TERMS AND CONDITIONS FOR “CASH ME IF YOU CAN”
ZAMBIA
TERMS AND CONDITIONS FOR “CASH ME IF YOU CAN”
ZAMBIA
“CASH ME IF YOU CAN” (herein referred to as the “Promotion”) refers to a series of promotional schemes designed by SPENN Zambia Limited (herein referred to as “SPENN”).
By participating in the Promotion, all Participant(s) agree to be bound by these Terms and Conditions. SPENN’s decision regarding any matter related to the Promotion will be conclusive and binding upon the Participant(s).
1. Timeline
1.1. The Promotion will be made available to the Participants on certain dates or time frames as it shall be announced through the SPENN App. These dates or time frames will be hereinafter referred to as “the Term”.
1.2. All SPENN account users will receive notifications through SMS and/or in-app messages when a new Term and, therefore, a new launch of the Promotion is available.
2. Who can participate?
2.1. The Promotion is open to all SPENN users who meet the following requirements:
2.1.1. Participants must be 18 years or older.
2.1.2. Participants must be a resident of Zambia.
2.1.3. Participants must have a SPENN account.
2.1.4. Participants must be fully KYC-verified.
2.1.5. Participants must have logged into his/her SPENN account within the last two (2) years.
2.2. Persons who meet the above criteria shall be referred to as “Participant(s)” herein.
3. Who cannot participate?
3.1. SPENN account users who are employees of SPENN or employees of any company/business that has a direct relationship with SPENN or for the purpose of successfully executing this Promotion, or be in a position to interfere with the outcome of this Promotion whether legally or illegally due to access to confidential, privileged or unpublished information connected to this Promotion.
3.2. Legal entities/Companies/Businesses including sole proprietorships.
3.3. SPENN account holders who have not been fully KYC verified.
3.4. SPENN account holder who has not logged into their SPENN account within the last two (2) years.
4. Prizes
4.1. Participants who complete a series of actions (“Action(s)”) will be discretionarily rewarded by SPENN with different prizes as listed below and available as from the date indicated for each of them and for a limited number of winners in order of completion of the Action(s):
4.1.1. ZMW 650 in cash, from May 10th, 2024, four winners;
4.1.2. ZMW 650 in airtime, from May 17th, 2024, four winners;
4.1.3. ZMW 1,300 in cash, from May 24th, 2024, two winners;
4.1.4. ZMW 2,600 in cash, from May 31st, 2024, one winner.
4.2. Participants already rewarded through this Promotion will not be eligible to win further prizes within it, except for the last prize if they complete the Action(s) and win it according to the rules hereby set forth. SPENN reserves the right to vary the nature and value of prizes from time to time.
4.3. Where a given prize is to be redeemed, exchanged, validated, spent, or consumed at or with a third party, it may be subject to the third party’s contractual terms and conditions and SPENN accepts no responsibility and shall not be liable in any form whatsoever for any defects, damages, or losses suffered by the Participant(s) or any third party in connection to the said prize. SPENN shall communicate in such cases the nature of such possible prizes via in-app communication, SMS, social media, SPENN’s website and/or any other channels usually employed by SPENN when communicating with SPENN users.
5. Rules of Promotion
5.1. SPENN account users who are eligible to participate in the Promotion will receive a notification on their SPENN App once the Promotion is made available.
5.2. SPENN shall not impose any fees for participation in the Promotion.
5.3. Eligible SPENN users who desire to participate in this Promotion will be required to perform the following Action: finding and scanning one of the QR codes discretionarily distributed by SPENN in different physical locations. The said QR codes shall be a link to SPENN’s Customer Service Whatsapp account to which the Participant must send a photograph of him/herself (selfie) together with the QR code found in the location where it was found and confirm the Participant’s phone number that is registered in his/her SPENN account. For the avoidance of doubt, only the completion of all the steps above described will be considered a complete Action.
5.4. Completion of the Action shall be rewarded with a prize, discretionarily selected by SPENN. SPENN reserves the right to modify the nature and/or value of the prize even after completion of an Action according to Clause 5.3.
5.5. To the fullest extent permitted by law, the rewarded winners agree that their names and/or photographs may be published or announced in any media publication for publicity and advertising purposes and such usage will not grant the winners any further compensation.
6. Disqualification of winners and/or participants
6.1. SPENN may withhold the prizes at its sole discretion or disqualify Participant(s) at any stage of the Promotion for the following reasons:
6.1.1. The winner and/or Participant has committed fraudulent and illegal transactions on his/her account or acted fraudulently with regard to the Promotion.
6.1.2. The winner and/or Participant has deviated from the rules of the Promotion and has attempted to manipulate, misuse, or circumvent the outcome of the Promotion to be entitled to participate in the Promotion.
6.1.3. The winner and/or Participant lacks legal capacity under applicable laws and in accordance with the provisions of the Terms and Conditions; or falls under the category of Participants prohibited under Clause 3 from participating in the Promotion.
6.1.4. It will be unlawful under the applicable local laws and regulations to reward the prize(s) to the winner.
7. Personal Data Protection
7.1. Our Data Privacy Policy shall apply to all SPENN App users and SPENN customers and it covers all matters that are related to how we collect, use, share and protect your data. All our partners with whom we share your information must meet the requirements set out in this policy. See https://www.spenn.com/privacy-policy/
8. Limitation of Liability
8.1. Subject to any statutory limitations, no claim by the Participant(s) against a third party may be the subject of a claim against SPENN/Access Bank (Zambia) Ltd.
8.2. SPENN/Access Bank (Zambia) Ltd accepts no responsibility and shall not in any circumstance whatsoever be liable to the Participant(s) or any third party for any lawsuit brought against the Participant(s) in consequence of participation in or development of the Promotion, or any prize won under this Promotion.
8.3. To the fullest extent permitted by law, by participating in this Promotion, the Participant(s) agrees to indemnify and hold harmless SPENN/Access Bank (Zambia) Ltd, their holding, affiliates and/or subsidiaries, its officers, agents, employees, successors and assigns from and against any loss, damages, actions, claims, expenses and any other liabilities of any nature suffered or sustained by SPENN/Access Bank (Zambia) Ltd arising from third parties or through the Participant(s)’ participation in this Promotion, breach of this Terms and Conditions therein, any related activity and/or acceptance, receipt, possession or use and misuse of any prize.
8.4. To the extent permitted by law, SPENN/Access Bank (Zambia) Ltd will not be liable in any way whatsoever, for any claims arising from loss, injury, damage, or costs, suffered by Participant(s) in relation to this Promotion or the prizes offered, including but not limited to claims relating to defects in the prizes or any losses caused by such defects or losses arising from incorrect or inaccurate information provided by the Participants and/or winner(s).
8.5. SPENN/Access Bank (Zambia) Ltd shall not be liable to the Participant(s), if SPENN/Access Bank (Zambia) Ltd is unable to perform its obligations under these Terms and Conditions, due (directly or indirectly) to the failure of any machine, transmission link, industrial dispute, or anything outside the control of SPENN/Access Bank (Zambia) Ltd, its agents or subcontractors.
8.6. By accepting these Terms and Conditions and entering this Promotion, the Participant(s) undertakes that such decision is made of his/her free will and volition and such Participant(s) shall be legally responsible and liable for any loss, damage or legal expenses suffered by the Participant(s) because he/she took part in this Promotion.
9. Variations
9.1. To the extent not contrary to the applicable law, SPENN reserves the right and may at any time at its discretion vary, alter, suspend, cancel, change, amend or refuse to renew this Promotion, its Terms and Conditions and the prizes without prior consent or approval of the Participant(s).
9.2. Notification of variation or amendment to an ongoing release of the Promotion shall be given to Participant(s) in writing and without undue delay, either by direct email, SMS text, In-App message, or other agreed digital communication method.
9.3. Varied or amended prizes, and/or Terms and Conditions will become binding and effective immediately without affecting the outstanding obligations and rights of the Participant(s) as a SPENN user and/or Participant in this Promotion.
9.4. All Participant(s) waive any rights that they may have or purport to have and acknowledge that no claim in respect of any variation of the Terms and Conditions is enforceable against SPENN following the moment the amendment is notified to the SPENN users and/or Participant(s) of this Promotion.
10. Notices
10.1. Notwithstanding Clause 9.2 herein, the parties hereby acknowledge that any communications under these Terms and Conditions shall be in writing. Notices and correspondences between the parties may be sent by email or by registered mail/courier to the receiving party. Such notices or correspondences shall be deemed to have been received 3 days after dispatch, in the case of registered mail/courier by handing the said correspondence to a reputable courier service for immediate delivery to the addressee in a properly addressed package.
11. Maintenance
11.1. The Participant(s) agrees that SPENN/Access Bank (Zambia) Ltd accepts no responsibility and shall not in any circumstance be liable to the Participant(s), winner(s) or any third party for the maintenance, registration and/or upkeep of the prize won under this Promotion.
12. Severance
12.1. If any one or more of the provisions in these Terms and Conditions are deemed invalid, illegal, void, or unenforceable in any respect by law or a competent court, the validity, legality, and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be prejudiced, affected, or impaired.
13. Governing Law and Jurisdiction
13.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Zambia.
13.2. If any dispute arises between the parties, hereto relating to the interpretation and/or application of this Terms and Conditions, which cannot be resolved by mutual consultation, such dispute shall be referred to arbitration in accordance with the Arbitration Act, No. 19 of 2000 or any statutory modification for the time being in force. The venue of such arbitration shall be at Lusaka, Zambia.
14. Tax Implication
14.1. For cash prizes or cash equivalent, SPENN/Access Bank (Zambia) Ltd shall deduct from the winner’s cash prize payment any applicable withholding tax at the percentage rate as at the time of cash prize payment was made.
15. Miscellaneous
15.1. The Participant(s) undertakes that he/she has been given ample opportunity to read, and he/she has carefully read these Terms and Conditions. In addition, the Participant(s) has been given the opportunity to, and hereby advised to, have these Terms and Conditions reviewed by legal counsel of his/her/their choice.
15.2. The Participant(s) certify that he/she has made an investigation of the facts relevant to these Terms and Conditions and of all the matters pertaining thereto as deemed necessary, that he/she fully understands the contents of these Terms and Conditions, that he/she is of sound mind and intends and agrees to be legally bound by these Terms and Conditions.
15.3. All terms used in the singular form shall be interpreted to include the plural form, and vice versa, as dictated by the context and for the purposes of interpretation.
15.4. The foregoing shall constitute a binding and enforceable agreement between Participants and SPENN.
