TERMS AND CONDITIONS

1. Participation Rules
1.1. Your participation in Moola Mobile Games (Pty) Ltd (“Moola Mobile”), the downloading of any information and/or application and use of any of Moola Mobile’s services are strictly subject to these terms and conditions.
1.2. Any reference to terms and conditions means the terms and conditions contained in this communication, the terms and conditions contained on the website: www.moolamobile.com.na or wap site: www.moolamobile.mobi (jointly “the site”) and Moola Mobile specific rules posted on the site and available for download.
1.3. By participating in Moola Mobile, you acknowledge that you have read and understand the terms and conditions and agree thereto.
1.4. By utilising the services and participating in Moola Mobile, you warrant that you have the legal capacity to enter into this agreement, are of sound mind and capable of taking responsibilities for your actions.
1.5. Moola Mobile reserves the right to terminate or restrict your access to any service offered by it, at any given time.

2. Jurisdiction
2.1. The site and Moola Mobile is controlled, operated, and administered by Moola Mobile games from its offices, as set out below, within the Republic of Namibia.
2.2. Participation in Moola Mobile is limited to subscribers to MTC, Cell One, and Switch, being Namibian cellular communication companies.
2.3. The Moola Mobile service is subject to Namibian legislation and changes thereto.
2.4. Moola Mobile reserves the right to, at any point in time, terminate its service.

3. Operation
3.1. To participate, you are required to send the word “win” to the short code number, 949, via a short message service (“SMS”). Each SMS received by Moola Mobile shall give you one entry in the draw.
3.2. Moola Mobile shall not be held responsible for any failed SMS, including SMS’s not received by it, for whatever reason.
3.3. SMS charges, being the participation cost, shall be N$5.00 per entry, which shall be charged against your account with the relevant cellular communication service provider, and/or deducted from the available credit if you make use of a Pay-As-You-Go pre-paid service.
3.4. By sending the aforesaid SMS to the short code number listed above, you will become eligible for the daily draw prize in the amount of N$1, 000.00, as well as the weekly draw prize in the amount of N$10, 000.00.

4. Payment Processing
4.1. Winners of the daily and weekly draw prizes will be contacted on the cellular phones from which the SMS referred to in clause 3.1 was initiated, to obtain their banking details for the transfer of prize money.
4.2. By participating in the Moola Mobile, you acknowledge and agree that your cellular phone number shall be used as the sole verification method. Moola Mobile shall not be responsible to verify the identity of the mobile device holder, from which the SMS was initiated, or to confirm that it is indeed the holder who initiated the SMS.
4.3. It is your sole responsibility to ensure safekeeping of your mobile device and you indemnify Moola Mobile against any claim whatsoever as a result of payment of any prize money into an incorrect account by virtue of third parties having gained access to your mobile device.
4.4. All prize money shall be paid by way of electronic fund transfer into a bank account held at a bank in the Republic of Namibia, alternatively, by way of cheque.
4.5. Should any prize winner elect to receive his/her prize by way of a cheque, then and in such an event such winner shall be required to collect the cheque from Moola Mobile’s offices at the address stipulated below, within 5 (Five) days (excluding Sundays and public holidays) from the date on which such person was notified of his/her prize. All prizes should be claimed within 5 (Five) days (excluding Sundays and public holidays) days from the date of notification.
4.6. The mobile device, from which the SMS referred to in clause 3.1 was sent, shall be used for identification and verification purposes and upon collection of the cheque the holder of the device shall be deemed to be the person who initiated the SMS and who is entitled to the prize.
4.7. You will be required to furnish Moola Mobile with your name, address, banking details, and a copy of your identification document, and agree to provide Moola Mobile with such other information as may be required from time-to-time, in Moola Mobile’s sole discretion, before payment of any prize money.
4.8. Winners will be elected by a random computerised selection application and the outcome, as may be communicated by Moola Mobile from time-to-time, shall be final. Moola Mobile reserves the right to conduct a re-run of the random selection process, in the event that it suspects, in its sole discretion, any malfunction, or nefarious conduct during the selection process.

5. Publication By participating in the Moola Mobile service, you agree that Moola Mobile may print, publish, broadcast, and use, worldwide, in any media at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation.

6. Assignment
6.1. Moola Mobile is entitled to cede and assign any of its rights and obligations in respect of these terms and conditions or in respect of any of the services related thereto.
6.2. You are not entitled to cede and/or assign any of your rights acquired in relation to Moola Mobile without first obtaining Moola Mobile’s express written consent.

7. Nefarious conduct
7.1. You agree not to attempt to exploit any error, virus, bug, defect, or inconsistency (“Bug”) found on the site and/or any aspect of the Moola Mobile to your advantage, or to the disadvantage of any other participants, at any time. Furthermore, you agree to report any such Bug to Moola Mobile, immediately upon discovery thereof.
7.2. You will not make any attempts to circumvent the random selection system developed by Moola Mobile in electing a daily and weekly winner, or manipulate the outcome of any draw or activity.

8. Disclaimer and limitation of liability
8.1. Although Moola Mobile has taken care to ensure that the content provided on the site is accurate and that you suffer no loss or damage as a result of your use of the site or participation in Moola Mobile, your participation and use of the site and the services provided by Moola Mobile, is entirely at your own risk and you assume full responsibility for the risk of loss resulting from your use of the site or participation in Moola Mobile and your reliance on the material and information contained on the site or the sites of online partners, or suppliers, vested thereon.
8.2. Moola Mobile will not be liable for any damage whatsoever relating from your use of the site or participation in Moola Mobile or the services, or the information contained on the site, or your inability to use the site or participate in Moola Mobile, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether Moola Mobile were expressly advised of the possibility of such loss or damage, without derogating from the generality of the foregoing, Moola Mobile shall not be liable for:
8.2.1. any interruption, malfunction, downtime or other failure of the site, any service offered by Moola Mobile;
8.2.2. any content on a third-party or online partner site or service;
8.2.3. any content or remarks that take place on a chartroom or other device used for the transmission of messages hosted by a third party;
8.2.4. any loss or damage which arises from your orders, purchasers or disposal of goods and services, from third parties, based upon the information provided on the site;
8.2.5. any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; negligence on our part;
8.2.6. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site or service;
8.2.7. unauthorised access to or alteration of your transmissions or data;
8.2.8. statements or conduct of any third party on the service;
8.2.9. any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
8.2.10. any other matter relating to the site, the service, or any event over which Moola Mobile has no direct control.
8.3. You indemnify Moola Mobile, its employees, suppliers, and representatives against any loss (including consequential loss), damage, cost, claims, or expense incurred by you or any third party as a consequence of you using Moola Mobile’s services.
8.4. For purposes of the terms and conditions, “services” shall be interpreted to include the site, the hosting of Moola Mobile and any other service rendered by Moola Mobile to you.

9. Amendments to terms and conditions
9.1. Moola Mobile may amend the terms and conditions from time-to-time. By accessing the site, or participating in Moola Mobile, you are bound to the version of the terms and conditions published on the site at such time. You agree to view the current version each time you access the site, or participating in Moola Mobile.
9.2. A certificate signed by the administrator responsible for maintaining the site will be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions.

10. Links to other sites Some of the sites listed as links are not under the control of Moola Mobile. Accordingly, Moola Mobile makes not representations whatsoever concerning the content of those sites. The fact that Moola Mobile has provided a link to a site is not an endorsement, authorisation, sponsorship, or affiliation by Moola Mobile with respect to such site, its owners, or its providers. Moola Mobile is providing these links only as a convenience to you. Moola Mobile has not tested any information, software or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet, and Moola Mobile cautions you to ensure that you completely understand these risks before retrieving, using, relying upon or purchasing anything via the Internet.

11. Intellectual Property
11.1. Moola Mobile retains all copyright and other intellectual property rights in all software, material, including logos and other graphics and multimedia works published on the site or downloaded therefrom.
11.2. The logos and trademarks shown on the site are the registered and unregistered trademarks of Moola Mobile.
11.3. The content contained in sponsor advertisements or information presented to you through the site or service is proprietary and subject to intellectual property laws.
11.4. You agree not to modify, rent, loan, sell, distribute, commercialise, translate, reverse-engineer, decompile, disassemble, or in any way create derivative works based on the site, service or the software, in whole or in part.
11.5. Subject to these terms, Moola Mobile grants you a limited, non-exclusive, non-transferable personal license to access and use the site and the materials and services contained therein. Moola Mobile provides the materials and services available on the site for your personal, non-commercial use. Any unauthorised use of the site or in any of the materials or services contained therein and offered by Moola Mobile shall result in immediate termination of this limited license. The license is granted for the use and access of the site and the services for its intended purpose only.

12. Severability If any portion of the terms and conditions is deemed void or unenforceable, then such provision shall only be deemed severable from the remainder of the terms and conditions and shall not affect the enforceability or validity thereof.

13. Communications, Commercial communications and Privacy
13.1 Moola Mobile will never divulge, share or sell your personal information to any third party whatsoever.
13.2 By making use of any of the Moola Mobile services including but not limited to, SMS games/competitions, web or WAP platforms and social networks, the user allows Moola Mobile the right to communicate with themselves by various means including but not restricted to SMS, telephonic and platform communications.
13.3 By making use of any of the Moola Mobile services including but not limited to, SMS games/competitions, web or WAP platforms and social networks, the user agrees to opt-in to Moola Mobile commercial communication messages and promotions (from but not restricted to partner companies and Moola Mobile themselves). Said communications will occur from time to time via one of the communication mediums mentioned in 13.2.
13.3.1 Moola Mobile will ensure that no adult or graphic material is ever communicated to you without your explicit consent.
13.3.2 Moola Mobile will ensure that all campaigns mentioned in 13.3 will at all times be moderated and controlled, insuring that no �false� advertising is broadcast to any of the Moola Mobile community and that full retail prices are always included and will not be misleading.
13.3.3 Moola Mobile will never communicate any commercial messages to a user between the hours 20:00 and 06:00.
13.4 Moola Mobile will assume that any user making use of its services mentioned in 13.2 understands that the Moola Mobile platform is an op-in mobile marketing base through which they will be targeted with various communications mentioned in 13.3 in an ongoing effort to enrich the lives of each of the Moola Mobile users by providing easy access to great deals and market offerings through targeted non-intrusive marketing.
13.5 Moola Mobile users will be able to opt-out of any commercial messaging by means of email or platform communication. As such time said user will be removed from the Moola Mobile database with immediate effect and no questions asked.

14. Contact details In the event that you need to contact Moola Mobile for purposes related to these terms and conditions, please use the following:
Physical Address: 32 Schanznweg, Klein Windhoek
Telephone: +264 61 301 454
Fax: +264 61 301 451
Email: support@moolamobile.com.na

Mega Moola – Terms

** NOTE ** a letter is deemed to be matched if it is the correct letter and IT IS IN THE CORRECT POSITION IN THE PUBLISHED MEGA MOOLA COMBINATION.
– 6 letter match (1st prize) – The N$100 000 (Minimum, rolling jackpot) first prize will be shared between the 6-letter match winners and will be transferred into a bank account in the customer’s name.
– 5 letter match (2nd Prize) – The N$50 000 will be shared between all the 5-letter match winners and will be transferred into a bank account in the customer’s name

Moola Mobile will contact these winners to make arrangements with them for the prizes. In order to claim the prize(s), the person claiming the prize, must:
1- Prove that he/she is the owner or authorized designated user of the cellphone number from where the winning entry was sent
2- Be in possession of the SIM card and/or cellphone containing the confirmation SMS received from Moola Mobile, for the winning entry.
3- Be over the age of 18 or in the case of a minor the legal guardian may claim the prize.
4- Provide valid proof of identity (i.e Namibian ID book, passport or drivers license).
5- In the event that there is more than one correct entry in a week for the 6 letter match, the weekly prize money will be shared equally between the winners.
6- Similarly if there is more than one correct entry for the 5 letter match, the prize money will be shared equally between the winners.
7- Cash prizes will only be paid into a valid Namibian bank account in the name of the person who is the valid winner of the prize.
8- Winners of these prizes will not be eligible to also win prizes for a 4 letter match
9- Cash prizes that are won by minors will only be paid to the legal guardian of the minor.

Airtime
1- Winners for a 4, 3 or 2 letter match will receive airtime to the value of N$100 or N$30 or N$10 respectively.
2- The airtime amounts will automatically be loaded onto the Prepaid and Top Up winners’ airtime accounts.
3- Contract customers will receive an SMS containing a virtual voucher PIN code.
4- Prepaid and Top Up customers will receive the Airtime directly in their Prepaid account within 24 hours after the show.
5- Contract customers will receive a virtual pin for the Airtime prize that can be passed on to any Prepaid or Top Up customer for redemption.
6- No monetary exchange will be permitted.

1                 The promoter of the “Dankie Botswana” promotion (“the promotion”) is Moola Mobile Games (Pty) Ltd.

2                 The promotion runs from Friday, 27 November until Wednesday, 30 December 2015 (5 weeks)

3                 By participating in the promotion, you acknowledge that you have read and understand these terms and conditions and agree thereto and you warrant that you have the legal capacity to consent to these terms and conditions.

4                 To participate, you are required to send the word “win” to the short code number, 949, via a short message service (“SMS”). Each SMS received by Moola Mobile shall give you one entry in the draw. Moola Mobile shall not be held responsible for any failed SMS, including SMS’s not received by it, for whatever reason.

5                 SMS charges, being the participation cost, shall be N$5 per entry, which shall be charged against your account with the relevant cellular communication service provider, and/or deducted from the available credit if you make use of a Pay-As-You-Go pre-paid service.

6                 By sending the aforesaid SMS to the short code number listed above, you will become eligible to win  one of 4x N$25,000 cash prizes or one of 3 x “Dankie Botswana” second hand taxis with following descriptions: Toyota Corolla 1.4ltr, 2000 model, 60 000 km or below (hereinafter referred to as the “vehicles”).

7                 Prizes will be awarded on the below mentioned dates:

7.1             4x N$25,000 cash prizes will be up for grabs on Fridays in December:

7.1.1                Prize 1 award date – Friday, 4 December (Qualification period – Friday 27 November to Thursday, 3 December)

7.1.2                Prize 2 award date – Friday, 11 December (Qualification period – Friday 4 December to Thursday, 10 December)

7.1.3                Prize 3 award date – Friday, 18 December (Qualification period – Friday 11 November to Thursday, 17 December)

7.1.4                Prize 4 award date – Friday, 25 December (Qualification period – Friday 18 November to Thursday, 24 December)

7.2             3 x “Dankie Botswana” vehicle prizes will be awarded on Wednesday, 30 December to three different winners (Qualification period – Friday 27 November to Tuesday, 29 December).

7.2.1                The vehicles are provided “as is”. The Promoters do not give any guarantee whatsoever that the vehicles will of any standard of quality or condition.

7.2.2                The winners are liable for all registration costs and any other costs related to the vehicles, including but not limited to the registration of both vehicle and taxi licenses, necessary repairs, improvements and services.

7.2.3                All risk in and to the vehicles passes to the winner once Moola Mobile has handed over the vehicle and registration documents to the Winner.

8                 Payment Processing

8.1             Cash prizes:

8.1.1                Winners of the cash prizes will be contacted on the cellular phones from which the SMS referred to in clause 4 was initiated, to obtain their banking details for the transfer of prize money.

8.1.2                By participating in the promotion, you acknowledge and agree that your cellular phone number shall be used as the sole verification method for the winners of the cash prizes. Moola Mobile shall not be responsible to verify the identity of the mobile device holder, from which the SMS was initiated, or to confirm that it is indeed the holder who initiated the SMS.

8.1.3                However, you will be required to furnish Moola Mobile with your name, address, banking details, and a copy of your identification document, and agree to provide Moola Mobile with such other information as may be required from time-to-time, in Moola Mobile’s sole discretion, before payment of any prize money.

8.1.4                All prize money shall be paid by way of electronic fund transfer into a bank account held at a bank in the Republic of Namibia, alternatively.

8.1.5                The mobile device, from which the SMS referred to in clause 4 was sent, shall be used for identification and verification purposes and upon collection of the cheque the holder of the device shall be deemed to be the person who initiated the SMS and who is entitled to the prize.

8.2             Winners of the vehicles will be contacted on the mobile device numbers used to enter the competition and will be advised on the handover day.

8.3             Moola Mobile will contact these winners of the vehicles to make arrangements with them for the prizes. In order to claim the prize(s), the person claiming the prize, must:

8.3.1                prove that he/she is the owner or authorized designated user of the cellphone number from where the winning entry was sent;

8.3.2                be in possession of the SIM card and/or cellphone containing the confirmation SMS received from Moola Mobile, for the winning entry;

8.3.3                be over the age of 18 or in the case of a minor the legal guardian may claim the prize; and

8.3.4                provide valid proof of identity (i.e Namibian ID book, passport or drivers license).

8.4             Winners will be elected by a random computerised selection application and the outcome, as may be communicated by Moola Mobile from time-to-time, shall be final. Moola Mobile reserves the right to conduct a re-run of the random selection process, in the event that it suspects, in its sole discretion, any malfunction, or nefarious conduct during the selection process.

8.4.1                It is your sole responsibility to ensure safekeeping of your mobile device and you indemnify Moola Mobile against any claim whatsoever as a result of payment of any prize money into an incorrect account by virtue of third parties having gained access to your mobile device.

8.4.2                All prizes should be claimed within 5 (Five) days (excluding Sundays and public holidays) days from the date of notification.

8.5             Publication By participating in the Moola Mobile service, you agree that Moola Mobile may print, publish, broadcast, and use, worldwide, in any media at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation.

9                 Disclaimer and limitation of liability:

10              You participate in this promotion entirely at your own risk. All entrants hereby indemnify and hold Moola Mobile and its affiliated companies, representatives, directors, staff and contractors harmless against any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained by you or any third parties as a result of their participation in the promotion and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any indemnified party.

The terms and conditions were most recently updated on 26 November 2015.