TERMS AND CONDITIONS FOR THE MTN MPULSE PLANET EVENT
In these Terms and Conditions the following terms shall have the meanings as set out hereunder:
- Access Period: means the duration for the access of the Website beginning from 8am, 1st August, 2019 until 23rd August, 2019 or an earlier date once the required number of registrations has been achieved.
- Agreement: means these Terms and Conditions, including all amendments thereof.
- Attendee: means a person who successfully pre-registers on the Website for the Event in accordance with these Terms and Conditions.
- Event: means the MTN mPulse Planet, as developed by MTN as an experiential summer event to bring together tweens and teens to reinforce the elements and benefits of the proposition in an exciting, educative and entertaining way; including certified classes on robotics, artificial intelligence, mobile application development, product design as well as cognitive skill building games.
- Time: means Nigerian local time, as observed in Lagos, Nigeria. For clarity, all references to time in this Agreement refers to GMT+1.
- Website: means the mPulse website mtnonline.com/mPulsePlanet, where attendees of the Event shall visit to pre-register for the Event.
- Binding Agreement: In order to participate in the Event, the Attendee must agree to these terms and conditions (“Terms”). The Attendee agrees that participation in the Event constitutes an acceptance of these Terms. These Terms form a binding legal agreement between the Attendee and MTN with respect to the Event. All requirements within these Terms will be strictly enforced.
- Entry Requirements
- Entry at the mPulse planet event is FREE. However, pre-registration is required as there will be NO registration on site. Anyone who did not pre-register will not be allowed into the venue, including nannies, parents and guardians.
- Parents/guardians are expected to register their children/wards for the event online and are responsible for their safety at the event.
- Registration allows for only 1 parent/guardian to be able to register and come with up to 4 children.
- On the day of the event, each parent/child will be required to present a registration confirmation email/image that contains a unique barcode as evidence of registration. The barcode will then be scanned by the event ushers and confirmed before they are allowed into the venue.
Entries are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, or late submission. MTN reserves the right, in its sole discretion, to disqualify an Attendee at its discretion.
- Intellectual Property Rights
- By accepting the terms and conditions, Attendees confirm that their images and all content they feature in, can be used on all MTN social media, any social media platform and traditional media channels (Publicity and post event leveraging) without further notice, compensation, consideration, review, or consent, and without regard to moral rights;
- Additionally, Attendees accept that MTN possesses all rights over uploaded pictures and hereby indemnify and hold MTN harmless against any claim, loss or liability, howsoever arising in connection with the uploaded pictures;
- Any participation in the Event is entirely at the Attendees’ own risk and under no circumstance shall MTN be liable for any direct, indirect, incidental or consequential damages; including without limitation to loss of income, data or other information as a result of the use of or inability to use the uploaded content or information;
3.4 The Event and features within the Event may also be protected by intellectual property rights belonging to MTN or to our licensors. No licence is granted to the Attendees in respect of any such rights, except to the extent required for Attendee’s personal use of the content produced during the Event in accordance with this Terms and Conditions.
3.5 MTN and any other MTN product or Event name are trademarks of MTN and Attendees shall not be entitled to reproduce such marks (other than to the extent required for personal use of the Event) without MTN’s prior written consent.
The Attendees agree that personal data entered during the registration, including name, mailing address, phone number, and email address may be processed, stored, shared and otherwise used for the purposes and within the context of the Event. The Attendees also understand that this data may be used by MTN in order to verify the Attendees’ identity, and telephone number for the purpose of Event. Where an Attendee does not provide the data required as requested by MTN, such Attendee’s entry will be ineligible.
- Assignment of Ownership
All rights, title and interest in all their images and all content they feature in, including but not limited to all registerable and patent rights which may subsist therein are hereby assigned by the Attendees to MTN and shall be held and owned solely by MTN or any other third party who has proprietary interest as MTN may notify and direct.
- General Release
By attending the Event, the Attendees releases and holds harmless MTN, any other Event sponsors, and each of their respective affiliated companies, partner brands, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Event or with the acceptance, possession or use of the prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
- Website: MTN and its affiliates are not responsible for any malfunction of the entire Website or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the Contest, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Your ability to participate.
- Limitation of Liability
- Attendees agrees that MTN shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury, loss or damage suffered or sustained (even caused by negligence) in connection with accepting or using a prize or participating in this Event.
- By attending the Event, Attendees agree that:
- any and all disputes, claims, and causes of action arising out of or in connection with the Event, shall be resolved individually without resort to any form of class action, and resolution shall be in accordance with the dispute resolution provisions contained in this terms and conditions.
- any claims, judgments and awards shall be limited to costs associated with attending for the Event, but in no event attorneys’ fees; and
- Attendees hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual costs associated with attending the Event.
- MTN assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; or theft, destruction of, alteration or unauthorised access to the Event.
- Governing Law and Dispute Resolution
- In the event of a dispute or difference between the Attendees and MTN ( the Parties) in connection with or in relation to this Agreement or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particulars of the dispute (the Notice of Dispute) to the other party. The Parties each agree to appoint a representative at senior management level and to cause their respective representatives to meet as soon as possible, in an effort to resolve the dispute amicably, in good faith and with absolute fair play. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.
- If the dispute is not resolved by formal negotiation as stated in Clause 7.1 within fourteen (14) business days of the Notice of Dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other accredited equivalent mediator to be appointed by the If the Parties do not agree, MTN shall appoint a mediator. The Lagos Multi Door Court House Model Procedure Rules 2007 shall apply.
- If the dispute is still not resolved after fourteen (14) business days of its being referred to mediation as specified in Clause 7.2, each party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement, its subject matter or formation.
- These Terms and Conditions shall be governed by the laws of the Federal Republic of Nigeria and shall be subject to the jurisdiction of the Nigerian Courts.
- MTN is NOT responsible for any damage or theft which may occur to any property of the Attendees during the Event. It is the responsibility of the Attendee to ensure the safety of its properties and immediate environs of the Event.
- Subject to the foregoing, MTN reserves the right to change these terms and conditions at any time without notice. By continuing to participate in the Event, Attendees will be deemed to have accepted these and any varied terms and conditions which will be posted on the Event.
- No sales of any products or services can take place between Attendees during the Event. No monetary transactions may take place during the Event between Attendees. This clause shall not apply to MTN and partnering vendors and organisations.
By attending this Event, I agree to be bound by these Terms and Conditions and confirm that I meet all eligibility requirements listed herein. By registering for the Event, I agree that the decisions of MTN are final and binding on all matters pertaining to this Event.