The following are the terms and conditions that shall be applicable to the "AJABIKA USHINDE!” PROMOTION (hereinafter referred to as the Promotion) and by participating in the same the Participant is deemed to have read, understood and accepted the same.
The Promotion is organized by Grain Industries Limited located on Beira/Mozambique Road, Shimanzi hereof of P.O. Box 43362 - 80100 Mombasa, Kenya (hereinafter referred to as ‘the Organizer’).
The Promotion will run from 1 November 2023 until midnight 31 January 2024. Entries received outside this period will not be considered.
The Organizer in consultation with the Betting Control and Licensing Board (BCLB) reserves the right to change the Promotion duration at its own discretion.
To participate in the Promotion, each person shall be required to meet the following eligibility criteria:
be a Kenyan resident /citizen;
be eighteen (18) years of age or above; and
be registered users on Safaricom, Airtel or Telkom mobile networks.
Employees of the Promoter, its distributors, wholesalers and stockists, Interactive Media Services (IMS) Limited, Brainwave Communications and any other supplier and/or third party directly involved with the facilitation of this Promotion and their immediate family members and dependants shall not be eligible to participate in this Promotion (Restricted Person(s)).
Each Prize Winner may be required to declare or affirm that they are not a Restricted Person.
The Organizer reserves the right to seek verification of eligibility to enter and receive a Prize under these Terms & Conditions.
Participants must submit all entries to the Promotion in their personal capacity. Entries submitted via third parties are prohibited and the Organizer reserves the right to refuse the awarding of any Prize if there is reasonable suspicion that an entry was submitted by such means.
In the event a Participant or a Prize Winner is found to be ineligible pursuant to these terms and conditions, the Organizer (in consultation with the BCLB), reserves the right to disqualify such person and require them to return any Prize already awarded. Such disqualification shall be communicated to the Participant by the Organizer’s customer care.
The Promotion is applicable to the following brands only:
Ajab Fortified All Purpose Home Baking Flour 2kg only
Ajab Fortified Sifted Maize Meal 2kg only
together (the “Promotion Brands”).
To enter the Promotion, each Participant shall:
purchase a 2Kg packet of either or both of the Promotional Brands.
check inside the packet for a seven (7) character alphanumeric code printed inside the flour packet (the “Valid Code”).
send an SMS with the Valid Code to the mobile short code 21007 (the Short Code). Normal SMS rates shall apply.
each Valid Code shall count as one (1) entry into the daily draw of airtime Prizes, one (1) entry into the weekly draw and, one (1) entry into the grand prize draw.
each Valid Code shall be eligible to win one (1) Prize only.
The mobile phone number used to send the Valid Code to the Short Code shall be entitled to five (5) eligible entries daily and a maximum of thirty five (35) eligible entries weekly.
In the event that a Participant composes a blank text message, a guessed code or a mistyped seven (7) character alphanumeric code, the Participant shall receive a message stating that the alphanumeric code is invalid.
In the event a Participant sends an already used Valid Code to the short code 21007, the Participant shall receive a message stating that the Valid Code has already been used.
The Promoter does not accept responsibility for network or software failures of any kind, which may restrict or delay the sending of the Valid Code to the Short Code.
DRAWS AND PRIZES
Participants in the draw stand a chance to win the following Prizes:
Digital shopping vouchers (Naivas Supermarket)
6Kg gas cylinders with burner and grill
Ajab flour bales
Cars (Suzuki Swift)
Monthly – Grand Prize
Winners of instant airtime will instantly receive the airtime in their phone number which will be available for redemption and use within 48 hours from the time of receipt of the confirmation SMS message from the mobile network (Safaricom, Airtel or Telkom), after which the code will expire.
Draws will be conducted at such a time as may be agreed by the Organizer and the BCLB.
The winners of the weekly draw shall be announced every Thursday of the following week after the draw is conducted.
Winners of the weekly and monthly draws shall be notified by a call from a Customer Service Representative using the telephone number 0111133700 and instructed on how to collect their prize.
If a Prize is supplied by a third party, it will be governed by the terms and conditions of the third-party Prize provider. The Organizer bears no responsibility or liability for any delays or failures in Prize delivery attributable to the third party, any issues related to the Prize itself, or the third party's failure to fulfil its obligations under these Terms and Conditions or any other agreements.
The Promoter shall use its reasonable endeavours to ensure the Prizes are in good condition but accepts no responsibility or liability for the usability and/or condition or any damage of the Prizes at the time of collection of the same by the Prize Winner.
In the event of damage or unavailability of the Prize, the Promoter may, at its own discretion and subject to acceptance of such arrangement by the BCLB, offer the Prize Winner a substitute Prize of the same value.
The Prizes as depicted in the advertisements may vary from the actual Prizes in terms of colour and model.
For Prizes that require a transfer of ownership or involve a monetary transfer, the Prize Winner must furnish the requisite documentation necessary for the transfer of the Prize. The Organizer reserves the right to conduct a due diligence process on the Prize Winner to confirm their eligibility for the Prize transfer. Clause 9 shall apply. Please be aware that the transfer of such Prizes may require an extended period for completion, and the Organizer shall not be held liable for any delays in the transfer process.
The Prizes might be subject to taxes. Prize winners shall receive their Prizes after the deduction of the relevant taxes.
For the avoidance of doubt once a Prize Winner receives a prize, ownership and risk in and benefit attaching to the Prize will pass on to the Prize Winner immediately (where applicable).
Winners of the various Prizes will be informed in accordance with the guidelines submitted to BCLB; and the decisions made on the same by the Organizer and BCLB shall be final and binding. No correspondence will be entered into regarding the outcome of the Prizes awarded.
Except for the Prizes awarded in this Promotion as specified in clause 16, no Participant or Prize Winner shall have any entitlement to receive additional compensation, whether in the form of money or goods, for their participation in the Promotion or for providing and permitting the use of their data, including but not limited to any intellectual property shared with the Organization.
SELECTION OF WINNERS
Selection of winners will be at random and controls around the selection have been validated.
Draws to determine winners of daily Prizes will be conducted electronically.
Prize winners of the weekly and monthly Prizes will be selected randomly by the servers of the content service provider, Interactive Media Services (IMS) Limited (CSP) in the presence of a BCLB official(s) and an authorized member of staff from the Organizer’s wherever possible.
The Organizer and the BCLB reserve the right to reward or reject any randomly selected winner pursuant to clause 31 in the event any discrepancy is found with the servers of the CSP.
Any selection of Prize Winners made by the BCLB and the Organizer shall be final and binding.
NOTIFICATION OF WINNERS
Subject to any technical issues beyond the Organizers control, the Winners of the daily Prizes will be contacted by the Organizers through an SMS using the Short Code.
Weekly and monthly Prize Winners shall be notified by a call from a Customer Service Representative and instructed on how to collect their Prize.
A Customer Care Representative will make at least two (2) call attempts over a thirty (30) minute interval within one (1) hour to contact Prize Winners. In the event a Prize Winner does not answer any of the call attempts within this period, a Customer Care Representative will call the Prize Winner at subsequent days for a fourteen (14) day period, at least three times weekly. In the event that the Prize Winner does not answer any such calls, they will be deemed to have forfeited the Prize and the Organizers will put the Prize back into the pool for subsequent draws. For the avoidance of doubt the term ‘not answering’ for purposes of the Promotion means missed calls and calls diverted to voice mail.
The award of all Prizes will be subject to the authentication of the identity of the selected winner through the presentation of the following:
proof of the confirmation message;
Prize Winner’s National Identification Card/ Passport;
confirmation of winner details provided to Organizers; and
any other details the Organizer may require as advised by the BCLB.
The designated customer care number and the Organizer's official social media platforms will serve as the exclusive channels for direct communication with Participants and Prize Winners, unless otherwise specified by the Organizer. The Organizer shall not be liable for any damages/losses incurred by any Participant or Prize Winner as a result of any person or entity misrepresenting themselves as a representative of the Promotion or otherwise, giving false or misleading information in relation to the Promotion or operating under false pretences in relation to this Promotion.
Once successfully contacted by the Organiser’s Customer Care Representative, Prize Winners will be required to travel to a designated Grain Industries Limited Nairobi Depot (or any location as is communicated by the Organiser’s Customer Care Representative) to sign an acceptance letter for Prize redemption. All expenses relating to the travelling of the Prize Winner shall be borne by them. The Prize Winner shall not be able to redeem or receive their price if they fail to provide the documents referred to in clause 38 and any other documentation as requested by the Customer Care Representative during collection of the prize.
In the event a price is awarded posthumous, the BCLB with the assistance of the Attorney General shall determine the administrator of the deceased’s estate (as relating to the prize won) and the same shall be handed over to such chosen administrator. The Organizer will award the Grand Prize(s) to the Prize Winner following their compliance with the requirements under clauses 26 and 38.
Any Prizes claimed three (3) months after the close of the Promotion shall not be redeemable and shall be surrendered to BCLB.
In the event that the owner of the prize winning phone number and the user of the same are distinct and subject to the provision of sufficient proof, the applicable Prize shall only be awarded to the owner of the phone number and not the user of the phone number.
The Prizes in this Promotion are non-assignable, non-transferable and non-exchangeable and are redeemable only in Kenya.
Unless there are any unforeseen technical challenges beyond the Organizer's control, Prize Winners must claim their Prizes within fourteen days of being contacted by a Customer Care Representative. Failure to do so within the specified timeframe will result in the forfeiture of the prize. Forfeited Prizes will be returned to the prize pool and included in future draws.
GENERAL RULES OF THE PROMOTION
The Organizer and BCLB may nullify any Prize to any Participant in the event of fraud, dishonesty or non-eligibility under these Terms and Conditions.
The Organizers (in consultation with the BCLB) reserve the right to amend and adjust the Promotion format and timings as they deem fit and shall communicate the same, as necessary.
The Organizer has used reasonable efforts and care to ensure that all information and materials relating to the Promotion are accurate, and shall not be liable for any inaccuracy or errors in such information and/or material beyond which it could have foreseen.
The Organizer will not be liable for any delays or failures to receive any Prizes brought about by any mobile telephone network, mobile money transfer systems, failed, partial or garbled computer transmissions, any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections or availability, for the acts or omissions of any service provider, internet accessibility or availability, or for traffic congestion or unauthorized human acts.
The Organizer shall not be liable where a Prize Winner for one reason or another cannot access their Prize once it has been sent to them including but not limited to where the mobile network has suspended the Prize Winner’s account, or if the Prize Winner is not registered on any mobile money platform.
The Organizer, their 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:
matters outside the control of the Organizer, their agents and sub-contractors including but not limited to force majeure events such as acts of God, computer viruses, power outages epidemics, pandemics, fires, floods etc.; and
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 SMS messaging, any communication being lost or not properly received, registered or recorded.
The Organizer shall not be liable to a Participant for any monetary loss or damage. Without limitation, the Organizer 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 the Organizer and the BCLB has any control over circumstances giving rise to the claim or not.
The Organizer excludes all liability to a Participant for loss of profit, revenue, goodwill or business reputation or special, consequential, punitive or exemplary loss or damage arising out of or in connection with the Promotion.
All Prize Winners are obligated to behave responsibly and to comply with the Promotion’s terms and conditions. The Organizer shall not be responsible for the misuse of the Prizes. In the event the Organizer is implicated in any criminal or civil proceedings relating to the use of the Prizes, the Prize Winner(s) agree to indemnify the Organizer, its advertising agencies, advisers, nominated agents, partners, suppliers, its affiliates against any and all claims whatsoever arising out of the use of any Prize won.
In case of any queries or concerns on the Promotion, Participants should call the Organizer’s customer care number 0111133700.
The Organizer DOES NOT require Participants to send money, airtime, any funds, or any other consideration in order to participate or claim any Prize in this Promotion. The Organizer will not be liable for any losses or damages incurred by any person as a result of their participation in this Promotion.
These Terms and Conditions represent the entire agreement between the Participant and the Organizer. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
The Organizer (subject to any direction from the BCLB) reserves the right to suspend or terminate the Promotion or to amend, modify or change these Terms and Conditions at any time.
The Participant warrants and represents to the Organizer that he/she has all the necessary rights, power, and authority to agree to these Terms and perform their obligations hereunder, and nothing contained in these Terms and Conditions or in the performance of such obligations will place the Participant in breach of any other contract or obligation.
By entering the Promotion, all Participants and winners agree to be bound by these Terms and Conditions which will be subject to interpretation by the Organizer and the BCLB whose interpretation shall be final and binding.
The Promotion remains subject to the provisions of the Betting Lotteries and Gaming Act (CAP 131) Laws of Kenya.
These Terms and Conditions shall be governed and construed by the laws of Kenya.
In the event of a dispute arising from these Terms and Conditions, the Organizer and the Participants and/or Prize Winners shall resolve such dispute in an amicable manner. If after thirty (30) days such dispute has not been amicably resolved, the parties may each appoint a mediator of their choice to solve such dispute. In the event the same is not solved by the mediators within sixty (60) days, the dispute shall be resolved by a Kenyan court of competent jurisdiction.
DATA COLLECTION AND PRIVACY
The data collected from the Participants shall be handled by the data controllers (the Organizer and Interactive Media Services (IMS) Limited) with absolute care and within the confines of the law. All data collected and processed in relation to the Promotion will be done so in accordance with the Data Protection Act No. 24 of 2019 and regulations made thereunder (Data Legislation).
For purposes of these terms and conditions, the term ‘data’ means information relating to an identified or identifiable natural person. An ‘identifiable natural person’ shall mean a person who can be identified directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social or social identity of that person.
Participants’ data shall not be processed without their express consent in accordance with Data Legislation.
By entering into the Promotion, the Participant expressly consents to the Organizer retaining and processing the data provided (whether directly or indirectly obtained by the Organizer) for purposes of the Promotion and confirms that they have read these terms and conditions.
By agreeing to participate in the Promotion the Participant is giving the Organizer permission to contact you for further information.
Information on the Prize Winners (subject to obtaining their express consent) may be published on local daily newspapers, radio, television, social media and any other media platforms as the Organizers may choose from time to time in picture, video, literary or other media formats.
By agreeing to participate in the Promotion and subject to consent being obtained, the Participants and the Prize Winners may be required to participate in public relations and marketing activities of the Organizer on such terms as the Organizer may require in relation to this Promotion.
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 the Organizer for a period of two (2) years after which the data controller may at its discretion delete, erase, anonymise or pseudonymise the data collected from the Participants and Prize Winners in accordance with Kenya’s Data Legislation. Such intellectual property rights shall include but are not limited to copyright, moral rights, performance rights, image rights and publicity rights. For purposes of this clause, data controller has the same meaning given to it under the Data Protection Act No. 24 of 2019.
Any such data collected shall be processed and used for:
marketing and advertisement of the Organizer’s products involved in this Promotion;
the collection, processing, and retention of the Participants’ personal data for purposes of administering this Promotion;
marketing and research related activities;
communicate through SMS about the Organizer’s products, or upcoming marketing activities and those of the Organizer’s subsidiaries, affiliates, and/or any of their related businesses. Participants have the right to opt-out at any time from receipt of further marketing communications by writing to the Organizer or by following the opt- out guidelines on any marketing message sent to the Participant;
due diligence and fraud prevention relating to the Promotion; and
any such purposes as may be provided for in these terms and conditions herein and the law.
The Organizer has put in place the technical and operational measures to protect Participant’s information from unauthorized access, accidental loss or destruction. Any disclosure of information shall be in accordance with applicable policies, laws and regulations.
DEFINITIONS AND INTERPRETATIONS
Whenever used in these Terms and Conditions, the following words and phrases, unless the context otherwise requires, shall have the following meanings:
Customer Care Representative – a designated person or persons selected by the Organizer for purposes of communicating with the Participant in relation to the Promotion.
Participant or Participants – an individual(s) who enters and participates in the Promotion.
Prize Winner or Prize Winners – a Participant(s) who has won any prize mentioned in clause 16.
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