Terms & Conditions

MTN Motorsports Predictors Promotional Competition Terms and Conditions

Version 2.1 updated 01 December 2023


A. The following Terms and Conditions contain assumptions of risk and/or liability by Customer's and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks Proprietary Limited (“MTN”) will have towards Customer's and other persons.

B. These Terms and Conditions also limit and exclude Customer's rights and remedies against MTN and place various risks, liabilities, obligations and legal responsibilities on the Customer.

C. These Terms and Conditions may result in Customer's being responsible for paying additional costs and amounts and MTN may also have claims and other rights against the Customer.

D. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

E. The Customer must read these Terms and Conditions. The use of this product/service will constitute as agreement to comply with these Terms and Conditions.

F. Please pay special attention to all the clauses. Please note that these Terms and Conditions must be read together with the standard MTN Internet product and service Terms and Conditions.

1 Introduction

1.1. The MTN Motorsports Predictors Promotional Competition (“the Competition”) is offered to you by Mobile Telephone Networks (Pty) Ltd (“MTN”) and Idea Rocket (Pty) Ltd (together “the Promotors”) because you have subscribed to the Sports Information Service (“the Service”). You are only able to enter the Competition and to win prizes if your subscription to the Service is successfully billed on the day(s) the Competition runs.

1.2. The purpose of the Competition is to promote the products and services of the Promoters including MTN’s mobile network, airtime, data and mobile money products and the Service.

2 How much does a subscription cost?

2.1 Your subscription to the Service costs R3.50 per day.

2.2 First day is free.

2.3 Should the Subscriber wish to report a billing error, they should contact the MTN call centre by dialing 135 from your mobile phone.

3 Who may enter?

3.1 You must be over 18 years old to take part in the Competition. You may not enter the Competition if you are not over 18.

3.2 You must be the person named on the account for the mobile phone service or who pays for the airtime or have permission from the person who pays for the airtime used on the phone from which you are participating in the Competition and all of the bullet points above must apply to you too (from this point on you will be referred to as “the Subscriber”).

3.3 The Subscriber may not enter the Competition if they are a director, member, partner, employee, agent or consultant to the Promoters, or anyone involved in the marketing of the Competition, or any other person who directly or indirectly influences or controls or is influenced or controlled by the Promoters – including a spouse, life partner, parent, child, brother, sister or business partner of such person.

4 How does the Competition work?

4.1 The aim of the Competition is to successfully predict the outcome of a number of motorsport race results as a group of predictions e.g. 1st place, 2nd place and 3rd place drivers in a race as one joint prediction. Subscribers will earn points for correct predictions in that group. The Subscribers who accumulate the most points in a competition will win prizes. The prize table is available on https://mtnpredictors.com/home/prizes.

4.2 The Competition will allow predictions on races about which the Service provides information and/or updates which currently include the following:

4.2.1 Formula 1; and

4.2.2 MotoGP.

4.3 The Competition includes but is not limited to the following types of predictor games [the options in each predictor game in brackets next to it]:

4.3.1 Who will win [List of all race drivers];

4.3.2 Who will finish second [List of all race drivers];

4.3.3 Who will finish third [List of all race drivers];

4.3.4 Team to score the most points [List of all teams. E.g. Ferrari];

4.3.5 Fastest lap [odd lap / even lap];

4.3.6 Fastest lap driver [List of all race drivers];

4.3.7 Who will crash out first [List of all race drivers];

4.3.8 Who will finish last [List of all race drivers];

4.3.9 Who will qualify on pole [List of all race drivers];

4.3.10 Who will qualify second [List of all race drivers];

4.3.11 Who will qualify third [List of all race drivers];

4.3.12 Pole position lap time [mm:ss:SSS];

4.3.13 Time gap between pole and second [Under 0.25s / Over 0.25s]

4.3.14 Which team will qualify tenth [List of all race drivers]; and

4.3.15 Who will qualify last [List of all race drivers];

5 When the Competition will be available, how much it costs and how often it will be held?

5.1 The Subscriber will be able to enter the Competition from 09 April 2022 and it will continue until it is ended by announcement by the Promoters (the “Competition Period”).

5.2 The Competition is only open to Subscribers to the Service and is free to enter for them. The Subscriber can subscribe for the Service at https://mtnpredictors.com or dial *123# or *120*36683*03#.

5.3 The Subscriber can unsubscribe from the Service at https://mtnpredictors.com or dial *155#. If the Subscriber unsubscribes from the Service, they will no longer be able to enter the Competition.

5.4 The Promoters will try to run the Competition every race weekend that races are scheduled in the supported professional racing leagues, but this is not guaranteed.

5.5 Different races from different professional racing leagues may be mixed up for a group prediction as part of the Competition.

5.6 The races selected for a group prediction may run on different days and over multiple days.

5.7 The Competition may alternate between predictor game types listed in 4.3 above.

5.8 Subscribers will receive one entry per Competition and one choice per prediction.

5.9 All entries must be fully completed by no later than 1 minute before the first race in the Competition.

5.10 An entry cannot be cancelled once entered.

6 Point Scoring and Prizes

6.1 Points are earned for each correct prediction as determined at the end of the race or at the end of the qualifying session. The point scoring breakdown is available for viewing at https://mtnpredictors.com/home/points.

6.2 If a race is cancelled, postponed or stopped no points will be awarded for that race. The Competition will otherwise continue as normal.

6.3 All statistics (such as race winner) are supplied by Stats Perform in accordance with its guidelines or other reputable publications (e.g. sports websites). Statistics are received in real time. Statistics provided by Stats Perform will not be changed by the Promoters in any way. However, Stats Perform may change statistics which result in changes to scoring. The scores provided by Stats Perform or any publication will be considered final and these will be used to finalise the results of the Competition.

6.4 The Promoters will do their best to announce winners within an hour after the last race in a Competition has been finalised.

6.5 Prizes will usually be paid within seven days of each round of the Competition finishing but may take longer.

6.6 The Promoter/s will attempt to pay Competition prizes as MTN MoMo. If the transfer of MTN MoMo from the Promoter/s to a winning Subscriber fails for any reason, including the Subscriber not being a registered member of MTN MoMo, the Promoter/s will pay the winning Subscriber their Competition prize as Airtime. The Promoter/s may perform additional attempts to transfer MTN MoMo prizes to a winning Subscriber if an attempt fails; before paying the prize as Airtime.

6.7 The Promoter/s may ask personal information and request documentation for the depositing of the prize. If a winner is unable to provide such information or documentation within 2 days of this information being requested or if a winner cannot be reached at all within this time period, their prize will be forfeited.

6.8 Each round of the Competition offers a total prize of R1 000 MoMo. The Subscribers with the most number of points earned in each Competition wins an equal share of the prize except where the Promoters decided to limit the number of times the prize pool is split as is mentioned on the first page of these terms and conditions.

6.9 Periodically a grand prize of R5 000 MoMo is offered to the Subscriber that earns the most number of points in the Competition during that period. In the event of ties in the number of points, the tied Subscribers win an equal share of the grand prize.

6.10 If the Subscriber becomes due for any taxes or other charges that may be levied on a prize by the government the Subscriber accepts that they will be solely responsible include any such expenses.

6.11 Entry into the Competition does not mean that the Subscriber is guaranteed to win a round of the Competition or receive a prize.

6.12 Subscribers agree that if they win a prize their name, prizes won, image and/or town/city may be advertised by the Promoters on their respective websites or on other media. The Subscriber will not be paid for such use.

7 Important additional terms

7.1 The Promoters shall be entitled to immediately end the Subscriber’s subscription to the Service and participation in the Competition and/or suspend any prize payment due to the Subscriber, if the Subscriber is involved in any unlawful and/or fraudulent activity or suspected unlawful and/or fraudulent activity. The Promoters may also report this to the police or other government authorities.

7.2 A Subscriber may not resell the Service in offering or selling another person their right to use the Service or participate in the Competition or Prize for anything of value and such activity may also result in immediate suspension and cancellation as mentioned above.

7.3 Should the Subscriber wish to make a complaint with respect to the Competition or any other matter, they should contact the MTN call centre by dialling 135.

7.4 The Promoters are members of WASPA and are bound by the WASPA Code of Conduct. Subscribers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Mobile Applications may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za

7.5 By participating in the Competition, the Subscriber agrees to receive future marketing communications from the Promoters and/or their selected partners.

7.6 If any part of these term and conditions are found to be unfair or unenforceable, such part will be treated as deleted and the remainder of the terms will continue to be in force.

7.7 If the Promoters decide not to enforce any term or condition for any reason on one or more occasions, this does not mean that the same can be expected again or prevent the Promoters from enforcing such term or condition on another occasion.

7.8 South African law applies to these terms and conditions and South African courts shall be the ones that will decide any dispute if it cannot be resolved any other way.

8 General

8.1 The Promoter/s, their owners, management, employees, consultants, suppliers, contractors, subsidiaries, and sponsors will have no legal responsibility or liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever coming about from or as a result of a person’s participation in the competition or subscribing to the service or relying on the information provided by the Promoters via the service including sports tips and/or predictions – In this regard the subscriber makes use of any such information (including for the purposes of betting with a third party) entirely at their own risk. Furthermore, the Subscriber will be solely responsible for all products and items used by them. Accordingly, the Promoters take no responsibility for any loss or damage, or loss of any airtime associated with the sim card and/or cellphone number used in the competition. In the event of theft or loss of the Subscriber’s cellphone, airtime and/or sim card, such items must be replaced at the subscriber’s own cost, and the Subscriber is obliged to report such loss or theft to the South African Police Services immediately.

8.2 The Service may not be used to:

8.2.1 intentionally engage in illegal conduct,

8.2.2 knowingly create, store or disseminate any illegal content,

8.2.3 knowingly infringe copyright,

8.2.4 knowingly infringe any intellectual property rights, or

8.2.5 send spam or promote the sending of spam.

8.3 All persons participating in the competition hereby expressly indemnify the Promoters in this regard and shall hold them harmless from all and any claims arising from or as a result of the above reasons. This means that even in a situation where the promoters are responsible for losses or damage to the Subscriber or another as a result of the Subscriber entering the competition, the Subscriber is promising to protect and/or cover and/or insure the Promoters from such loss – even to pay it themselves (as the Subscriber) if necessary.

8.4 The Promoters may end or change the Competition at any time as they wish, and these terms and conditions may be changed by the Promoters to include new terms or delete old ones. Please take note of the date and version number above of these terms and conditions and if it changes, it is the Subscriber’s responsibility to read through these terms and conditions again. The current version of these terms and conditions are the only agreement between the Promoters and the Subscriber applicable to the Competition. These terms and conditions are available for viewing at https://mtnpredictors.com/home/tcs.

8.5 In awarding prizes or deciding the outcome of a Competition the decision of the Promoters and their interpretation of the Competition rules shall be in their sole and absolute discretion, i.e. as they wish.

8.6 The Promoters may decide to limit the number of times a prize pool may be split between winners if they decide that splitting it too many times may make the split amount meaningless. What this means as an example is if there is a prize pool of R1000 and 100 winners, the Promoters may decide to pay only the first 50 winners so that the prizes are more meaningful.

8.7 When the terms and conditions mention the Competition it also means each individual competition or round of the Competition that takes place at frequent intervals, or any part of it. In other words, these terms and conditions cover all aspects of the Competition.

8.8 The Promoters are not responsible for the Competition being interrupted and/or failing for any reason or for any interruption in the network, the internet or the Subscriber’s handset compatibility. This also applies to network congestion or slow internet speed.

8.9 By entering into the Competition, you are confirming your agreement with these terms and conditions. If you do not understand or agree with any part of these, please do not enter the Competition.