Terms & Conditions FIFA 2010 Campaign
TERMS AND CONDITIONS FOR PROMOTIONAL CAMPAIGN
“SOUTH AFRICA 2010 ROAR to SCORE COMPETITION BONAIRE”
1. Campaign
1.1. Digicel has a campaign that is called South Africa 2010 Roar to Score in which Digicel subscribers prepaid and postpaid can participate to win FIFA Footballs, FIFA T-shirts and FIFA Bags, All inclusive trip from Bonaire to South Africa to see the finals of the Fifa world Cup 2010, flatscreen 42” and Hook Up with friends to watch the finals of the FIFA World Cup Game at the bar of choice.
1.2. The campaign starts on March 1st, 2010 and ends on July 11th, 2010.
2. Participation
2.1. Prepaid customer will have the opportunity to win other prizes when purchasing the Digicel FIFA scratch cards of Naf 5,- and win instant prizes like, FIFA Footballs, FIFA T-shirts and FIFA Bags. This can be collected at the Digicel stores during working hours by showing an Valid ID and the scratch card. Winners of instant prizes are still eligible to win the main prizes.
2.2. Postpaid customers automatically will have the opportunity to win FIFA Footballs, FIFA T-shirts and FIFA Bags by monthly draw and are automatically still eligible for the main prize.
3. Main Prizes
3.1. Only persons eight-teen (18) years or older, on the date of the relevant draw, can claim the main prizes. Proof of age of the winner is required before redeeming a prize.
3.2. Digicel employees are not eligible for entry. Because of its implications for a visa application persons who have an unexpunged criminal record are also not eligible for entry.
3.3. Winners will be required to sign a Declaration of Compliance with these Terms and Conditions and a release form releasing each of our legal entities, their respective affiliates, parents, subsidiaries, directors, officers, employees, agents, dealers, dealer principles, distributors and advertising, promotion and public relations agencies (collectively, the "Releases"), from any and all claims or liability of any kind arising from or in connection with this contest or a prize, including, without limitation, claims or liability in connection with the acceptance, use or misuse of the prize as awarded. Declaration and Release documents must be completed and returned prior to collection of the prize or the prize may be forfeited.
3.4. The Competition is open to Digicel Flex (Pre-paid) and Digicel Select (Post-paid) Subscribers.
3.5. During the Competition Period Digicel Flex (Pre-paid) Subscribers are automatically entered each time they top-up by a Digicel FIFA Top Up Card of Naf. 5,- or by purchasing a new prepaid mobile phone.. Digicel Select (Post-paid) Subscribers are automatically entered when they sign up for a new postpaid contract, extend their existing postpaid contract, pay their bills on time.
3.6. To be eligible to win, Subscribers’ accounts must be active and in good standing at the time of the prize draw. If calls to a subscriber number are barred, where service to a subscriber number has expired or has been deactivated or where a warning has been issued to a Subscriber in relation to service to his subscriber number the Subscriber will not be eligible to win.
3.7. The Competition Period is from March 1st, 2010 to July 11st, 2010. Winners will be selected in a random drawing to be conducted by Digicel (or its designee) from among all eligible entries submitted during the period. The entrant will be contacted via the subscriber number selected. The following winners will be selected per prize:
• May 24th, 2010 :One winner prepaid subscriber and one winner postpaid subscriber will be selected for the all inclusive trip to the finals of the FIFA World Cup game in South Africa.
• June 10th , 2010 :One winner prepaid subscriber and one winner postpaid subscriber will be selected for the Flatscreen.
• June 18th , 2010 :One winner prepaid subscriber and one winner postpaid subscriber will be selected for the Hook Up with friends.
3.8. If the winner cannot be contacted via his/her subscriber number on the Draw Date, then another draw will take place. This process will be repeated until the prize is given away.
3.9. After the draw we will check if the winner complies with these terms. If the winner fails to comply with these terms the prize is forfeited and a new draw done.
3.10. We accept no responsibility for loss, damage, or claims cause by, related to, or in anyway resulting from the prize, its exercise or acceptance. Winners agree that they will sign a Declaration of Compliance with these Terms and Conditions and a Release Form releasing each of our legal entities, their respective affiliates, parents, subsidiaries, directors, officers, employees, agents, dealers, dealer principles, distributors and advertising, promotion and public relations agencies (collectively, the "Releases"), from any and all claims or liability of any kind arising from or in connection with this contest or a prize, including, without limitation, claims or liability in connection with the acceptance, use or misuse of the prize as awarded. Declaration and Release documents must be completed, notarized and returned prior to collection of the prize or the prize may be forfeited.
3.11. Prize consists of (a) round-trip, economy-class air transportation, for use solely by the prize recipient from Bonaire to Johannesburg, South Africa, (b) four nights’ hotel accommodations (including breakfast and dinner), (c) a ticket to the 2010 FIFA World Cup Finals, (d) visa costs, (e) immunisation costs, (f) spending money of US$50.00 per day.
3.12. All costs and expenses not expressly included herein in connection with the prize (including, without limitation, transportation to and from airport of origin, food and beverages, and other incidental costs), and all applicable taxes, will be the sole responsibility of the prize recipient. Where Departure Tax is not added to the price of the airline ticket this must be borne by the prize winner.
3.13. Air transportation may require connecting flights. We reserve the right to require the travelers to fly on certain days of the week, and/or at certain times of the day or night, and/or on certain airline carriers.
3.14. The Winner must be able and available to travel on those particular travel dates that we may specify. Hotel accommodations will be at a hotel selected by Digicel. The prize trip is subject to availability and confirmation of reservations.
3.15. Flight details are subject to space availability, and the airline carrier’s regulations and conditions apply. The prize trip may not be combined with any other offer, and travel may not qualify for frequent flyer miles. Certain additional restrictions and blackout dates may apply. Airline tickets are non-refundable, non-exchangeable, non-transferable, not redeemable for cash, and not valid for upgrades.
3.16. Where it is necessary to apply for a Passport and visa this will be undertaken by the Prize Winner. The cost of the application for required visas will be borne by Digicel. We are not responsible for lost or mutilated travel documents or tickets, and none will be replaced. The prize winner will need to confirm his/her ability to travel by the May, 24th , 2010. If the winner does not by the May, 24th ,2010 have a passport or any required visa the prize is forfeited and another draw will take place until the prize is given away.
3.17. Winner must satisfy him/herself that s/he is fit to travel to take up the prize. If in doubt, medical advice must be taken and acted upon by prize winner. Immunization against certain diseases must be undertaken or proof of prior immunization produced by May, 24th , 2010 If the winner does not by the May, 24th, 2010 undertake or provide proof of the required immunization the prize is forfeited and another draw will take place until the prize is given away. Diseases against which immunization is required are Hepatitis A, Hepatitis B, Typhoid, Measles, Mumps, Rubella (MMR) and Tetanus-Diphtheria..
3.18. Digicel is not responsible under any circumstances for, and hereby irrevocably are released and held harmless by all entrants from and against, any and all lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or transmissions or technical failure, jumbled, scrambled or misdirected transmissions, incorrect or inaccurate entry information, howsoever caused, or other errors of any kind, whether human, mechanical or electronic.
3.19. Subscribers found to be tampering with or abusing any aspect of this Competition, as solely determined by Digicel or the judges, will be disqualified from any further participation in this Competition and will become ineligible to receive any prize hereunder. Any attempt by any person deliberately to undermine the legitimate operation of the Competition may be in violation of criminal and civil law, and should such an attempt be made, Digicel hereby specifically reserve the right (among other causes of action and remedies) to seek and obtain damages from and against any such person to the fullest extent permitted by law. Digicel’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision (or of any other provision hereunder).
3.20. Digicel hereby specifically reserves the right to terminate, cancel, suspend and/or modify the Competition if any fraud, virus or other technical problem corrupts the administration, security, safety or proper play of the Competition, as determined by Digicel in its sole discretion. In such event, Digicel hereby specifically reserve the right (but not the obligation) to award some other prize hereunder (as determined by Digicel in its sole discretion) by means of a random drawing from among the eligible entries received up until the time of the impairment.
3.21. All the prizes are personal and cannot be transferred by winners.
3.22. A third party cannot claim a prize on behalf of a Winner.
3.23. The Prize is as stated and cannot be exchanged or refunded.
3.24. In the event of unforeseen circumstances Digicel reserves the right to offer an alternative prize without notice. No cash alternatives will be offered.
3.25. This promotion is subject to all applicable laws. Taxes, including personal income tax, payable on any prizes are the Winner’s sole responsibility.
3.26. Winner will be required to participate in any planned publicity in connection with this competition and by entering the promotion, the prize winner consents to the use of his/her name, likeness, image, photograph for any and all programming and/or publicity promotion or advertising purposes, commercial or otherwise, in all media and formats used by us or our agencies, without further compensation, throughout the entire world in perpetuity.
3.27. Only persons actually residing on Bonaire can participate in the campaign.
3.28. These Terms and Conditions are subject to change.
3.29. Digicel’s decision is final and no correspondence will be entered into.
3.30. To claim the prize the winner must present a valid and legal photographic identification and carry the phone with the wining subscriber number for verification that he/she is the person selected as the Winner.
3.31. We accept no responsibility for any prize forfeited in any way.
4. Collection of Prizes
4.1. Instant Prizes can be collected before August 31st, 2010 at the Digicel store, Kaya Grandi 26. Main Prize winners needs to notify Digicel that they are claiming their prize the same day after beeing called and claim their prize at Digicel, Kaya Grandi 26; after mentioned timeframe the claim will expire.
5. Governing law
5.1. This agreement shall be governed and construes through and under the laws of the Netherlands Antilles. Disputes shall be submitted exclusively to the competent courts of the Netherlands Antilles.
BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS. READ CAREFULLY BEFORE SIGNING.
I acknowledge that by signing this document, I am assuming risk, and agreeing to indemnify, not to sue and release from liability Digicel limited and its respective affiliates, parents, subsidiaries, directors, officers, shareholders, employees, agents, dealers, dealer principles, distributors and advertising, promotion and public relations agencies and assigns (collectively “releasees”), and that I am giving up substantial legal rights. This waiver and release of liability form is a contract with legal and binding consequences. I have read it carefully before signing, and I understand what it means and what I am agreeing to by signing. I have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
In consideration of participating in the Digicel FIFA World Cup SA Competition by virtue of which I will depart from Bonaire on Thursday July 8th, 2010 and travel to South Africa on a fully expensed trip from Digicel to attend the World Cup Games (collectively the “Activities” attached hereto and amended from time to time by Digicel), I hereby freely agree to and make the following contractual representations and agreements:
1. I acknowledge that Digicel will be responsible for the routing and scheduling of my flights, accommodation and transfer to and from accommodation in South Africa, shall provide a reasonable per diem for meals and other subsistence not to exceeed the sum of US$ 50 per day and over and above this the trip make expose me to risks, losses and or inconvenience the ACTS OR DEFAULT OF THE RELEASEES, the negligence of others and weather conditions and the possibility of serious physical and/or mental trauma or injury, death and/or property damage which I shall fully and completely assume.
2. I fully understand and acknowledge that: (a) risk and danger inherently exist in participating in the competition and attending any of the Activities; (b) these risk and danger may be caused by the operator of the Activities, other participants, accidents, forces of nature, RELEASES’S OWN ACTS OR DEFAULT and/or other causes. Risk and danger may arise from foreseeable and unforeseeable causes including but not limited to selection of the location where the Activities are to take place, weather conditions, and such other risk, hazards and dangers that are integral to recreational activities that take place in water, outdoors or in recreational environments.
3. I hereby release, waive and discharge Releasees from all claims which could be brought by me my guardian and next of kin, or my personal representatives for any and all costs (including reasonable legal costs) and expenses, loss or damage, and any claim or demands therefore on account of injury and/or death or property damage, now and forever, arising out of or related to participation in this Competition or accepting this prize or attending in said Activities, or anything reasonably incidental thereto, that may occur, whether caused by the ACTS OR DEFAULT OF THE RELEASEES or otherwise.
4. I hereby assume responsibility for any risk of bodily injury, death or property damage, now and forever, arising out of or related to participation and/or instruction in said Activities, foreseen or unforeseen, that may occur, whether caused by the ACTS OR DEFAULTS OF THE RELEASEES or otherwise.
5. I hereby agree to indemnify and save and hold harmless the Releasees from any claim, loss, liability, damage or cost that they may incur, now and forever, arising out of my own negligence arising out of or related to participation in this Competition and accepting this prize or attending any of the said Activities.
6. I hereby agree that I shall raise no objections, or make any claim in relation to the use by Digicel Limited, its affiliates and subsidiaries, of any images of me whether in relation to accepting this prize or attending the Activities or otherwise, for the marketing or promotions of any of its services or products in any markets in which the products and services are distributed to the public.
7. I ACKNOWLEDGE THAT THIS WAIVER AND RELEASE AGREEMENT EXTENDS TO ALL ACTS OF NEGLIGENCE BY THE RELEASEES.
8. I acknowledged that this Waiver and Release Agreement is intended to be as broad and inclusive as permitted by the laws of The Netherlands Antilles. If any portion thereof is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver and Release Agreement shall remain valid and fully enforceable.
PLEASE FILL IN THE FOLLOWING INFORMATION
Name ________________________________________
Address ______________________________________
Emergency Contact _____________________________
Emergency Contact Phone _______________________
Today’s Date __________________________________
_______________________________________ _____
Signature
CONSENT AND RELEASE AGREEMENT
As used below, “Digicel” shall mean Digicel (Bonaire) Limited its respective affiliates, parents, subsidiaries, directors, officers, employees, agents, dealers, dealer principles, distributors and advertising, promotion and public relations agencies and assigns.
In consideration of the receipt of my claimed prize:
I represent and warrant that:
1. I permanently reside in Bonaire.
2. I am not an employee, dealer principles or employees of any of our affiliated companies, advertising, promotion and public relations agencies, dealers, distributors, or anyone else connected with this promotion.
3. I have full right and authority to enter into this Consent and Release Agreement and to grant the rights hereby granted to Digicel.
4. I have read this document before signing it and am fully familiar with its contents.
5. The information below concerning my name, address and birthday and mobile telephone number are true and accurate.
I hereby grant Digicel the right to use my name, likeness, image, photograph for any and all programming and/or publicity promotion or advertising purposes, commercial or otherwise, in all media and formats used by Digicel or our agencies, without further compensation, throughout the entire world in perpetuity.
I agree that I am solely responsible for taxes, including personal income tax, payable on any prizes.
I agree that I will return any prize if any of the representation and warranties I have made are false or misleading.
To the fullest extent permitted by law, I agree to RELEASE, HOLDHARMLES and INDMENIFY Digicel from any and all claims or liability of any kind arising from or in connection with this contest or a prize, including, without limitation, death, injury or claims or liability in connection with the acceptance, use or misuse of the prize as awarded, whether foreseen or unforeseen, however caused and whether or not caused by negligence.
This consent and release agreement shall be binding upon my heirs, executor, administrator and all members of my family and household and me. I understand that this is a binding agreement that supersedes any other agreements or representations, and is intended to provide a comprehensive release of liability but is not intended to assert any defences which are prohibited by law.
This consent and release agreement shall be governed and constructed under the laws of The Netherlands Antilles and be subject to the exclusive jurisdiction of the courts of The Netherlands Antilles.
(Must also be signed by parent or guardian if participant is a minor.)
If I am signing on behalf of a minor, in addition to the above, I hereby consent to said minor receiving the prize and also agree to RELEASE, HOLD HARMLESS, and IDEMNIFY Digicel for any claims of the minor. I also represent and warrant that I am at least eighteen (18) years of age and the parent or legal guardian of the individual named above if he or she is under the age of eighteen (18).
____________________________________________ __________________________________________________
Parent or Legal Guardian Print Name
“SOUTH AFRICA 2010 ROAR to SCORE COMPETITION BONAIRE”
1. Campaign
1.1. Digicel has a campaign that is called South Africa 2010 Roar to Score in which Digicel subscribers prepaid and postpaid can participate to win FIFA Footballs, FIFA T-shirts and FIFA Bags, All inclusive trip from Bonaire to South Africa to see the finals of the Fifa world Cup 2010, flatscreen 42” and Hook Up with friends to watch the finals of the FIFA World Cup Game at the bar of choice.
1.2. The campaign starts on March 1st, 2010 and ends on July 11th, 2010.
2. Participation
2.1. Prepaid customer will have the opportunity to win other prizes when purchasing the Digicel FIFA scratch cards of Naf 5,- and win instant prizes like, FIFA Footballs, FIFA T-shirts and FIFA Bags. This can be collected at the Digicel stores during working hours by showing an Valid ID and the scratch card. Winners of instant prizes are still eligible to win the main prizes.
2.2. Postpaid customers automatically will have the opportunity to win FIFA Footballs, FIFA T-shirts and FIFA Bags by monthly draw and are automatically still eligible for the main prize.
3. Main Prizes
3.1. Only persons eight-teen (18) years or older, on the date of the relevant draw, can claim the main prizes. Proof of age of the winner is required before redeeming a prize.
3.2. Digicel employees are not eligible for entry. Because of its implications for a visa application persons who have an unexpunged criminal record are also not eligible for entry.
3.3. Winners will be required to sign a Declaration of Compliance with these Terms and Conditions and a release form releasing each of our legal entities, their respective affiliates, parents, subsidiaries, directors, officers, employees, agents, dealers, dealer principles, distributors and advertising, promotion and public relations agencies (collectively, the "Releases"), from any and all claims or liability of any kind arising from or in connection with this contest or a prize, including, without limitation, claims or liability in connection with the acceptance, use or misuse of the prize as awarded. Declaration and Release documents must be completed and returned prior to collection of the prize or the prize may be forfeited.
3.4. The Competition is open to Digicel Flex (Pre-paid) and Digicel Select (Post-paid) Subscribers.
3.5. During the Competition Period Digicel Flex (Pre-paid) Subscribers are automatically entered each time they top-up by a Digicel FIFA Top Up Card of Naf. 5,- or by purchasing a new prepaid mobile phone.. Digicel Select (Post-paid) Subscribers are automatically entered when they sign up for a new postpaid contract, extend their existing postpaid contract, pay their bills on time.
3.6. To be eligible to win, Subscribers’ accounts must be active and in good standing at the time of the prize draw. If calls to a subscriber number are barred, where service to a subscriber number has expired or has been deactivated or where a warning has been issued to a Subscriber in relation to service to his subscriber number the Subscriber will not be eligible to win.
3.7. The Competition Period is from March 1st, 2010 to July 11st, 2010. Winners will be selected in a random drawing to be conducted by Digicel (or its designee) from among all eligible entries submitted during the period. The entrant will be contacted via the subscriber number selected. The following winners will be selected per prize:
• May 24th, 2010 :One winner prepaid subscriber and one winner postpaid subscriber will be selected for the all inclusive trip to the finals of the FIFA World Cup game in South Africa.
• June 10th , 2010 :One winner prepaid subscriber and one winner postpaid subscriber will be selected for the Flatscreen.
• June 18th , 2010 :One winner prepaid subscriber and one winner postpaid subscriber will be selected for the Hook Up with friends.
3.8. If the winner cannot be contacted via his/her subscriber number on the Draw Date, then another draw will take place. This process will be repeated until the prize is given away.
3.9. After the draw we will check if the winner complies with these terms. If the winner fails to comply with these terms the prize is forfeited and a new draw done.
3.10. We accept no responsibility for loss, damage, or claims cause by, related to, or in anyway resulting from the prize, its exercise or acceptance. Winners agree that they will sign a Declaration of Compliance with these Terms and Conditions and a Release Form releasing each of our legal entities, their respective affiliates, parents, subsidiaries, directors, officers, employees, agents, dealers, dealer principles, distributors and advertising, promotion and public relations agencies (collectively, the "Releases"), from any and all claims or liability of any kind arising from or in connection with this contest or a prize, including, without limitation, claims or liability in connection with the acceptance, use or misuse of the prize as awarded. Declaration and Release documents must be completed, notarized and returned prior to collection of the prize or the prize may be forfeited.
3.11. Prize consists of (a) round-trip, economy-class air transportation, for use solely by the prize recipient from Bonaire to Johannesburg, South Africa, (b) four nights’ hotel accommodations (including breakfast and dinner), (c) a ticket to the 2010 FIFA World Cup Finals, (d) visa costs, (e) immunisation costs, (f) spending money of US$50.00 per day.
3.12. All costs and expenses not expressly included herein in connection with the prize (including, without limitation, transportation to and from airport of origin, food and beverages, and other incidental costs), and all applicable taxes, will be the sole responsibility of the prize recipient. Where Departure Tax is not added to the price of the airline ticket this must be borne by the prize winner.
3.13. Air transportation may require connecting flights. We reserve the right to require the travelers to fly on certain days of the week, and/or at certain times of the day or night, and/or on certain airline carriers.
3.14. The Winner must be able and available to travel on those particular travel dates that we may specify. Hotel accommodations will be at a hotel selected by Digicel. The prize trip is subject to availability and confirmation of reservations.
3.15. Flight details are subject to space availability, and the airline carrier’s regulations and conditions apply. The prize trip may not be combined with any other offer, and travel may not qualify for frequent flyer miles. Certain additional restrictions and blackout dates may apply. Airline tickets are non-refundable, non-exchangeable, non-transferable, not redeemable for cash, and not valid for upgrades.
3.16. Where it is necessary to apply for a Passport and visa this will be undertaken by the Prize Winner. The cost of the application for required visas will be borne by Digicel. We are not responsible for lost or mutilated travel documents or tickets, and none will be replaced. The prize winner will need to confirm his/her ability to travel by the May, 24th , 2010. If the winner does not by the May, 24th ,2010 have a passport or any required visa the prize is forfeited and another draw will take place until the prize is given away.
3.17. Winner must satisfy him/herself that s/he is fit to travel to take up the prize. If in doubt, medical advice must be taken and acted upon by prize winner. Immunization against certain diseases must be undertaken or proof of prior immunization produced by May, 24th , 2010 If the winner does not by the May, 24th, 2010 undertake or provide proof of the required immunization the prize is forfeited and another draw will take place until the prize is given away. Diseases against which immunization is required are Hepatitis A, Hepatitis B, Typhoid, Measles, Mumps, Rubella (MMR) and Tetanus-Diphtheria..
3.18. Digicel is not responsible under any circumstances for, and hereby irrevocably are released and held harmless by all entrants from and against, any and all lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or transmissions or technical failure, jumbled, scrambled or misdirected transmissions, incorrect or inaccurate entry information, howsoever caused, or other errors of any kind, whether human, mechanical or electronic.
3.19. Subscribers found to be tampering with or abusing any aspect of this Competition, as solely determined by Digicel or the judges, will be disqualified from any further participation in this Competition and will become ineligible to receive any prize hereunder. Any attempt by any person deliberately to undermine the legitimate operation of the Competition may be in violation of criminal and civil law, and should such an attempt be made, Digicel hereby specifically reserve the right (among other causes of action and remedies) to seek and obtain damages from and against any such person to the fullest extent permitted by law. Digicel’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision (or of any other provision hereunder).
3.20. Digicel hereby specifically reserves the right to terminate, cancel, suspend and/or modify the Competition if any fraud, virus or other technical problem corrupts the administration, security, safety or proper play of the Competition, as determined by Digicel in its sole discretion. In such event, Digicel hereby specifically reserve the right (but not the obligation) to award some other prize hereunder (as determined by Digicel in its sole discretion) by means of a random drawing from among the eligible entries received up until the time of the impairment.
3.21. All the prizes are personal and cannot be transferred by winners.
3.22. A third party cannot claim a prize on behalf of a Winner.
3.23. The Prize is as stated and cannot be exchanged or refunded.
3.24. In the event of unforeseen circumstances Digicel reserves the right to offer an alternative prize without notice. No cash alternatives will be offered.
3.25. This promotion is subject to all applicable laws. Taxes, including personal income tax, payable on any prizes are the Winner’s sole responsibility.
3.26. Winner will be required to participate in any planned publicity in connection with this competition and by entering the promotion, the prize winner consents to the use of his/her name, likeness, image, photograph for any and all programming and/or publicity promotion or advertising purposes, commercial or otherwise, in all media and formats used by us or our agencies, without further compensation, throughout the entire world in perpetuity.
3.27. Only persons actually residing on Bonaire can participate in the campaign.
3.28. These Terms and Conditions are subject to change.
3.29. Digicel’s decision is final and no correspondence will be entered into.
3.30. To claim the prize the winner must present a valid and legal photographic identification and carry the phone with the wining subscriber number for verification that he/she is the person selected as the Winner.
3.31. We accept no responsibility for any prize forfeited in any way.
4. Collection of Prizes
4.1. Instant Prizes can be collected before August 31st, 2010 at the Digicel store, Kaya Grandi 26. Main Prize winners needs to notify Digicel that they are claiming their prize the same day after beeing called and claim their prize at Digicel, Kaya Grandi 26; after mentioned timeframe the claim will expire.
5. Governing law
5.1. This agreement shall be governed and construes through and under the laws of the Netherlands Antilles. Disputes shall be submitted exclusively to the competent courts of the Netherlands Antilles.
BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS. READ CAREFULLY BEFORE SIGNING.
I acknowledge that by signing this document, I am assuming risk, and agreeing to indemnify, not to sue and release from liability Digicel limited and its respective affiliates, parents, subsidiaries, directors, officers, shareholders, employees, agents, dealers, dealer principles, distributors and advertising, promotion and public relations agencies and assigns (collectively “releasees”), and that I am giving up substantial legal rights. This waiver and release of liability form is a contract with legal and binding consequences. I have read it carefully before signing, and I understand what it means and what I am agreeing to by signing. I have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
In consideration of participating in the Digicel FIFA World Cup SA Competition by virtue of which I will depart from Bonaire on Thursday July 8th, 2010 and travel to South Africa on a fully expensed trip from Digicel to attend the World Cup Games (collectively the “Activities” attached hereto and amended from time to time by Digicel), I hereby freely agree to and make the following contractual representations and agreements:
1. I acknowledge that Digicel will be responsible for the routing and scheduling of my flights, accommodation and transfer to and from accommodation in South Africa, shall provide a reasonable per diem for meals and other subsistence not to exceeed the sum of US$ 50 per day and over and above this the trip make expose me to risks, losses and or inconvenience the ACTS OR DEFAULT OF THE RELEASEES, the negligence of others and weather conditions and the possibility of serious physical and/or mental trauma or injury, death and/or property damage which I shall fully and completely assume.
2. I fully understand and acknowledge that: (a) risk and danger inherently exist in participating in the competition and attending any of the Activities; (b) these risk and danger may be caused by the operator of the Activities, other participants, accidents, forces of nature, RELEASES’S OWN ACTS OR DEFAULT and/or other causes. Risk and danger may arise from foreseeable and unforeseeable causes including but not limited to selection of the location where the Activities are to take place, weather conditions, and such other risk, hazards and dangers that are integral to recreational activities that take place in water, outdoors or in recreational environments.
3. I hereby release, waive and discharge Releasees from all claims which could be brought by me my guardian and next of kin, or my personal representatives for any and all costs (including reasonable legal costs) and expenses, loss or damage, and any claim or demands therefore on account of injury and/or death or property damage, now and forever, arising out of or related to participation in this Competition or accepting this prize or attending in said Activities, or anything reasonably incidental thereto, that may occur, whether caused by the ACTS OR DEFAULT OF THE RELEASEES or otherwise.
4. I hereby assume responsibility for any risk of bodily injury, death or property damage, now and forever, arising out of or related to participation and/or instruction in said Activities, foreseen or unforeseen, that may occur, whether caused by the ACTS OR DEFAULTS OF THE RELEASEES or otherwise.
5. I hereby agree to indemnify and save and hold harmless the Releasees from any claim, loss, liability, damage or cost that they may incur, now and forever, arising out of my own negligence arising out of or related to participation in this Competition and accepting this prize or attending any of the said Activities.
6. I hereby agree that I shall raise no objections, or make any claim in relation to the use by Digicel Limited, its affiliates and subsidiaries, of any images of me whether in relation to accepting this prize or attending the Activities or otherwise, for the marketing or promotions of any of its services or products in any markets in which the products and services are distributed to the public.
7. I ACKNOWLEDGE THAT THIS WAIVER AND RELEASE AGREEMENT EXTENDS TO ALL ACTS OF NEGLIGENCE BY THE RELEASEES.
8. I acknowledged that this Waiver and Release Agreement is intended to be as broad and inclusive as permitted by the laws of The Netherlands Antilles. If any portion thereof is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver and Release Agreement shall remain valid and fully enforceable.
PLEASE FILL IN THE FOLLOWING INFORMATION
Name ________________________________________
Address ______________________________________
__________________________
Phone _____________
Emergency Contact _____________________________
Emergency Contact Phone _______________________
Today’s Date __________________________________
_______________________________________ _____
Signature
CONSENT AND RELEASE AGREEMENT
As used below, “Digicel” shall mean Digicel (Bonaire) Limited its respective affiliates, parents, subsidiaries, directors, officers, employees, agents, dealers, dealer principles, distributors and advertising, promotion and public relations agencies and assigns.
In consideration of the receipt of my claimed prize:
I represent and warrant that:
1. I permanently reside in Bonaire.
2. I am not an employee, dealer principles or employees of any of our affiliated companies, advertising, promotion and public relations agencies, dealers, distributors, or anyone else connected with this promotion.
3. I have full right and authority to enter into this Consent and Release Agreement and to grant the rights hereby granted to Digicel.
4. I have read this document before signing it and am fully familiar with its contents.
5. The information below concerning my name, address and birthday and mobile telephone number are true and accurate.
I hereby grant Digicel the right to use my name, likeness, image, photograph for any and all programming and/or publicity promotion or advertising purposes, commercial or otherwise, in all media and formats used by Digicel or our agencies, without further compensation, throughout the entire world in perpetuity.
I agree that I am solely responsible for taxes, including personal income tax, payable on any prizes.
I agree that I will return any prize if any of the representation and warranties I have made are false or misleading.
To the fullest extent permitted by law, I agree to RELEASE, HOLDHARMLES and INDMENIFY Digicel from any and all claims or liability of any kind arising from or in connection with this contest or a prize, including, without limitation, death, injury or claims or liability in connection with the acceptance, use or misuse of the prize as awarded, whether foreseen or unforeseen, however caused and whether or not caused by negligence.
This consent and release agreement shall be binding upon my heirs, executor, administrator and all members of my family and household and me. I understand that this is a binding agreement that supersedes any other agreements or representations, and is intended to provide a comprehensive release of liability but is not intended to assert any defences which are prohibited by law.
This consent and release agreement shall be governed and constructed under the laws of The Netherlands Antilles and be subject to the exclusive jurisdiction of the courts of The Netherlands Antilles.
Signature__________________________________________________
Date __________________________________
Print Name ________________________________________________
Birthday _______________________________
Address_____________ _____________________________________
Mobile Number _________________________
(Must also be signed by parent or guardian if participant is a minor.)
If I am signing on behalf of a minor, in addition to the above, I hereby consent to said minor receiving the prize and also agree to RELEASE, HOLD HARMLESS, and IDEMNIFY Digicel for any claims of the minor. I also represent and warrant that I am at least eighteen (18) years of age and the parent or legal guardian of the individual named above if he or she is under the age of eighteen (18).
____________________________________________ __________________________________________________
Parent or Legal Guardian Print Name
