flaimrewards: Africa’s Social Messaging and Rewards App Terms and Conditions

1.   These are the Terms and Conditions of the 2019-2020 Flaim rewards Promotional Campaign for the Federal Republic of Nigeria, which are available to all on https://www.flaim.com/nigerian-rewards

2.   The Special terms and conditions listed below apply to the flaim rewards Promotion that will be run in Nigeria starting 1 December 2019 for a period of no longer than 12 months.

3.   The promoter is EQUIIS TECHNOLOGIES (SWITZERLAND) AG, with registered address at Technoparkstrasse 1, Zurich, 8005, Switzerland and with local representative the Nigerian company Right Instinct Limited, with registered address 1 Oba Adetona Street, Ilupeju, Lagos, Federal Republic of Nigeria.

4.   By entering this Promotion, you agree to be bound by the Special terms and conditions along with any other Specific Rules which relate to a Promotion.

5.   Specific Rules might include entry instructions and any other specific details, rules or conditions relating to a particular Promotion, and might be published on our or our promotion partners’ website, social media platforms, or may be found in any other media which features a Promotion. The Specific Rules will usually (but may not always) refer to the terms and conditions and Special Conditions, both of which will at all times during the Promotion be listed on our website

6.   In these terms and conditions, ‘we’, ‘us’, ‘our’ and ‘Promoter’ all mean EQUIIS TECHNOLOGIES (SWITZERLAND) AG, with address Technoparkstrasse 1, Zurich, 8005, Switzerland. Our ‘promotion partners’ are third parties who operate promotions with us or on our behalf.

7.   By downloading the flaim App and by engaging on the App in order to get Promotional E-Tickets and any other prizes, you are providing your agreement to all the Terms & Conditions of the “flaimrewards” Nigeria campaign listed in this document.

8.   In the event of any dispute, a reasonable interpretation or determination by the Promoter as to the application of these Terms & Conditions is final and binding.

Promotion Eligibility

1.   Only Smartphone users, with an active data connection and a duly registered and active phone number are able to enter this promotion.

2.   Only Nigerians or Nigerian residents, aged 18 and above are allowed to enter this promotion.

3.   To enter the promotion, you must download the flaim App from the Google Playstore or Apple Appstore, after which activation is required.

4.   Once the App has been successfully activated, then the phone number used for the registration and activation, will AUTOMATICALLY be entered into this Promotion.

 

Download & Registration

In order to participate and register for the “flaimrewards” Promotion, users must follow the following steps:

1.   Download the flaim App from either the Apple Store or Google Play Store.

2.   After the app has been downloaded it has to be opened on theSmartphone where it was downloaded.

3.   The App then needs to be activated and this will be done by sending the user an activation code which will be sent by SMS.

4.   The SMS can only be sent to the user if his phone has mobile coverage and his line is active, the SMS cannot be sent to inactive numbers, numbers that have been barred or banned from the network or numbers that have been de-activated or de-activated and only in process of re-activation.

5.   Once the user receives the 6-digit activation code it will have to be entered exactly in the sequence that it was sent, on the flaim App activation window, no other number will work, and repeated attempts at entering the wrong code will result in the user rendering his participation in the promotion null and void.

6.   If for any reason the user does not receive the Activation code after a period of 10 minutes after requesting it, he can press resend on theApp activation window, and the promoter will send a second Activation SMS, if that still doesn’t work then the user will get an automated phone call where the activation code will be read aloud to the user.

7.   In the unlikely event that the user receives neither of the 2 SMSs or a call from flaim, we then invite those users to contact us at support@flaim.com and provide us their name and phone number used in the promotion and a valid return email address, so that we can contact them and resolve the issue; failure to provide such information will mean that the promoter cannot contact or assist the user and support will not be able to be rendered.

8.   If and when the correct code has been entered by the user, and the Activation window is no longer visible then the App will be considered as downloaded and activated, and the user will now be eligible for 1 E-Ticket Maximum;

9.   If the user switches the SIM card during or after the activation process, this may generate errors which will result in the user receiving no reward and this may be reported by the App to the promoter, if such is the case then that user and his phone number(s) will be banned from the promotion forthwith.

 

Promotional Prizes

1.   During the 3 months term of this Promotion, the Promoter will:

        a.   Offer 30 people the chance to Win a Smartphone of the Brand Infinix and as further described in Appendix 1 (Phone Prize)

        b.   Offer 1 person the chance to win 1 new Kia Rio, with specifications further described in Appendix 2 (Car Prize) with a flaim E-Ticket.

2.   During the first month of the Promotion, the Promoter will also:

        Allocate the equivalent of N17,000,000 (Seventeen Million Naira only) in the form of mobile data Top-Up packages ranging from 20MB to 75MB and up to 250 MB per user and per mobile telephone number, to mobile users and under the following conditions:

        i.     In every week, of the first . month of the Promotion, the first 35,000 people in Nigeria who Download andActivate the App will receive a one time - 20 MB Data credit, and only one download/activation will be accepted per telephone number, multiple downloads with the same number are not allowed. The Promoter may at its own discretion, increase the number of data packages and rewards.

        ii.     In every week, of the first month of the Promotion, the first 2,500 people in Nigeria who will use the flaim App to invite 5 or more of their friends, will be rewarded with a One-TimeTop-Up of no less than 75MB of Data credit to be used on their network, and valid for 1 day; if those users invite more friends than 5, the reward will still be the same. This action can only be done once from that flaim account; The Promoter may at its own discretion, increase the number of data packages and rewards.

        iii.     In every week, of the first month of the Promotion, the first 2,500 people in Nigeria who will use the flaim App to invite 25 or more of their friends, will be rewarded with a One-TimeTop-Up of no less than 250MB of Data credit to be used on their network and valid for 5 days. If those users invite more friends than 25, the reward will still be the same. This action can only be done once from that flaim account; The Promoter may at its own discretion, increase the number of data packages and rewards.

        iv.     Some data packages may also be awarded, at random, by the Promoter to flaim users in Nigeria and may vary from20MB to 75MB or up to 250MB, and users may be rewarded more than once with a single type or combination of data packages

        v.     The validity of all data packages in this promotion are as follows

                1.   20MB free data top-up is valid for 1 Day

                2.   75MB free data top-up is valid for 1 Day

                3.   250MB free data top-up is valid for 5 Days

3.   During the term of the Promotion, the Promoter will also issue “E-Tickets”that are created by the Promoter on the App and can only be viewed on the App when a user successfully meets the Promotion requirements.

4.   The “E-Tickets” can only be viewed on the flaim App and are only valid if presented together with the SIM card and phone number used for downloading and activating the App and only if the flaim App is still installed and active on the phone and displaying “E-Tickets”; broken phones or phones with damaged screens where E-Ticket is not visible will not be accepted, the E-Ticket must be clearly visible and the App must also be functioning: presenting a phone with another SIM card is not allowed and the Promoter will verify all of this before any prize can be awarded.

5.   The Only way to win the “Car Prize” is through a flaim E-Ticket, no other entries of any other type or form will be accepted, so for example pictures or a print out of the E-Ticket will not be accepted as a valid E-Ticket.

6.   The flaim E-Ticket can be found on the Mood Page of the flaim App at the top right corner.

 

E-TICKET Eligibility

1.   To be eligible to get an E-Ticket, you must be at least 18 years old and a living resident of the Federal Republic of Nigeria and have a valid and duly registered active phone number, a smartphone and an active data connection.

2.   The following persons, and their employees and “immediate family members”, are not eligible to purchase an E-Ticket: Officers, directors, and employees of the Promoter or any companies affiliated with the promotion;“Immediate family members” includes the spouse, parents, grand parents, great-grand parents, brothers, sisters, children, grandchildren, and great-grand children of the employee and his/her spouse. This definition also includes individuals for whom an employee is the current legal guardian or individuals who are not legally related to but who reside with an employee, including "step" and adoptive relationships. The determinations by the Promoter are final and binding with respect to any matter arising out of the interpretation or application of these terms and conditions.

3.   Eligible persons may obtain Promotional “E-Tickets” ONLY through the flaim smartphone application, for which a data connection is required, no other forms of entry will be accepted.

4.   The Promotion is only valid for users with SIM cards and phone numbers issued by the following Mobile Network Operators namely

        o  MTN Nigeria

        o  Airtel Nigeria

        o  Glo Nigeria

        o  9Mobile Nigeria

5.   An E-Ticket represents the opportunity to accept stated prize(s)under these terms and conditions.

6.   All awards of E-Tickets are final, and no exchanges of E-Tickets can be made, nor will any cash alternative be offered to the winner.

7.   E-Tickets, prizes, receipts, and any winner’s rights are not transferable.

8.   A Promotional E-Ticket is obtained as follows:

        i.   When a person downloads the flaim smartphone application from either Google Playstore or Apple’s AppStore, and also successfully activates the app which includes authenticating the app through SMS/Call (reward 1 E-Ticket maximum)

        ii.   When a person who already has the App prior to the date of thePromotion and who updates it during the Promotional period (reward 1 E-Ticket maximum)

        iii.   When a person has downloaded and activated the app and invites no less than 5 friends through flaim to also download the App, and such invitation will only be considered valid if invitation to those 5 users is made from the flaim App and when all “5 invitees” have also successfully downloaded and activated the App, then that person will be rewarded with 5 E-Tickets for the Car Draw (reward 5 E-Ticket maximum)

        iv.   E-Tickets are only valid for the Car Draw and only ONE E-Ticket can win the car.

  

The Prize Draw

1. The winning E-Ticket for the prizes will be selected by a random draw. All E-Ticket shave an equal chance to win. E-Ticket owners need not be present to win but the owner of the ticket needs to be present in case they win the “phone prize” or“car prize”.

2. The draw for the Prize(s) will be organized, monitored and supervised by the Promoter’s Software and is fully random and cannot be influenced in any way.

The Prize(s)

There are three types of prizes to be won during this promotion:

1.   Data Top Up Prize/Data Prize – can be either 20MB, 75MB or250 MB and may be awarded to users having completed some of the calls to action such as downloading the app, activating the app and/or inviting friends to download the App and further rewards at random to flaim daily active users

2.   Mobile Phone Prizes – 30 phones or maybe more will be given away during the first 4 weeks of the Promotion and can only be won by a flaim user that will have been randomly selected by the flaim software; specifications of the phone can be found in Appendix A.

3.   Car Prize – a car will be given away as the grand prize by the end of the first month of the promotion or whenever the Promoter sees fit, and can only be won by the flaim user with the correct E-Ticket number and QR code that is displayed on the E-Ticket; specifications of the car can be found in Appendix B.

 

Random Data Prize

During the first month of the Promotion, the draw for the “DataPrize” will be made daily by the Promoter and the Winner will be notified in the following way:

1.   The random Draw for the “Data Prize” will be made daily by the Promoter’s Software which will choose flaim users at random and reward them with either:

        a.   20MB or 75MB of free data valid for 1 day (one day only), or

        b.   250 MB of free data valid for up to 5 days (5 days only)

2.   Only users that have opened the App during the day of the draw will be considered as eligible for the Random Data Prize by the flaim Software.

The winner will be notified in the following way:

        i.  Winner will be notified through the flaim App notification board that he was drawn as the winner of Free Data and informed of the size of his award in the message (which may be 20/75 or 250MB).

        ii.  The winner will also be notified by the carrier that he is using that their phone number has been credited with free data.

        iii.  If the user’s phone is switched off or outside a coverage area, he will only be notified when the phone is back on or within a covered area.

 

Mobile Phone Prize

During the first month of the Promotion, the draw for the “PhonePrize” will be made daily by the Promoter and the Winner will be notified in the following way:

1.   The Winning telephone number is associated with a flaim account, so the Promoter will first notify the Winner through the flaim App.

2.   The Winning telephone number is associated with a flaim account and a phone number, so the Promoter will also notify the Winner by phone.

3.   The Promoter will also publish the result of the draw on a daily basis:

        i.  On the Promoter website, namely www.flaim.com/winners

        ii.  On any of the Promoter Social Media channels and Pages which may include Facebook, Instagram, Telegram and Twitter among others.

        iii.  On the flaim Moodbar or on “TheFlaim” broadcast chat, which are both on the App; the Promoter reserves the right to publish the winner’s Profile picture and first name, under no circumstances will the Promoter share any private information such as family name or telephone number

 

Car Prize

The draw for the “Car Prize” will be made once, during the first month, by the Promoter and the Winner will be notified in the following way:

1.   The Winning E-Ticket number is associated with a flaim account, so the Promoter will first notify the Winner through the flaim App.

2.   The Winning E-Ticket number is associated with a flaim account and a phone number, so the Promoter will also notify the Winner by phone.

3.   The Promoter will also publish the result of the draw:

        i.  On the Promoter website, namely www.flaim.com/winners

        ii.  On any of the Promoter Social Media channels and pages which may include Facebook, Instagram, Telegram and Twitter among others.

        iii.  On the flaim Moodbar or on “TheFlaim” broadcast chat, which are both on the App; the Promoter reserves the right to publish the winner’s Profile picture and first name, under no circumstances will the Promoter share any private information such as family name or telephone number

The Winner Obligations 

The Winner of any of the Prizes has the following obligations once he has been notified of his win:

1.   Engage with the Promoter to identify himself and provide evidence that they are holding the Winning E-Ticket.

2.   Engage with the Promoter to agree on the place of delivery of the Prize which is limited to locations that are available to the flaim partners namely Kia Motors Nigeria which have multiple locations nation-wide.

3.   Commit to collect the Prize within maximum 7 days after the draw, but also

a.   Accept that if the winner fails to accept the prize within 14 days from the draw, that the winner is forfeiting his prize which has as a result that the prize will be re-entered for a subsequent draw.

4.   Acceptance of the price gives the Promoter unrestricted and perpetual royalty free license on using the winners name, picture, video, image or relevant quotes for the purpose of future promotions, provided the user agrees to it.

Taxes

Each winner is solely responsible for payment of all federal, state, and/or local income, sales, or use taxes due to his or her acceptance of any prize won through the promotion.

In terms of the Car Prize, the winner is responsible for payment of applicable taxes, titling, and licensing fees prior to receiving the vehicle.
 

No Warranty

Each winner accepts the prize “as is,” and without recourse to the Promoter with respect to any defect, injury, damage, or other problem that may arise or become apparent with respect to the prize.

As all prizes come inclusive of limited warranty, in case the prize does not meet the expectations of the winner then the winner should invoke their warranty claim directly with the companies that have delivered the prize.

 

Limitation of liability

Because the Promoter has no right to control, nor exercises any control, over the personnel of any seller, or manufacturer of any prize, or any part of any prize, the Promoter assumes no responsibility for any financial loss, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity that a winner may experience by reason of (1) performance or non-performance by any supplier; (2) wrongful, careless, negligent, or unauthorized acts or omissions by any supplier or its employees, or by any other party not under the control of the Promoter; (3) acts of God and acts or omissions of third parties; (4) mechanical or construction failures; or any other event or condition beyond the Promoter’s control. Each winner hereby releases and holds the Promoter harmless with respect to any claim based on any such occurrence.

The Promoter shall in no event be liable for special or consequential damages arising from the use or ownership of any prizes.

 

Exclusions & Exceptions 

1.   The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, Act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control.

2.   Any changes to the competition will be notified to entrants as soon as possible on the promoter website www.flaim.com and it is up to the entrant to accept changes of the terms.

3.   The promoter is not responsible for any errors committed by the entrant during the promotion which might have as a result that no reward can be granted.

4.   The promotion will start no earlier than 1 December [RR1] unless decided otherwise by the Promoter and if such extension takes place it will be announced and published on the flaim website (www.flaim.com).

5.   The promotion is only open to entrants with a valid SIM card and working phone who are subscribers (pre-paid or post-paid) on the following networks: MTN, Airtel, Glo and 9Mobile; entrants who have SIM cards and numbers registered under other networks will not be able to participate in the promotion.

6.   The promoter shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, and subject to NLRC’s approval ;such change shall be effective immediately, and without further recourse or challenge from the moment it is posted on www.flaim.com.

7.   The promoter also reserves the right to cancel the competition if circumstances outside of its control, forces it to do so.

8.   Entry into the promotion by downloading the app will be deemed as acceptance of flaim and the Promoter General terms and conditions and also the Promotion’s terms and conditions.

9.   This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or any other Social Network. You are providing your information to EQUIIS Technologies and no other party.

10.   The information provided by the entrant as part of the promotion will be used in conjunction with the following Privacy Policy found at https://www.flaim.com/privacy.