplied or manufactured by third parties including but not limited to labels and crowns;

 

  1. any award of a prize made to a person whom the participant alleges to be the wrong person;

 

  1. e) reliance upon any omission, inaccurate information or statement concerning any matter whatsoever relating to the participant or to KBL or any other matter whatsoever; and

 

  1. f) any acts of negligence by the employees of KBL, PwC or BCLB or any other service providers involved in this Promotion or their agents, associates and assigns.

 

All errors and/or omissions related to this promotion and/or promotional products should be reported in writing to KBL within 7 days of discovery of the error or omission.  KBL does not warrant that all errors and omissions can be resolved to the satisfaction of participants, or at all and therefore errors and omissions are exempted.

 

KBL will not be liable to a participant for any monetary loss or damage. Without limitation KBL is not liable to a participant for any direct or indirect loss, damage or expense regardless of whether the same arose from negligence, breach of contract or otherwise, and regardless of whether KBL has any control over circumstances giving rise to the claim or not.

 

  1. Any persons attempting to make false claims shall be prosecuted.

 

  1. All prizes shall not be transferable to third parties and they will not be exchanged for other prizes.

 

  1. All updated Terms and Conditions will be available for inspection on the www.eabl.com website. It is the responsibility of the participants to review these Terms and Conditions. The participant’s continued participation in this Promotion shall be deemed to be the participant’s acceptance of any changes to these Terms and Conditions.

 

  1. In the event of any inconsistency between these Terms and Conditions and any terms and conditions printed or displayed on any marketing materials published or broadcast in any media (such as but not limited to the internet, television, radio, newspaper, magazines etc) relating to the Promotion, the terms contained in these Terms and Conditions here shall prevail.

 

  1. If any term or provision of these Terms and Conditions is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Terms and Conditions shall not be affected.

 

  1. These terms and conditions are subject to interpretation by KBL and any questions or disputes shall be resolved by KBL and BCLB and the decisions reached thereafter shall be final.

 

 

BCLB No. 002319