KaBoom Promo Terms and Conditions
A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which GameZBoost Proprietary Limited ("GMZBST") referred to as the ("Promoter") and Telkom VS Gaming ("Telkom") referred to as the ("Sponsor") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoter and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoter may also have claims and other rights against you.
B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
C. Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.
SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE CLAUSES 2,3,4 5,6,7,8,9,10 AND 11
GMZBST will offer customers who subscribe to the GameZBoost promotions and tournaments over the course of the promotional period exciting prizes, please refer to https://www.kaboom.co.za/tournaments for details (“the Promotional Offer”).
2 Duration “Promotional Period”)
2.1 The Promotional Offer is available on the following dates:
2.1.1 Start Date: as per the details on the KaBoom.co.za tournament info page.
2.1.2 End Date: as per the details on the KaBoom.co.za tournament info page.
2.1.3 The Tournament Info page can be viewed at https://www.kaboom.co.za/tournaments
3 Who is Eligible?
Entrants need to:
3.1 Be a KaBoom.co.za registered user with an active subscription / membership;
3.2 be a South African citizen;
3.3 be residing in South Africa;
3.4 be a natural person;
3.5 be 18 years or older;
3.6 Be an Telkom subscriber (PayAsYouGo, TopUp or Contract); and
3.7 Be subscribed to the KaBoom.co.za games service, which subscription costs R3 per day;
3.8 have not won a prize in any GMZBST hosted tournament in the past 12 months, the period is determined from the date that the tournament ends;
3.9 Participation in this Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoter/s, sponsors or marketing service providers of this Competition, (and the spouses, life partners, immediate family members or business partners of the people or entities listed above. This means:
3.9.1 the Promoter/s;
3.9.2 the Sponsorer/s;
3.9.3 supplier/s of goods and or services in terms of this Competition; and
3.9.4 promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Competition Period.
4.1 Winner: as per the details on the KaBoom.co.za tournament info page;
4.2 Runner-Up: as per the details on the KaBoom.co.za tournament info page;
4.3 3rd Place: as per the details on the KaBoom.co.za tournament info page;
4.4 The winner will need to provide identification and confirmed address details to receive the prize; and
4.5 Only 1 1st prize may be won by any single person, in the Telkom VS Gaming Challenge monthly qualifying rounds, this will be confirmed once the winners provide identification documentation;
4.6 NB! Non cash prizes will be shipped to the winners closest Postnet branch;
4.2 General Prize Terms and Conditions:
4.2.1 In so far as it is necessary, required by law or beyond the reasonable control of the Promoter/s, the Promoter/s reserves the right to vary the nature of the Competition, the Prize, or these terms and conditions upon notice in this regard being published on www.KaBoom.co.za or in another appropriate medium. In the event that the Prize is limited or varied in this manner, the Promoter/s shall replace the Prize with a prize of a similar economic value.
4.2.2 With regard to clause 3 above, any amended terms and conditions published in any media, or on the KaBoom website www.kaboom.co.za will form part of the terms and conditions of the Competition, to which terms the entrants agree to be bound, once so published.
4.2.3 Winners shall be contacted on the cell phone number/via the medium used to enter the Competition or in terms of any contact details supplied by the winner when entering the Competition. The Promoter/s shall attempt to contact the winner for a period of 1 (one) week after his or her name is drawn as a winner. In the event that the winner is either uncontactable (during the time frames stipulated in this clause 6.4) or in the event that the winner rejects, or declines acceptance of the Prize, the Prize shall be subject to a new draw.
4.2.4 Further, should contact have been made by the Promoter with the winner after they have won a Prize and the winner is thereafter uncontactable for the purposes of delivery of the prize. The Promoter/s shall attempt to contact the winner for a period of 2 (two) days and if the winner is uncontactable, the Prize will be subject to a new draw.
4.2.5 The Prize is not transferable and is not exchangeable for another prize.
4.2.6 The decision of the Promoter in respect of disputes arising out of this Competition shall be dealt with by the Promoter in terms of these terms and conditions. The decision of the Promoter in this regard shall be final and shall conform to all requirements as stipulated by the Consumer Protection Act.
4.2.7 Winners are only entitled to win 1 (one) Prize each.
4.2.8 The Promoter/s reserve the right to withhold the Prize until it is entirely satisfied that the claimant of the Prize is the bona fide winner, and reserves the right to call for such proof as it may deem necessary.
4.2.9 The Promoter/s shall request that winners consent in writing to their name, image and likeness being used and published by the Promoter/s in connection with this Competition for a period of 12 (twelve) months after they are announced as winners. Winners may decline the use of their name, likeness and image by the Promoter/s.
4.2.10 By entering the Competition all entrants give their consent to receive various marketing and promotional material from the Promoter/s. Entrants will be provided with an opportunity to “Opt Out” of receiving such communications, which may be via the relevant medium that such marketing communication was received.
4.2.11 Winners agree that it is an express condition of the Competition that in order to be eligible to redeem the Prize, the winner shall be required to sign the appropriate acknowledgement of receipt of the Prize, as well as an indemnity and/or waiver of liability as reflected in these terms.
4.2.12 Entrants acknowledge and accept that where applicable monetary prizes will be transferred electronically into their designated bank account via EFT.
4.2.13 The winning entrant that wins any of the prizes in the GameZBoost promotions and tournament agrees that he / she is not eligible to WIN another prize in any draws within a 12 month period.
4.2.14 The Sponsor (Telkom VS Gaming) will invite the subscribers who are the qualifiying round winners to be physically present at the Live Grand Finale tournament hosted at Comic Con Africa from 24 to 27 September 2020. Should the winner not be physically present at the Live Grand Finale tournament after accepting the invite, they will have forfeited any prize money or chance to compete in the live tournament stages, hosted at Comic Con Africa.
5 Subscribers must play the following games to qualify for the tournament rounds
5.1 Tournament Game - as per the game that is displayed on the tournament KaBoom.co.za tournament info page.
6 Subscribing to the KaBoom Service:
6.1 To Subscribe to the KaBoom Service a User must go onto the KaBoom website https://www.kaboom.co.za and then click on the “Join now / Register” links / buttons and complete the subscription process from their Telkom enabled device.
7.1 Customers may cancel subscription to the Kaboom service by Calling 180 from the Telkom handset.
8 Modification of Terms and Conditions
8.1 GMZBST reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotional Offer, by publishing the update terms and conditions on the www.KaBoom.co.za website.
8.2 See www.KaBoom.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the abovementioned website or elsewhere in any media.
8.3 GMZBST reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. GMZBST will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify GMZBST against any damage or loss you may sustain as a result of possession and/or use of the mobile network services, or any error, delay, failure or non-availability of any of the network services. Visit www.KaBoom.co.za regularly for notice, updates and/or changes to services.
8.4 GMZBST reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
8.5 As changes will be posted on www.KaBoom.co.za, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.
9 Limitation of Liability
9.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 10.2 and 10.3 below, GMZBST and Telkom will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):
9.2 if GMZBST or Telkom does not supply or deliver any device or network access on the required date or time; or
9.3 If the network services are interrupted, suspended, or cancelled, for whatever reason; or
9.4 if the loss or damage was caused by any negligent act or failure to act by GMZBST or Telkom, its employees or agents; or
9.5 as a result of the use of any device supplied to you by any network provider relating to this service.
9.6 Clause 11.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which GMZBST or Telkom gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or
10.1 GMZBST and Telkom, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of a person receiving the Prize and/or the terms and conditions of this Promotion. Furthermore, you will be solely responsible for all products used by you. Accordingly, the GMZBST takes no responsibility for any loss or damage, or any airtime associated with the network access. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons participating in the Promotion hereby expressly indemnify GMZBST in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
10.2 See www.KaBoom.co.za for Promotional Offer rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.
10.3 GMZBST and Telkom shall be entitled to terminate the Promotional Offer if any customers is involved in any fraudulent activity or suspected fraudulent activity.
11.1 In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate you as a customer on the Telkom network;
11.2 GMZBST & The Sponsor are obliged by law not to activate your SIM card on the Telkom network if you have not complied with the RICA registration requirements;
11.3 By law, if a SIM card is lost, stolen or damaged, you are required to immediately notify the South African Police Services in writing. You will also have to immediately notify Telkom and request the SIM card to be suspended;
11.4 If you wish to transfer/sell your SIM card to another person (other than a family member), you are required to contact your Service Provider to report such a transfer to Telkom, and Telkom is required by law to deactivate the SIM card. Before the new holder of the SIM card can use the SIM card, they must provide proof of their full names, surname, Identity Document number and residential address to an approved Telkom RICA officer to register them as a customer on the Telkom network. Once they have complied with RICA, and the RICA information is received by Telkom, Telkom will reactivate the SIM card;
11.5 If you change ownership to a third party, the Promotional Offer is not transferable;
11.6 Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider or see www.telkom.co.za for details;