Test Your Brain
TERMS AND CONDITIONS

The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Vodacom will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoters and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoters may also have claims and other rights against you

To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Regulations, no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Regulations.

Please read these terms and conditions and Vodacom General Subscriber Terms and Conditions carefully that shall form part of these Terms and Conditions obtained from Vodacom website.

Participation in this offering will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer, it is your obligation to review these Terms and Conditions regularly.

Campaign means The advertisement that will be done to Vodacom customers so that they can subscribe to the service and Test your Brain.

Campaign participation Channels: The Vodacom Customers can participate in the Test your Brain Promotion service through the following channels SMS and Portal.

Entrant means The subscriber to Vodacom Test your Brain promotional services

Prizes: Test Your Brain has the following Prizes that are played in order to get winners (click here to see the prizes)

Marketing service providers means (i) the Promoter; supplier/s of goods and or services in terms of this Promotion; and Promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Promotion Period.

Participant means an eligible Campaign participant who is a Vodacom customer 18 years and above.

Promoter means Vodacom

Promotion means the opportunity to participate in a game in terms of which customers can win prizes as detailed in these Terms and Conditions. The promoter retains the rights to extend the game period and update the prizes.

Regulations means the Electronic and Postal Communications (Consumer Protection)Regulations 2018 (as may be amended from time to time), Gaming Board of Tanzania Regulations and any other Tanzanian laws whichever is applicable.

Services means Vodacom Test your Brain.

Vodacom Test Your Brain means the campaign name and includes Test Your Brain Prizes competition service.

Vodacom means Vodacom Tanzania Public Limited Company

Test Your Brain Play and Win Premium Game

Test your Brain is the innovation service whereby customers will Answer 9 questions correctly to win big prizes! TEST YOUR BRAIN can be about technology, sports, music, health, or science. You get to choose the category! Also, you can use three lifelines to help you during the game. Make no mistakes and WIN the jackpot

i. SMS: Send BRAIN to 15914

ii. Portal:www.chekechamkwanja.com

i. SMS: Send STOP to 15914

ii. Portal:www.chekechamkwanja.com

i. First time participation (First SMS to 15914), SMS participation per Day auto renewal and portal participation shall be in accordance with our charges as on SMS.

Note: Auto renewal means everyday a subscriber will be automatically charged and automatically renewed into the service to Play and win prizes.

ii. Customers accept that by subscribing to the game, they will be liable for the following costs for subscription to the Vodacom Test Your Brain services as provided in our website.

Winners will be notified telephonically by the Promoter and/or its authorized agents on or as soon as possible.

By participating and accepting a prize a winner gives rights to Vodacom to use the winner's information be it but not limited to voice, picture, or video testimonials for the purpose of publication in media for the full duration of promotion.

Draws will be done automatically and big draws under supervision of the Gaming Board of Tanzania.

Customer can win the same prizes only once during the promotion period for daily Prizes but for weekly and Grand Prize will select only who have high scored points.

Entrant’s acknowledge and accept that the Promoter shall utilize a third party (the Promoters’ authorized agent/s) to contact the entrant, in the event that the entrant is a winner, and arrange delivery of the Prize. In order to effect the contacting and delivery process, the Promoters shall provide the entrant’s information to such third party.

5.1 All the information for the participants of the Promotional Game will be published in Vodacom Tanzania website, Vodacom Social media

5.2 Instagram: vodacomtanzania, Facebook: vodacomtanzania, Vodacom website: vodacom.co.tz

5.3 Each participant can drop out of the Promotional Game and stop receiving any information about the Promotional Game by sending an SMS with keyword "STOP" to the Short Code 15914, www.chekechamkwanja.com or call the customer care number 100 (free of charge) and request to be opted out of the campaign. If after the participant chooses to send a new SMSmessage to the Short Code 15914 or BRAIN for trivia he/she will be considered as a participant in the Game again.

5.4 If the Promotional Game is terminated, the Promoter of the Promotional Game will publish in the official resources of the Promotional Game and send SMS notifications to participants.5.5 Interruption or early termination of the Promotional Game shall not release the Promoter from its obligation to give out already awarded prizes and execute other actions required, except for the cases when termination or interruption of the Promotional Game was caused by actions or events which are not under the Promoter’s control.

5.6 The Promoter of the Game shall not release personal information about participants of the Promotional Game to any third persons unless required to do so by law or in order to comply with Government Authorities in Tanzania.

5.7 The Promoter reserves the right not to enter into written negotiations or any other form of contact with the participants of the Promotional Game other than in accordance with the Terms and Conditions or in accordance with the requirements of the current legislations of Tanzania.

5.8 The Promoter reserves the right to make available free short codes throughout the duration of the Promotional Game for any purpose.

6.1 We may add to or change this Conditions of Use in accordance with clause 6.2. We may add new fees and charges or change existing fees and charges at any time; as a direct result of new legislation, statutory instrument, Government regulations or licenses, rates of exchange, imposition or alteration of government tax or as a result of any review of Vodacom’s business planning, changes within the industry, recommendations from regulatory bodies or for such other reason as it may determine.

6.2 We will let you know in advance if we add to or change these terms and conditions or if we add new fees and charges or change existing ones during or after the subscription of the Services. The amount and type of notice that we will give you will follow the necessary channel that apply and are available at that time. (For example, we may notify you by letter, electronic mail, telephone (including recorded message or text SMS) or by an advertisement in gazette daily or weekly newspaper or in our website or any other means), you are advised also to visit our website from time to time to view the changes in case due to some unforeseen reasons you might not receive updates notification.

6.3 If we change or add to these Terms and Conditions and you are not happy to accept the changes, you may terminate this Terms and Conditions as per Clause 7 below. If you do not ask us to end this Condition of Use and still continue using the Services, you are deemed to have accepted the changes as of their effective date.

7.1 We may terminate this Conditions of Use at any time at our sole discretion. Such termination shall be subject to notifying you. Notification may be by letter, electronic mail, telephone (including recorded message or text SMS) or by an advertisement in gazette daily or weekly newspaper or in our website or any other means. You are advised also to visit our website from time to time to view the changes in case due to some unforeseen reasons you might not receive update notifications.

7.2 You may terminate these conditions of use by Opting Out of the service

8.1 If you wish to enquire further, call through our customer service stated herein. You may contact us through our customer care center lines 100 or other customer care contacts provided channels on our social media or Website (i.e. TOBi Online or Submit enquires) to report any disputes, claims or discrepancies in the Service.

8.2 If you are not satisfied with any aspect of the service offered, please contact Customer Care. They will be pleased to help and explain the complaints procedure in more detail. We will try and resolve your complaint as soon as possible. Often however, the complaint will need to be investigated. If this is the case, we will respond to you within 7 Business Days to acknowledge receipt of your complaint and we may respond to you how long it will take for your complaint to be resolved. If your complaint cannot be resolved, you will be advised accordingly.

9.1 We will not be liable for any delay or failure in performing any of our obligations in respect to the use of the Services where such delay or failure occurs because of any circumstances beyond our Service’s reasonable control.

9.2 You may not vary any of these Condition of Use and you may not transfer these terms to any other person or business.

9.3 These Conditions of Use shall be governed by and interpreted in accordance with Tanzanian law.

9.4 We shall not be liable for any Indirect and or Consequential loss suffered or occasioned arising from or as a result of an entrant’s participation in the Promotion or the entrant’s redemption of any Prize in terms of this Promotion.

9.5 All communications under these Terms and Conditions shall be in either English or Swahili.

10.1 The Promoter, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s participation in the Promotion or the entrant’s redemption of any Prize In terms of this Promotion, or from any amendments to Prize details and/or the terms and conditions of this Promotion. All entrants (including the winners) hereby expressly indemnify the Promoter in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.

10.2 In so far as it is necessary, required by law or beyond the reasonable control of the Promoter, the Promoter reserves the right to vary the nature of the Promotion, the Prize, or these terms and conditions upon notice in this regard being published on www.Vodacom.co.tz or in another appropriate medium. In the event that the Prize is limited or varied in this manner, the Promoter shall replace the Prize with a prize of a similar economic value.

10.3 Any amended terms and conditions published in any media, or on the VODACOM website www.Vodacom.co.tz will form part of the terms and conditions of the Promotion, to which terms the entrants agree to be bound.

10.4 Winners shall be contacted via telephone and/or email in terms of the contact details supplied by the winner when entering the Competition. Please note that winners shall not be notified by way of SMS. The Promoter shall attempt to contact the winner for a period of 10 days after his or her name is drawn as a winner for daily Draw and top point score for weekly and Grand Prizes. In the event that the winner is either unreachable (during the time frames stipulated above) or in the event that the winner rejects, or declines acceptance of the Prize, the Prize shall be subject to a new draw for daily prizes and for second point score on weekly and Grand Prize. Further, should contact have been made by the Promoter with the winner after they have won a Prize and the winner is thereafter unreachable for the purposes of delivery of the prize The Promoter shall attempt to contact the winner for a period of 3 times a day and if the winner is unreachable, the Prize will be subject to a new draw for daily prizes and second point score to the weekly and Grand Prize.

10.5 The Prize is not transferable and is not exchangeable for another prize.10.6 The decision of the Promoter in respect of disputes arising out of this Promotion shall be dealt with by the Promoter in terms of these terms and conditions. The decision of the Promoter in this regard shall be final.

10.7 Winners are only entitled to win 1 (one) Prize each in each round of draws (i.e. one Prize for every draw which takes place daily, but can win more than once in the weekly if he/she play more and gain more points

10.8 The Promoter reserve the right to withhold the Prize until it is entirely satisfied that the claimant of the Prize is the bona fide winner, and reserves the right to call for such proof as it may deem necessary.

10.9 The Promoter (including their authorized representatives) reserves the right to investigate any suspected fraudulent, abusive or suspicious behavior, users and/or accounts, in its sole and absolute discretion, whether during the Promotion Period, at the point of the Prize draws or after the winners have been drawn. The Promoter reserves the right, in its sole and absolute discretion, to disqualify such entrants from the Promotion, without notice to the entrant.

10.10 The Promoter shall request that winners consent in writing to their name, image and likeness being used and published by the Promoter in connection with this Promotion for a period of 12 (twelve) months after they are announced as winners. Winners may decline the use of their name, likeness and image by the Promoter.

10.11 By participating in this Promotion entrants signify their consent to be bound by the terms and conditions contained herein.

10.12 By participating in this Promotion all entrants give their consent to receive various marketing and promotional material from the Promoter. Entrants will be provided with an opportunity to "Opt Out" of receiving such communications, which may be via the relevant medium that such marketing communication was received.

10.13 Winners agree that it is an express condition of the Promotion that in order to be eligible to redeem the Prize, the winner shall be required to sign the appropriate acknowledgement of receipt of the Prize, as well as an indemnity and/or waiver of liability as reflected in these terms.

10.14 By participating in Test Your Brain the customer consents Vodacom to use and share personal data to third party involved in Test Your Brain service.

10.15 A subscriber with the highest points can be a weekly or grand winner and daily winners are obtained through a raffle process.

10.16 If for any reasons any physical goods/prizes that are not claimed or collected within a period three (3) months after the winner has been contacted it will be forfeited and Vodacom reserves the right to select a replacement winner after receiving instructions from Gaming board.