TERMS AND CONDITIONS FOR KISS MY RIDE CONTEST

HOW TO ENTER KISS MY RIDE CONTEST

HOW TO PLAY 
  1. Register your details on kiss100.co.ke
  2. You only need to register once.
  3. Listen to the Kiss Fm Monday to Friday at 9am, 2pm & 5pm where one website entry shall be picked at random from the Kiss Fm Website.
  4. The winning name on that website entry shall be announced by presenters on-air on Kiss fm. The winner will have 15 minutes to call back into studio and claim their key.
  5. If they fail to call within 15 minutes, they forfeit their chance.
  6. Those who successfully call the station and claim their key will come to Kiss offices to collect their ‘Key Certificate’.
  7. After 6 weeks all ‘Key Certificate holders’ shall be invited to the Grand Draw at the end of the campaign, where they shall draw a car key of their choice and attempt to open the car.
  8. Their Key certificate entitles them to draw from a holder with all keys.
  9. The key that successfully opens the car, wins the car.
  10. There will be only one car winner at the end of the campaign.
  11. The participating station to listen to is Kiss FM.
KISS MY RIDE CONTEST RULES

TO ENTER OR WIN THE KISS MY RIDE CONTEST YOU MUST REGISTER ON THE KISS FM WEBSITE AND LISTEN TO KISS 100 FM.

The Kiss my Ride   Contest (the “Contest“) is sponsored by Radio Africa Group (“Sponsor“).

THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.

ELIGIBILITY:

Subject to these Contest Rules, the Contest is open to individual persons who are at least 18 years old as of the date of entry.

The contest is only open to residents of the Republic of Kenya.

Any person that is not eligible to enter the Contest may not win a Prize.

Employees, agents, and contractors (collectively, “employees”) of Sponsor (Radio Africa Group), Toyota Kenya and their respective parent companies, affiliates, subsidiaries, partner and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and all persons residing in the same households as employees, including but not limited to immediate family members are not eligible to win the Contest while the employee is employed or engaged by Sponsor and for six months following the employee’s last day working with or for Sponsor.

Radio Africa Group reserves the right to verify your eligibility before, during, or after the Contest.

ENTRY PERIOD

The rules and amended rules of the Contest will be announced through the Kiss Fm Website from time to time. You may join the Contest when and while it is live. Sponsor reserves the right to cancel the Contest. Prior to cancelling the Contest the Sponsor will notify the relevant regulatory institution (Betting Control and Licensing Board) of its intention to cancel the Contest.

KISS MY RIDE PRIZE

The winner of the Contest will receive a Suzuki Swift valued at Ksh1, 701,000/= (Kenya Shillings One Million Seven Hundred and One Thousand Only).

Prize fulfilment will be subject to the terms, conditions, and privacy policies of Radio Africa Group. In certain instances, at Radio Africa’s sole discretion, you will be contacted directly to receive it by a mutually agreeable method and handover of the prize will be subject to a confirmation of the winner’s eligibility to receive a Prize consistent with Sponsor’s Rules.

You must comply with the Contest’s Rules and conditions. Any entry by that does not comply with these Contest Rules will be disqualified, even if the Kiss Fm Website algorithms pick your registration.

Each Kiss My Ride registration is considered as an account. Each account may only be owned, maintained, used and controlled by one individual. In the event Sponsor determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sponsor may have, Sponsor reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.

KISS FM will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account. KISS FM uses your account information to contact and verify winners. Out of date or incorrect account information at the time you enter a Contest may disqualify you from receiving a Prize. Failure to provide valid, working contact information in connection with your account may result in termination of that KISS FM account and forfeiture of the Prize awarded.

Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts or that violate any of these Contest Rules or the Terms of Service. Entries generated by script, macro or other automated means are void.

Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any Prizes other than the Prize specified in these Contest Rules. The Sponsor guarantees that the Prize can be made available to the winner. The Prize is not assignable and not transferable and no substitutions are permitted. In addition, if the Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation, or if the winner cannot claim the Prize for any reason, then Sponsor reserves the right to not award the Prize at all. The winner shall be responsible and liable for all taxes on the value of the Prize. Winners shall provide KISS FM with accurate information regarding their identity.

PRIZE SELECTION:

The winner of the Contest will be a user who has registered on the KISS FM website.

The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest and shall be made in adherence to the regulations of the Betting Control and Licensing Board. The winners of Key Certificates will be notified through KISS FM; provided, however, that Sponsor reserves the right to determine an alternate method of notification. If a registered user is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.

GENERAL CONDITIONS AND RELEASES

Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and county) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winners list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

A registered listener or winner may be disqualified from the Contest if he or she fails to comply with any provision of these Contest Rules and KISS FM’s Terms of Service, as determined in the sole discretion of the Sponsor. Sponsor, in its sole discretion, may disqualify you from a Contest, refuse to award Prizes and require the return of any Prizes, or suspend, limit, or terminate your account if you engage in conduct Sponsor deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of Contests or in any way detrimental to other users. Improper conduct includes, but is not limited to: Falsifying personal information, including payment information, required to claim a Prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these Rules, using unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Contest or trying to in any way tamper with the computer programs associated with the Contests; obtaining other registered users’ information and spamming other registered users; and any other form of abuse; or otherwise violating these Rules. You acknowledge that the forfeiture and/or return of any Prize shall in no way prevent Sponsor from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

Participation in the Contest is at your own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit a registered user’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to a registered user or any other person’s computer or mobile device related to or resulting from registering on the website or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof.

THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.

By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, its respective parent companies, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Contest Rules in any way or at any time. Sponsor reserves the right, in co-ordination with the Betting Control and Licensing Board, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, KISS FM shall promptly post a notice on the KISS FM website to such effect. This Contest shall be governed by the laws of the Republic of Kenya. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in Kenya, by and under the Chartered Institute of Arbitrators rules for arbitration of consumer-related disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Rules otherwise remain in full force and effect and enforceable.