which is incorporated herein by reference.
Your Acceptance of these Terms and Conditions
- By using the Service or submitting information through the Service, you are agreeing to these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use the Service.
- We reserve the right, at any time, to modify and update these Terms and Conditions by posting such updated Terms and Conditions on the Playinc website. Any such updates shall apply to you and your use of the Service and by continuing to use the Service, you shall be deemed to have accepted such changes.
- Playinc XBOX Weekly XBOX Competition
- To promote the Playinc Service (also referred to as “the Service”), Vodacom (Pty) Ltd (“Vodacom”) is running a Competition (the “Competition”) where one (1) customer stands a chance of winning an XBOX One S All Digital every week for the period of 03 February to 31 March 2020.
- All participants during the term of the Competition agree to be bound by the following Terms and Conditions.
- The Competition shall run from 00h01 on the 03 February 2020 (the “Start Date”) to 23h59 on the 31 March 2020 (the “End Date”) (“term of the Competition”).
- Vodacom reserves the right to extend or curtail the term of the Competition at its sole discretion.
- To subscribe for the Playinc Service, Subscribers can go onto the playinc web service Playinc.com or App; Playinc and subscribe to any package of their choosing.
- “INFO” to get more information about the service
- SMS with the keyword “OK” or “YES” to 27820099710
- “POINTS” to get to know the points in the draw.
- Vodacom reserves the right to change the start date, suspend, cancel or extend the period of the Promotion at any time.
- Valid Entry
- In order to stand a chance of winning in the Competition, qualifying participants are required to:
- Join or be an existing Playinc subscriber using either the normal rates of; Daily (R5), Weekly (R25) or Monthly (R59) or the NXT LVL rates of; Daily (R3), Weekly (R15) or Monthly (R45) service during the term of the Competition:
- Either via sending the keyword “OK” or “YES” by SMS to 27820099710.
- Or by subscribing via the relevant web pages displaying the competition information and prizes.
- Collect at least 100 points during the term of the Competition.
- Be successfully charged for the Playinc Service, at least once during the term of the Competition.
- Participants can enter multiple times. However, their chances of winning will remain subject to the points mechanics rules applying during the Competition period.
- There are no additional charges for participating in the Competition apart from the cost to join the Playinc Service, as explained in clauses 77 and 78 above. Standard data costs may apply as per the user’s Service provider and existing price plan for data usage of the Playinc Service itself.
- Vodacom shall not be liable for any costs incurred by the winners for entering the Competition or in claiming any prizes, where applicable.
- Data transfer speeds are not guaranteed and are dependent on network availability and utilization.
- The Promotion is open to residents of South Africa that are Vodacom subscribers, excluding all employees, representatives and agents of Vodacom, their respective parents and/or affiliated companies, contest suppliers, and those with whom any of the foregoing are domiciled.
- The following table summarizes the Prizes to be awarded during the Promotion period. Please note that the Prize Value in the table below simply stipulates the corresponding economic value of the prize which may be awarded. This prize may not necessarily be in monetary terms but goods to that monetary value (e.g. a mobile device valued at ZAR 10,000). Vodacom shall, in its own discretion, decide on what the prize should be as long as it is to the monetary value stipulated in the table below:
| Prize Period
|| Prize Value
|| Draw Date
| From 03/02/20, to 31/03/2020 incl
||Xbox One S All Digital
- For a sake of clarity, each participant can earn a maximum of 100 points per day as per the Playinc Service based on a daily subscription.
- Eligible participants will be entered into every draw independent of any previous draw participation provided that they have accumulated the required points during the respective Prize Period.
- Points Mechanism of the Service Competition:
- The follow points will be awarded to each participant who joined by the means described in section 75.a):
| Action = (Active Subscriptions)
|| Number of Entries
| Per Active Daily Subscription
| Per Active Weekly Subscription
| Per Active Monthly Subscription
- Points cannot be transferred from one Subscriber to another.
- The points earned by a participant of the Promotion applies every time a user is charged successfully on the Premium service.
- The number of points earned by each participant represents the number of entries that participant holds in the random draw.
- The winners will be selected by means of a random draw after the end date of each stipulated period, from all eligible entries which meet the requirements set out in these terms and conditions. Every draw will identify a winner and 10 runners up, who will be entitled to become the winners in the event the first selected will not comply with all the eligibility criteria.
- The prize is not transferable and may not be used in conjunction with any other competitions. Vodacom may refuse to give any Prize if the qualifying procedures or these Terms and Conditions have not been adhered to or if it detects any irregularities or fraudulent practices. Vodacom is entitled in its entire discretion to reject /withhold any Prize for any reason and will not be obliged to notify participants that they are rejected.
- The winner is required to provide proof of eligibility and sign a prize acceptance form (as requested by Vodacom) before a prize can be collected. If the winner fails to provide sufficient proof within that required period, s/he is disqualified and forfeits the prize and the next runner up is contacted.
- Every winner will be contacted by Vodacom on the mobile phone number s/he has used to participate in Playinc Service. Vodacom will attempt to contact the winner at least 3 times a day over a period of 1 week, between the hours of 9am and 8pm. Should a selected winner fail to claim the prize, such a winner will forfeit or decline acceptance of the prize. That person's right to the prize will be deemed to have been waived and the prize will be forfeited. Vodacom reserves the right to then award the prize to the next selected entrant.
- Vodacom shall request the winners’ consent in writing their image and/or likeness being used and published in connection with the Promotion and for a period of 12 (twelve) months after they have been announced as winners. The winners may decline the use of their image and/or likeness by Vodacom.
- All risks and ownership of the prize shall pass to the winner on transfer/delivery thereof and hence all of Vodacom's obligations in regard to the prize shall terminate. Vodacom will advise of arrangements in respect of the delivery of the prize at the time of contacting the winner.
- Notwithstanding the fact the prize vests on the recipient immediately upon the determination of the results, any prize that remains unclaimed/undeliverable after a week of transfer or no reasonable effort is made on the part of the winners to claim despite having been advised that s/he has won the prize, will be forfeited.
- Participants are not allowed to use machines that automatically send SMS messages or automate/facilitate the answer process or any other alternative of sending SMS messages, other than the mobile phone (this prohibits the use of any GSM modems attached to a computer or mobile phones attached to a computer). Vodacom reserves the right to disqualify any participants under the suspicion of breaking this obligation.
- Neither Vodacom or any other person or party associated with the Service, their associated companies, agents, contractors and sponsors and any of its personnel involved in the Promotion, shall be liable whatsoever for any loss or damage incurred or suffered (including but not limited to direct or indirect or consequential loss), death or personal injury suffered or sustained arising from either participation in the Promotion or from claiming the Prize.
- In addition, neither Vodacom nor its agents/service providers shall be responsible for any loss or misdirected qualifying purchases, including entries that were not successful due to any failure of hardware, software, or other computer or technical systems.
- Employees, directors and agents of Vodacom, their immediate families, life partners, business partners and associates and any person directly involved with the devising, producing, managing or marketing this promotion are not eligible to participate and win.
- If the user of the mobile phone (i.e. the participant in the Promotion) is not the person that is responsible for payment of the qualifying contract/existing qualifying contract, then the prize will be awarded to the person that is the account holder and responsible for payment of the qualifying contract/existing qualifying contract.
- Only participants who are using SIM cards that have been RICA registered are eligible to win the prize. Each owner of a SIM card(s) is responsible to comply with South African law by RICA registering their SIM cards.
- All information relating to the Promotion which is published on any marketing material will form part of these terms and conditions. In the event of any conflict between such marketing material and these terms and conditions, these terms and conditions shall prevail.
- The Playinc Competition is organized in partnership with Upstream Systems (the “Vodacom appointed service provider”).
- Vodacom will share personal details of the winner, such as name and contact number, physical address, bank details (to the extent required in each case) with its appointed service provider(s) assisting with the Competition to be able to organize, manage and deliver prizes for this Competition, a Vodacom approved third party agency, who will notify the winner that he / she has won in the Competition, and you hereby agree to such disclosure as is necessary to effect prize fulfilment.
- User data collected via the Competition will not be used for any other purpose than for execution of the Competition.
- We grant you permission to use the Service, in accordance with these Terms and Conditions, provided that:
- your use of the Services is only for your personal, non-commercial purposes;
- you do not copy or distribute any part of the Service in any medium;
- you do not modify or reverse engineer any part of the Service; and
- you comply with these Terms and Conditions.
- We reserve the right to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason on prior notice to you and without any liability to us.
- We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any specific features or content. In such event, We shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services, or any discontinued parts thereof
- You acknowledge that we may publish upgraded versions of the Service and these will be incorporated automatically into Playinc.
- If you are a Vodacom subscriber, you can browse the Service without incurring any data charges (browsing is zero rated). Data used for downloading, playing, and the downloading of additional features of the games to your device will be charged at standard data charges as per your existing tariff price plan.
- If you are not a Vodacom subscriber, both browsing of the Service and where applicable, initial game downloading, playing usage, and the downloading of additional features of games to your device will be charged at standard data charges as per your existing tariff price plan with your existing network provider.
- You acknowledge that from time to time, the Service’s availability may be limited due to maintenance, upgrade or other technical reasons as relevant.
- To the extent allowed by law, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied. We do not warrant that you will be able to access or use the service on any device, or any time or location, or that the service will be uninterrupted or error-free.
- You acknowledge that we may appoint third party companies and individuals to facilitate the Service (e.g. for the purposes of maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to process information for the performance of these tasks and not to disclose or use it for other purposes.
- If you are a non-Vodacom subscriber, you acknowledge that Vodacom reserves the right to offer the Service, or certain features of the Service, exclusively to Vodacom subscribers. You accept that in some cases, should you wish to access / use the Service features that are not available to non-Vodacom subscribers, you may need to become a qualifying Vodacom subscriber to do so.
- The Service includes the provision of news and videos about various games and related platforms. We maintain and own the relevant licences and rights to display and provide such content via the Service. We may not be held liable for any harm or loss of whatsoever nature arising as a result of any unintended inaccuracies or discrepancies in the content and/or the Service.
- Through the Service, we may occasionally offer you the opportunity to enter into challenges, contests, and competitions, which shall be subject to further terms and conditions or rules. By entering into such challenges, contests, and competitions, you agree to be bound by such additional terms, conditions and rules. In the event of a conflict between these Terms and Conditions and the specific rules of any such challenges, contests or competitions, the specific rules of such challenges, contests or competitions shall govern to the extent of the conflict.
- These Terms and Conditions apply to all users of the Service, including users who are also contributors of information, and other materials or services on the Services. The Service may contain third party advertisements, content, materials, and/or links to third party websites that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies or practices of any third party websites. By using our Service, you expressly release us from any and all liability arising from your use of any third party website or as a result of any third party presence on our Services.
- You agree to use the Service in good faith and in accordance with all applicable laws. Refraining from using the Service for illegal purposes, or in a manner that is contrary to any applicable laws, harms the rights and/or interests of others, or in any way damages, disables Terms, or overburdens or impairs the Service.
- You shall abstain from obtaining or attempting to obtain information, messages, graphics, pictures, sound files and / or images, photographs, recordings, software and generally any kind of material accessible using means or other than that which the Service provides.
- Additional provisions regarding Registered Users
- When creating an account on Playinc, you will be asked to submit the following personal information on Playinc to become a Registered user.
- Mobile number
- A stated username
- By registering, you agree to the following additional rules:
- Only one registration is permitted per mobile number. Vodacom and non-Vodacom (where they have the technical ability to access the service) customers within the Republic of South Africa may register to use Playnic.
- You acknowledge that the Service has certain content or features, which are locked and unavailable for access unless you register.
- Once registered to use Playinc, you give us consent to provide you with various notifications and messages about / based on your interaction with the Service. These notifications will be delivered to you in the form of text messages, in-browser or in-app notifications.
- These messages include, but are not limited to:
- periodic messages to encourage you to browse or access the Service, or inform you of various features on the Service, new or existing;
- messages inviting you to share, voluntarily, additional data about yourself or your preferences;
- messages inviting you to try alternate versions of the Service based on Our knowledge of the device you are using to access the Service;
- confirmation messages relating to your registration or deregistration for the Service, and/or when you purchase / subscribe / unsubscribe to any premium services available on the Service;
- Registered users may deregister (“quit”) at any time via the Service menu. When deregistering from the Service, you accept that your old profile and preferences will be retained for a period of 2 years for audit purposes.
- Premium Services
- Registered users are given access to various premium services, You acknowledge and accept these service require payment on a once off or subscription basis, as relevant.
- Premium services carry a recurring subscription charge, a once-off charge, or a related usage charge to any participating users.
- Subscription for the premium service and usage is voluntary and occurs via the Service menu. This charge is subject to change at our discretion. Any changes therein will be communicated to subscribed users with reasonable notice and you will be afforded the option to unsubscribe should not agree with any changes.
- Users will always be advised of the content fees payable for premium services and such users must first accept the cost prior to subscribing or purchasing.
- When using the video services, you acknowledge that the quality of the display of the content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all content is available in all formats. You are responsible for all Internet access charges.
- You acknowledge that some premium services may have a free trial period applicable for a limited time, after which the related price for that service will be chargeable to you.
- No refunds are permitted for partial use of the Service.
- If you are a non-Vodacom subscriber using the Service, we will attempt to recover any subscription fees due and payable for a period of 60 (days) from when the payment is due. After the end of the 60 day period you will not have access to the Service.
- Subscription based premium services will remain active, unless:
- You miss the applicable recurring charge for a period of 30 days,
- You unsubscribe from the applicable premium service; or
- You deregister your account in Playinc.
- We reserve the right to cancel your premium subscription(s) at any time.
- The Content(s) of the Service and the corresponding related rights, including but not limited to games, news and videos that you access, download and/or use are valuable intellectual property of their respective owners. It is strictly forbidden to transfer such Content to another device, except where the purposes of such a transfer is permitted (for example, the sharing of certain content to social media), regardless of the means or purpose of the transmission. Copying, redistribution or other use of the Content to that for which it has been offered is expressly prohibited.
- As part of the Service, from time to time, Challenges will be available to users to compete in to earn PlayCoins.
- Only registered Playinc users will be eligible to benefit from the Challenges. In some cases, you may be required to be a subscribed or paying user to participate in a particular Challenge.
- PlayCoins are awarded only for certain activities and only to the qualifying user as identified by their mobile number.
- PlayCoins are not transferable.
- We reserve the right to amend or remove specific Challenges at any time. Where applicable, you will be notified if such a change has an impact on you.
- If you deregister from the Service, all PlayCoins accumulated for a particular Challenge or season, will be forfeit.
- Certain PlayCoins will be seasonal and leaderboard will be tracked for a specified time period. At the end of that period, the season will conclude, prizes will be awarded to the applicable winners as per the rules of that specific Challenge, or season and the leaderboards will be reset.
- You agree to be bound by the additional terms, conditions and rules of the specific Challenges you choose to enter into, including the rules for how prizes are won and awarded. In the event of a conflict between these Terms and Conditions and the specific rules of any such challenges, contests or competitions, the specific rules of the Challenges shall govern to the extent of the conflict.
- The top players, as ranked by PlayCoins, will be rewarded on the basis specified in the particular Challenge. The number of players rewarded will vary based on our discretion. The PlayCoins ranking (and your own ranking within it) can be viewed on the leaderboard accessible on the Service at any time.
- Vodacom reserves the right to award a voucher as random act of kindness, as part of a competition win, promotional trial from our retail channel, or as a reward from Shake Every Day / Just 4 You / Vodacom Loyalty & Rewards. No vouchers will be purchased available to be purchased. Vouchers are only valid on purchases made in South Africa from Playinc.
- You will be required to register a Playinc account in order to use a voucher.
- Vouchers are not redeemable for cash or resale and are not refundable.
- Where vouchers have been assigned to a specific mobile number, vouchers are not transferable to another mobile number.
- We are not responsible for any loss or damage resulting from lost or stolen vouchers or use without permission.
- Unless otherwise specified, vouchers are valid for a period of 3 months from date of activation.
- All rights, title and interest in and to the Service including, but not limited to, any games, titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation are owned by us, or the respective third party service owner. We reserve all rights, including, but not limited to, all intellectual property rights or other proprietary rights, in connection with the Service.
- We own, have licensed, or otherwise have rights to use, or provide all of the games that appear in the Service.
- For certain content such as drawings, designs, sounds, videos, texts, photographs, news articles etc. you acknowledge that we do not have full ownership of these elements nor do we own all of the development information contained therein, therefore some of this content may not be accurate or updated. We are therefore not responsible for any information or content obtained from linked sites.
- By using the Service, you acknowledge and agree that we do not control and do not guarantee the absence of viruses in the content of the linked sites, nor the absence of other elements that could produce alterations in computer systems or electronic documents and files stored on computer systems.
- By using the Service, you acknowledge and agree that Vodacom, and its subsidiaries, third party partners and/or affiliates, are excluded from any liability that may be caused by unauthorized use of trademarks or other intellectual property rights by or on linked sites. Similarly, any references made on this page to any product, service, process, linked site, hypertext or any other information on which brands and/or domains signs, trade names or names used in manufacturing, supplier, etc. that are owned by others, at no time constitute or imply endorsement or recommendation by us, our subsidiaries, third party partners and/or affiliates.
- Your Obligations and Entitlements
- In addition to the rules set out in these Terms and Conditions, your registered use of the Service and any features allowing interaction with the Service is subject to the following guidelines:
- You may not post, transmit, link to or otherwise distribute falsehoods or misrepresentations that could damage us or any third party.
- You may not to post, transmit, link to or otherwise distribute any material that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, violate the legal rights of any person (including publicity or privacy rights) or is otherwise inappropriate or would restrict or inhibit any other user from using or enjoying the Services.
- You may not post, transmit, link to or otherwise distribute material that exploits people under the age of 18 in a sexual or violent manner, solicits personal information from anyone under the age of 18, provides information about illegal activities, such as making or buying illegal weapons, violates someone’s privacy, or provides information relating to the creation of computer viruses or other harmful or disruptive components. You also agree not to post, transmit, link to or otherwise distribute in any way information, software or other material that infringes the intellectual property rights of any party.
- You may not impersonate or falsely suggest your association with another person, or submit materials in another person’s name.
- You may not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service.
- You may not solicit or attempt to solicit personal information from other users of the Service or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
- You may not attempt to gain unauthorized access to the Service, or Registered accounts using the Service, or the computers, servers, or networks connected to the Service by any means other than the user interface provided, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- You may not using the Service for purposes or effects contrary to law.
- You may not reproduce or copy, distribute, allow public access through any means of public communication, transform or modify the Service, unless you have obtained the authorization of the corresponding rights or it is legally permitted.
- You may not remove, ignore or manipulate the "copyright" and other data identifying our rights in the Service.
- You may not use the contents and information of any kind obtained through the Service to send advertising, communications for direct marketing purposes or any other commercial purpose, unsolicited messages addressed a plurality of people regardless of their purpose, and to refrain from selling or otherwise disclosing such information.
- You may not violate in any way the rights of intellectual property pertaining to Us or our third party partners whose contents are found in the Service.
- Vodacom assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.
- Your use of the Service is at your own risk.
- You hereby grant to Vodacom an irrevocable, perpetual, transferable, fully paid-up, royalty-free, license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Us the right to authorize others to exercise any of the rights granted to Us under these Terms and Conditions.
- Limitation of Liability
- You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or services linked to these services and assume no liability or responsibility for any
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage of any nature whatsoever resulting from your access to and use of the services;
- any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from the services;
- any bugs, viruses, trojan horses or the like which may be transmitted to or through the services by any third party; or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
- To the extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, damages (including negligence), strict liability or otherwise, arising out of the use of or inability to use these services or its content, or any product or service described or provided through the services.
- Save to the extent permitted by law, you agree to indemnify, defend and hold harmless Vodacom from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to:
- any use or alleged use of the Service by any other person, whether or not authorized by you;
- your breach of these Terms and Conditions, including any breach of your representations and warranties herein; and
- your violation of any law or
- your use of or inability to use the Service, the contents, any hyperlinked website, and any of the products and services made available on the Service thereof.
- Privacy and data protection
- To access and use the Service you must be 18 (eighteen) years of age or older.
- How to opt-out
- If you want to opt out of Playinc service and content notifications, alerts or messages, use the Service menu to navigate to your profile to manage your notification settings.
- Please note you may not opt out of system messages.
- You can choose to opt out of partner communications specifically by sending a sms with STOP to 30881.