The following terms and conditions shall apply in the event of Entry to the mobile based competition named ‘Guess the Score’ (the “Competition”) through the services of Dialog Axiata PLC (hereinafter referred to as “DIALOG” “us” “we” or “our”), bearing registration number PQ 38 and having its registered office at 475, Union Place, Colombo2. The entrant shall be sometimes construed as “you”, “your”,”yourself” in the terms and conditions herein stipulated.
By Entering into this Competition, the entrants warrant that they have read and understood the terms and conditions set out herein and agree to be bound by them.
Definitions
“Contract” means the terms and conditions relating to any Competition;
“Entry” means participation as a competitor in a Competition in terms of this Contract;
“Information” means all material delivered by DIALOG through the mobile handsets using SMS and/or WAP Site services;
“Network Operator” means a mobile telephony network operator;
“Service(s)” means Service made available to entrants by DIALOG, as a value added service whereas entrants can access the same via WAP and GPRS enabled handsets under the terms and Conditions of this Contract;
“WAP Site” means the WAP site accessed via a mobile hand set at URL: www.dialog.lk;
“Sponser” means any organization that shall carry out a Competition in association with DIALOG;
“Territory” means the territory of Sri Lanka;
Eligibility
Entry is open only to permanent residents of the Territory,
The employees and the immediate families of DIALOG and/or its related bodies are not eligible for Entry.
The Employees and the immediate families of all associated Sponsors and other participating companies are not eligible for Entry.
Method Of Entry
DIALOG will offer a variety of mobile-based competitions to the entrants having compatible mobile handsets. Some Competitions might require the entrant to download a mobile application. The entrant should download the same via the WAP Site. The fee of the Entry will be communicated to the entrant before commencing the Competition.
Should an entrant’s contact details change soon after the Entry, it is the entrant’s responsibility to notify DIALOG forthwith and such request to modify any information provided in an Entry from DIALOG.
All entrants acknowledge that the entries are accepted only for the period declared by DIALOG or the Sponsor.
DIALOG may, at any time, exclude your Entry if your Entry does not comply with the clauses in this document.
Judging
The panel of judges will be impartially selected by DIALOG and /or Sponsor and shall consist of the employees of DIALOG and/or employees or nominated persons of the Sponsors.
Prizes
Prize winners will be selected randomly unless specified otherwise in the Competition Notice. All the entrants will be judged by the selected panel and, if required by law, by an independent adjudicator.
Prize Conditions
All prizes are non-exchangeable and non-transferable.
If a prizewinner does not claim or collect the prize or any element thereof within the time period stipulated by DIALOG then that prize or the element thereof shall be forfeited by the winner and cash/or any other prize will not be awarded in lieu of that prize or any part of it.
Notification
All prizewinners will be informed at the time of winning via telephone and/or by post or using any other media.
Prize Collection
Prize winners will be required to collect their prize from the notified address.
DIALOG reserves the right to request winners to present proof of identity, proof of residency and/or proof of Entry validity (for example, a phone bill or National Identity Card ) in order to claim a prize. Proof of identity, residency and/or Entry validity would be considered suitable for verification solely at the discretion of DIALOG. In the event that a winner cannot provide an acceptable proof, the winner will forfeit the prize in whole and no substitute will be offered.
Prize Availability
Dialog will not be responsible or liable if a price or any element of a prize is not awarded at any circumstances beyond DIALOG’s reasonable control.
DIALOG will not be responsible for any changes with regard to time or dates or cancellations or rescheduling of events that may prevent the prizewinner from claiming the prize or a element thereof.
If the prizewinner is under the age of 18 years these terms and conditions shall be signed by the prizewinner’s parent or legal guardian before the prize is awarded and the prize may, at the absolute discretion of DIALOG, be awarded to the prize winner’s parent or legal guardian.
With regard to the prizes awarded as holiday packages, tours or trips ; if the winner is under the age of 18 years, such winner shall be under an obligation to nominate his/her parent or legal guardian as the accompanying traveler for the tour or trip. The winner and the accompanying traveler shall not engage in any kind of illegal or unsafe behaviour whilst traveling. DIALOG shall not be responsible in any event under any circumstance of the safety, suitability or reliability or such other elements of the holiday package or tour.
Prices And Taxes
The entrant agrees to accept the binding offer of the selected mobile Competition and the prices applicable at the time of entry. The prices applicable for selected mobile competition are inclusive of applicable taxes.
Any tax payable as a result of a prize being awarded and/or received will be the responsibility of the winner.
Unclaimed Prizes
Subject to clause 7 stated herein prizes unclaimed after a period of three (3) months will be forfeited.
Rights And Duties Of The Entrant
The entrant agrees enter his/her required information truthfully during the registration process.
All DIALOG mobile-based competitions are subject to the intellectual property rights which are held by the licensors of the mobile competitions from whom DIALOG has obtained all the necessary licensing rights. The entrant has the right to store the application of the Competition in his/her mobile phone, if the option for storage is provided by DIALOG. Further, he/she shall be entitled to store a back-up copy of such application in his/her personal computer.
For the avoidance of doubt, once the application is stored into a mobile phone by an entrant, such stored application cannot be transferred to another mobile phone. However, in the event of the entrant requires to store the same application to another phone under his/her mobile account , he/she shall be allowed to do so provided he/she pays the downloading fee and/ or any additional payments applicable to such Competition.
DIALOG mobile competitions are intended for personal use. Any commercial use is only permitted with DIALOG’ prior written consent.
It is a condition of Entry that DIALOG has the right to publicize the characters, names, and or likenesses of any entrants for any advertising or matter incidental to the Competition.
Entrants consent to their Entry being read out on air and/or to their telephone and other conversations with DIALOG being broadcast on air.
Entrants may be required by DIALOG to participate in photo, recording, video and/or film session(s) (the “publicity materials”) and acknowledge that DIALOG has the right to use such promotion materials in any medium and in any reasonable manner it sees fit, unless that person advises DIALOG at the time of entering the Competition that he/she wishes to retain his/her anonymity.
Entrants also acknowledge that the publicity materials may be provided to the prize provider for the purposes of promotional display.
Intellectual Property
By entering this Competition all entrants:
agree not to declare any intellectual property right in respect of their Entry and the promotional materials (anywhere and each time such rights are recognized) against DIALOG, its assigns, licensees and successors in title;
undertake that their Entry is not in breach of any third party intellectual property rights.
Termination Of Competition
DIALOG may vary the terms of or terminate this Competition at any time at its absolute discretion without liability to any contestant/entrant or other person. DIALOG will not award the prize in the event of such termination.
Limitation Of Liability
DIALOG shall not be liable for any damages including but not limited to consequential, incidental, indirect, punitive, special or other similar damages nor for any loss of profits, loss of revenues, loss of savings, loss of goodwill or reputation, loss of clientele, loss of use or loss or corruption of data, whether under tort (including negligence), contract or other theories of recovery. Even if DIALOG was or should have been aware of or was advised of the possibility of such damages no action, suit or proceeding shall be brought against DIALOG.
DIALOG shall make every effort to disseminate the requested mobile competitions as quickly as possible. DIALOG shall not be held liable for any temporary or permanent interruption of the data transmission to the entrant’s mobile phones provided the interruption is not caused by DIALOG. DIALOG can also not guarantee the constant availability of the services, such as a breakdown at the transport provider. In particular, DIALOG reserves the right to temporarily interrupt access to the products to conduct maintenance work.
Indemnity
You agree to indemnify, defend and hold harmless DIALOG and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your violation of the Terms of Agreement or your violation of any rights of another entrant. DIALOG reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your liability.
Moreover, entrants shall indemnify DIALOG against all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in the Competition including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
Tampering And Other Matters
If for any reason this Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorized interference, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of DIALOG which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition, DIALOG reserves the right (subject to State regulations) to disqualify any individual who directly or indirectly causes the same and/or to cancel, terminate, modify or suspend the Competition.
DIALOG accepts no responsibility for any late, lost or misdirected entries including but not limited to electronic messages not received by DIALOG due to technical disruptions, network congestion or any other reason.
The use of any automated Entry software or any other mechanical or electronic means that permits any person to enter the Competition repeatedly is prohibited.
Decisions Final
All decisions and actions of DIALOG relating to the conducting the Competition and/or awarding the prizes are exercised according its absolute discretion and are final. No discussions or correspondence with entrants or any other person will be entered into.
Failure To Enforce Terms And Conditions
A failure by DIALOG to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any other person or contestant.
Personal Information And Privacy
The personal information supplied by entrants when entering in to this Competition will be used by DIALOG in accordance with its Privacy Policy and in accordance with all applicable laws and regulations in Sri Lanka.
Dispute Resolution, Governing Law And Jurisdiction
Any dispute, controversy or claim arising out of or in relation to this agreement, or the breach, or invalidity thereto, shall be settled amicably through consultation and consensus between the parties. Failing amicable resolution of such dispute/s by the parties hereto, the same may be finally resolved by arbitration as per the Arbitration Act No. 11 of 1995 of Sri Lanka as amended from time to time.
This Agreement shall be governed by and construed in all respects in accordance with the laws of Sri Lanka and the parties submit to the exclusive jurisdiction of the Sri Lankan courts.
Severability
Should one or more provisions of this Agreement is or should become invalid or unenforceable, in whole or in part, the validity of the remaining provisions shall not be affected thereby. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the economic purpose intended by the parties. The same applies to any loopholes.
Notices
All notices or communications to DIALOG shall be considered as validly served if mailed in the form of pre-paid registered letter, return receipt requested, to the following address:
The Group Chief Executive Officer,
DIALOG Telekom PLC,
475 Union Place, Colombo 02
