Terms & Conditions

MTN MPULSE TERMS OF SERVICE
  1. Definition
    This General Terms of Service (this “TOS”), as may be modified or amended periodically by MTN Nigeria Communications Plc. (“MTN”) is a legally binding agreement made by and between MTN and the subscribers that opt for the mPulse services. The following terms shall have the meanings as set out hereunder:
    1. “User/Subscribers/ “You” or “Your” means MTN’s Subscribers duly registered on MTN Network and or legal entity using the MTN mPulse services .
    2. “Service” means mPulse services as represented in the website and under this TOS
  2. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, MTN DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY MTN, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.

  3. GRANT OF RIGHTS
    Subject to Your compliance with the terms and conditions of this TOS, MTN grants You a limited, non-exclusive right to use the Services, and any content and materials made available to You in connection with Your use of the Service.
  4. TERMINATION
    1. You may stop using the Services at any time and MTN may terminate Your access to the Services in whole or in part if it reasonably believes You have breached this TOS, or any other related terms, guidelines or policies.
    2. Following termination in 4.1 above, You will not be permitted to use the Services.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. Using the Services does not give You ownership of or any rights to any materials or content that may be provided to You in connection with Your use of the Services, all of which is owned by MTN, its licensors, or other entities, and is protected by copyright and other intellectual property rights.
    2. Except as expressly set forth in this TOS, You may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to You in connection with Your use of the Services, without express permission from the owner of such content or MTN (as may be applicable).
    3. Using the Services does not give You any rights to use any trademarks, service marks, trade dress, trade names, or the likes, without express permission from the owner of such content.
  6. PROHIBITED CONDUCT
    1. You may use the Services and any materials or content made available to You in connection with Your use of the Services only as expressly permitted under this TOS and only in a manner that does not interfere with MTN’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services, or any Law.
    2. You represent and warrant that You will not post any of the following:
      1. Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
      2. Unauthorised use of the Service and breach of the TOS will give MTN a right to a claim for damages and/or institute a legal action
    3. If You see objectionable content in the course of Your use of the Services, You must report such content to MTN by contacting MTN customer service or through any other applicable reporting means as provided through the Services. MTN reserves the right to address such requests in any manner in its sole discretion.
    4. You are responsible for the safety of Your account and Your password. You will immediately notify MTN if You become aware of any unauthorised use of, or access to the Service through Your account, including any unauthorised use of Your password or account.
  7. CHANGES TO TERMS
    1. MTN may change or discontinue any of the Services at any time without notice or liability to You or any third party.
    2. Subject to 7.1 above, MTN also reserves the right to change these terms and conditions at any time without notice.
    3. MTN may periodically modify and supplement these TOS, with or without notice to You. You are responsible for regularly checking these TOS for updates revisions.
    4. By accepting these Terms and Conditions, You will be deemed to have accepted these and any varied terms and conditions.
  8. PLAYLIST
    1. Whilst Youtube playlists are accessible via the Service, MTN shall not be liable for Your use of the video content accessed on Youtube.
    2. In addition to these TOS, You shall be subject to and agree to comply with the Youtube terms and conditions in accessing the Youtube playlists. Youtube’s terms and conditions can be accessed via the following link: https://www.youtube.com/static?template=terms.
  9. CONFIDENTIALITY/PRIVACY POLICY
    You agree that MTN may collect, use, and share Your information in accordance with MTN’s Privacy Policy.
  10. FEEDBACK
    If You submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to MTN, You agree that such information is non-confidential and MTN can use or publish such feedback for any reason, without any payment entitlement/compensation to You. Please do not submit any feedback to MTN with compensation expectation as MTN will not be granting such rights.
  11. OPPORTUNITIES FOR YOU
    1. By participating in any competition(s) or event(s) or learning resource(s) via the Service, You agree to comply with the terms and conditions of such competition(s) or event(s) or learning resource(s).
    2. Where such competition(s) or event(s) or learning resource(s) is provided by a party other than MTN (a ”Third Party”),MTN shall not be liable for any information supplied by you to such Third Party for and MTN shall not be held liable for such Third Party’s use of the information provided.
  12. HYPER-LINKS
    1. This site may be hyper-linked to other sites which are not maintained by, or related to, MTN.
    2. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or MTN. MTN has not reviewed any or all of such sites and is not responsible for the content of those sites.
    3. Hyper-links are to be accessed at the User’s own risk, and MTN makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this site.
    4. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by MTN of that site.
  13. SUBMISSIONS
    1. You hereby grant to MTN the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to MTN through this site (together, the ‘‘Submission’’), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
    2. MTN will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MTN operations. MTN will treat any personal information that you submit through this site in accordance with stipulated conditions in its Privacy Policy.
  14. WEBSITE/CONTENT
    1. You understand that MTN cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. MTN does not assume any responsibility or risk for your use of the Internet.
    2. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by MTN. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
    3. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and MTN does not undertake any obligation to update such information
  15. DISCLAIMERS, EXCLUSIONS, LIMITATIONS
    1. Disclaimer of Warranties
      1. MTN PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MTN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.
      2. MTN MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. MTN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS OR INFORMATION WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE.
    2. Exclusion of Damages.
      MTN will not be liable to You or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the services.
    3. Limitation of liability.
      1. In no event will the aggregate liability of MTN arising from, relating to, or in connection with this TOS or the Services exceed the amount that You paid MTN for Your use of the services.
      2. Except as may be specifically provided in this Agreement, neither party shall be liable to the other for any type of special, indirect and/or consequential losses or damages arising under statutory or common law, including but not limited to loss of profits, loss of business opportunities, loss of income, loss of use, loss of goodwill, loss of revenue or third party claims.
    4. Indemnity
      You agree to indemnify, defend and hold MTN and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any provision of this TOS or (ii) arising from, related to, or connected with Your use of the Services.
  16. GOVERNING LAW
    This TOS shall be governed in accordance with the Laws of the Federal Republic of Nigeria.
  17. GENERAL
    User Generated Content Terms
    IF YOU USE THE SERVICES TO SUBMIT OR GENERATE CONTENT, THEN IN ADDITION TO THE PROVISIONS OF THE GENERAL TERMS OF SERVICE, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOU. SUCH CONTENT IS REFERRED TO BELOW AS “USER GENERATEDCONTENT.”
  1. MTN reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at MTN’s sole and absolute discretion. You represent and warrant that you will not post any of the following:
    1. Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
    2. Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
    3. Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
    4. Individual information of other Users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
    5. Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
    6. Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
    7. Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
    8. Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by MTN in its sole discretion;
    9. Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
    10. Content that violates any standards or policies of MTN as determined by MTN in its sole discretion;
    11. Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
    12. Content that is not legible, that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
    13. Content that is intended to annoy, harass or anger other users, (e.g., “trolling”).
  2. If You see objectionable content in the course of Your use of the Services, You may report such content to MTN by contacting MTN customer service or through any other applicable reporting means as provided through the Services. MTN reserves the right to address such requests in any manner in its sole discretion.
  3. By contributing content to the site, You automatically grant MTN an irrevocable and perpetual, non-exclusive, transferable, fully-paid, royalty-free worldwide license, by ourselves or with others to use, copy, distribute, publicly perform, publicly display, print, publish, reformat, translate, modify, revise and incorporate into other works, in any form of media or expression.
  4. You also represent that, You own all intellectual property in any content You contribute. You must not upload, submit or contribute any content not originally created by You, or any content which is not properly licensed to You for uploading, submitting or contributing.


Copyright © 2020 MTN Nigeria Communications Plc.


All rights reserved.
TERMS AND CONDITIONS FOR MTN mPulse SPELLING BEE
  1. Definitions
    The following terms will have the specific meanings assigned to them in these “Terms and Conditions”:
    1. “The Contest/Competition” means the nation-wide spelling bee competition on the mPulse website dubbed “MTN mPulse Spelling Bee” promoted by MTN Nigeria Communications PLC (“MTN”);
    2. “Contest Website” means mtnonline.com/mpulse where Participants are required to follow the instructions on the competition announcement page in order to participate in the spelling bee;
    3. “Entrant/Participant/ Applicant/Speller/Contestant” means a person who is permitted by these Terms and Conditions to participate in the spelling bee and submits an entry following the roles displayed on the Contest Website.
    4. “First Entry Period” - refers to the duration of the first round of the mPulse spelling bee competition; Round 1, which is anticipated to run for the period of twenty four (24) days from 19th October to 11th November, 2020.
    5. “Time” means Nigerian local time, as observed in Lagos, Nigeria. To clarify, all time references in these Terms and Conditions are referring to GMT+1;
    6. “Terms and Conditions” or “T&Cs” means these Terms and Conditions, including all the annexes and amendments thereof;
    7. “Second Entry Period” - refers to the duration of the second round of the mPulse spelling bee competition; Round 2, which is anticipated to run for the period of seven (7) days from 16th – 22nd November, 2020;
    8. “Winners” means the winners of the MTN mPulse Spelling Bee Competition selected after the three (3) rounds of the competition and after verification and validation by MTN.
  2. GENERAL INFORMATION ON THE CONTEST
  3. The Contest
    1. The Contest shall comprise three (3) rounds and the first and second rounds will be done online within the First Entry Period and the Second Entry Period, on the Contest Website, details of which will be published by MTN;
    2. All eligible Spellers can enter for the first round of the Contest via the Contest Website during the first entry period.
    3. All Spellers will be required to register as students on the Contest Website in order to participate in the Contest.
    4. The mobile number with which each Speller registered on the Contest Website must be on the mPulse tariff plan in order to participate in the Contest.
    5. All Spellers will be required to update and complete their student profile (including profile picture) and link their mobile numbers with that of their parents in order to participate in the contest. Outdated or incomplete student profile can lead to instant disqualification from the Competition.
    6. Each Speller will be required to spell ten (10) words for the first round of the Contest.
    7. Entries received after the close of the first entry period shall not be eligible for the second round of the Contest.
    8. The top one (1,000) thousand Spellers from the first round shall be invited to the second round of the Contest.
    9. Only Spellers invited for the second round of the Contest (identified via their MTN phone number registered on the Contest Website) will be able to access the portal during the Second Entry Period.
    10. Entries received after the close of the Second Entry Period shall not be eligible for the grand finale of the Contest.
    11. Pictures of Contestants will be taken at intervals via Participant’s device camera when participating in the Contest. By entering the Contest, you agree to have your picture taken and be used for any purposes by MTN, including subsequent verification.
    12. The top 20 verified Spellers shall be eligible for the grand finale of the Contest; while verification is solely at the discretion of MTN.
    13. MTN via its designated personnel may ask you to provide documentary proof of your identity and/or address and/or school before confirmation of eligibility for the next round or grand finale. The use of any false information (name, address, school, picture, principal’s name and contact phone number, teacher’s name and contact phone number, parent’s name and contact phone number, etc.) will disqualify you from further participating in the competition or receiving any prize.
  4. Online Entry (First and Second Rounds)
    1. The first round of the Contest, being the First Entry Period, is anticipated to begin on 19th October, 2020 and will end on 11th  November, 2020. After this set dates of the First Round, no further entries for the Contest will be permitted;
    2. All entries for the First Entry Period must be received latest by 11:59 pm on 11th November, 2020. Only entries that are doly received by MTN before the closing time will be eligible for consideration for the second round;
    3. Only the top one (1,000) thousand Spellers from the First Entry Period will be granted access to enter for the Second Entry Period;
    4. The Second Entry Period is anticipated to begin on 16th, November, 2020 and will end on 22nd November, 2020. After the set dates of the Second Round, no further entries for the Contest will be permitted;
    5. All entries for the Second Entry Period must be received latest by 11:59 pm on 22nd November, 2020. Only entries that are doly received by MTN before the closing time will be eligible for consideration for the grand finale;
    6. MTN shall not be liable for entries that are lost, delayed or damaged and you accept that proof of sending an entry is not proof that we received it;
    7. Entries must be submitted only through the designated section on the Contest Website;
    8. MTN will not be liable for any liability arising from non-compliance with these terms and conditions and Entrants agree to indemnify MTN against any claim by any third party from any breach of these terms and conditions by the Entrants;
    9. Entries must not contain defamatory, obscene, offensive, or any other unsuitable material; MTN reserves the right to disqualify entries containing such content.
  5. Grand Finale
    1. The grand finale shall be the third (3) and final round which will take place on the 5th December, 2020;
    2. The verified top twenty (20) Spellers from the second round of the Contest shall be eligible to participate in the grand finale;
    3. By entering this Contest, you agree to be available if invited for the grand finale, no replacement shall be considered, and this shall hold via an online live session with all Participants present;
    4. The Competition will be oral; Contestants must spell the words orally and the use of pens and/or pencils and paper will not be allowed;
    5. Contestants may pronounce their words before spelling them, after spelling them, or not at all;
    6. Once a Contestant has begun to spell a word, he or she may not ask for a word to be re-pronounced, defined or used in a sentence. Also, having started to spell a word, a Contestant will not be given any opportunity to change letters already pronounced. A Speller may retrace provided that letters and their sequence are not changed in retracing. Apostrophes and other punctuation are not required;
    7. If a word taken is unclear to a Contestant, he or she may ask for the word to be re-pronounced, but will not be given a definition or a sentence, unless the word is a homophone in which case the pronouncer must give the definition and an example sentence without being asked. The Contestant must give the spelling of the word as defined, not a homophone of the word;
    8. If a word has more than one acceptable spelling, all spellings of that word in the English Oxford Dictionary will be accepted;
    9. Officials may disqualify any Contestant who ignores a request to start spelling his or her word within a reasonable length of time. Also, a Speller whose spelling of a word is not audible to the officials may have his or her spelling roled incorrect;
    10. When a Speller misspells a word, the Speller will be eliminated from the Competition and no other Contestant will spell same word at that relevant time;
    11. During the grand finale, apart from the official break periods, every Participant must be seated with face (and hands) visible throughout the period they are participating in the Competition. Any breach of this will lead to instant disqualification from the Competition;
    12. A Speller will be given a particolar time frame to answer the questions, maybe 30 seconds/1 minute to spell the word and will get disqualified if they don't spell the word or complete the spelling within the time frame. 
  6. The Prizes
    1. The prize for the Winners may include scholarship grant, winner’s trophy, laptop, smartphone, mPulse goody bag which may include mPulse school bag, mPulse t-shirt, mPulse head phone, mPulse math set, mPulse notebook, mPulse pen, mPulse hand fan, mPulse bubble sticker, mPulse drawstring bag, etc.;
    2. Every Winner will be required to collect their prize at the grand finale or as maybe communicated by MTN for Winners to pick up their prize;
    3. Winners shall be responsible for promptly picking up prizes won and all incidental costs thereto ;
    4. Winners will be required to have their pictures taken or images video-recorded and these pictures may be published online or through any other medium or forum that MTN desires. By entering for this Competition, you and your parents/guardians agree to have your pictures taken and/or images recorded for publication by MTN or any of its third-party partners.
  7. Eligibility
    The Speller/Participant represents and warrants that:
    1. I am aware that the Contest is open to only students (both boys and girls) in primary and secondary schools (public and private) in Nigeria who are between the ages of Nine (9) and Fifteen (15) years old. I am eligible to participate in the Contest and my parents and/or guardians have consented to my participation in the Contest.
    2. I am not more than Fifteen (15) years of age by the start of the competition as at 19th October, 2020.
    3. I am not an employee or contractor of MTN, their respective affiliated companies, subsidiaries, advertising or promotions agencies, and other agents. I am not related or affiliated to any of the foregoing categories of persons or entities; neither am I an immediate family member of these persons or entities or those living in their households.
    4. In entering the Competition, I confirm that I am eligible to do so, having foll consent and permission of my parents and/or guardians, and also eligible to claim any prize I may win.
    5. Furthermore, I agree that:
    6. MTN may require me, at various stages of the Competition, to provide proof that I am eligible to enter the Competition.
    7. Only one entry per person is permitted. Entries via third parties and automated entries are not permitted.
    8. Applications are free and not on sale.
    9. As a Speller, I must not previously have been declared champion or runners-up of the MTN sponsored Lagos State Private Schools Spelling Bee 2019.
    10. Entries not submitted in accordance with these terms and conditions, as well as all other roles and directions given by MTN, or entries that are incomplete or illegible (as determined in MTN’s sole discretion) will be disqualified.
    11. MTN reserves the right to disqualify any Speller, prior to or during Competition, who is not in compliance with any of the above Eligibility requirements above. MTN may, at its discretion or at any time between the conclusion of the commencement of the 2020 MTN mPulse Spelling Bee and 31st December, 2020, require any Speller who is found to have not been in compliance with any of the Eligibility requirements to forfeit any prizes, rank and other benefits accorded to the Speller as a resolt of participation in the 2020 MTN mPulse National Spelling Bee.
  8. Intellectual Property Rights
    1. By accepting the terms and conditions, all Participants and Winners 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 any moral rights;
    2. Additionally, all Participants and Winners accept that MTN possesses all rights over uploaded pictures and video recordings and hereby indemnifies and holds MTN harmless against any claim, damages, loss or liability, howsoever arising in connection with the uploaded pictures or videos. Furthermore, I accept that MTN and any other MTN product or Contest name are trademarks of MTN and Entrants shall not be entitled to reproduce such marks (other than to the extent required for personal participation in the Contest) without MTN’s prior written consent.
  9. Confidentiality of Participant information
    1. MTN may use any personal information or data that was provided in the cause of this entries subject to the relevant extant provision and in accordance with MTN privacy policy at https://mPulse.mtnonline.com/home/privacy, for the purposes of the Contest, in the ways described in these terms and conditions, and for any marketing or other purposes.
    2. MTN may also share your details with its service providers and agents for the purposes of providing prizes on its behalf, and any sponsors or other partners involved in this Contest.
    3. For further questions or concerns about the use of your personal information, please contact us by email at mtn.mpulse@mtn.com
  10. Limitation of Liability
    1. Entrants agree that MTN shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential losses) 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 Contest.
    2. By participating in the Contest, Entrants agree that:
      1. any and all disputes, claims, and causes of action arising out of or in connection with the Contest, 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.
      2. any claims, judgments and awards shall be limited to actual costs associated with participating in the Contest, but in no event will MTN be liable for attorneys’ fees; and
      3. Entrants hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages moltiplied or otherwise increased and any other damages, other than actual costs associated with participating in the Contest.
    3. 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 unauthorized access to the Contest.
  11. Dispute Resolution
    1. In the event of a dispute or difference between the Entrants and MTN (the Parties) in connection with or in relation to these Terms and Conditions or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particolars 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”.
    2. If the dispute is not resolved by formal negotiation as stated in Clause 10.1 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 equivalent accredited mediator to be appointed by the Parties. The Lagos Molti Door Court House Model Procedure Roles 2007 shall apply. For the avoidance of doubt, in the event that the Parties are unable to agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated in clause 10.3.
    3. If the dispute is still not resolved after fourteen (14) business days of its being referred to mediation as specified in Clause 10.2, 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.
  12. General
    1. MTN shall not be liable for any damage, loss of expectation or any other losses or disappointment suffered by you taking part or not being able to take part in this Contest, or from being unable to claim your prize.
    2. Insofar as is permitted by law, MTN, its agents or distributors will not in any circumstances be responsible or liable to compensate any Participant or a Winner or accept any liability for any loss, damage, personal injury or death occurring as a resolt of taking up a prize except where it is caused by the gross negligence of MTN, its agents or distributors or that of their employees. Your statutory rights are not affected.
    3. In the event of unforeseen circumstances, MTN may alter, amend these terms and conditions or foreclose the Contest, without prior notice. MTN reserves the right to change these terms and conditions at any time, without prior notice.
    4. By participating or continuing to participate in this Contest, Entrants will be deemed to have accepted these and any varied terms and conditions which will be posted on the Contest Website at any point in time.
    5. These terms are governed by Nigerian law and all Entrants are bound by/and submit to the jurisdiction of Nigerian courts.
By participating in this Contest, I agree to be bound by these Terms and Conditions and confirm that I meet all eligibility requirements listed herein. By participating in the Contest, I agree that the decisions of MTN are final and binding on all matters pertaining to this Contest.
Name of the Applicant:
Signature:
Date:
Copyright © 2020 MTN Nigeria Communications Plc.
All rights reserved.
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