MOGO Boda Boda lottery rules

Terms and Conditions for Mogo Boda Boda Lottery Effective [2021.08.09 - 21.09.13]

Mogo Auto Limited (“Mogo”) has been authorized by the Betting Control and Licensing Board of Kenya (hereinafter referred to as “BCLB”) under the Betting, Lotteries and Gaming Act, Cap 131, Laws of Kenya under License number: BCLB 10/1 VOL. LXVII (55).

Mogo’s lottery campaign remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya) and any disputes arising hereunder shall be resolved in accordance with such provision.

This agreement establishes the Terms and Conditions that govern the contractual relationship between the Mogo and the Player and shall apply when a Mogo loan client participates in the lottery campaign via a loan application towards the purchase of a motorcycle (boda boda) at any of Mogo’s authorized dealerships. You are required to accept these Terms and Conditions when interacting with the services offered by Mogo and you are bound by these Terms and Conditions throughout the existence of the relationship. The Terms and Conditions govern the way we do business, how we take lottery forms, and how we identify what the client can expect Mogo. By using our services, when a client fills in the lottery form at the dealership when purchasing or applying for finance for the purchase of a boda boda, the Player/ customer acknowledges and confirms acceptance of these terms and agrees to abide and be bound by them.

METHODS OF ENTRY WEB:

For eligibility criteria a Player can visit Mogo’s website via the following URL: https://www.mogo.co.ke/boda-boda

Identify a boda boda of your choice at any of our dealerships countrywide

Pay the required down payment/ deposit for the boda boda and fill in the lottery form available at the dealership

You will be provided with a unique code for ease of identification as a participant (“Client Code”)

 

Additional steps based on prior registration include age verification and Acceptance of T&Cs.

Mogo Lottery Campaign Game Rules

The Lottery involves a random number draw of  all Client Codes for every new boda boda loan application made at the dealerships.

Mogo shall export all lists of lottery forms and/ or Client Codes and print each Client Code as one ticket to the draw.

The Main draw is scheduled for 2021.08.13 at City Council Grounds venue in Nairobi.

The exact draw time will depend on the processing of the entries such that Mogo can fulfil its obligations to the BCLB.

The cost for each ticket is the deposit for the boda boda of KES 15,000, which is the default maximum amount.

If a Player attempts to Ticket over the default maximum amount, at Mogo’s discretion, the Player

may be automatically refunded the difference.

At the prize giving event or the main draw, all participants who will have been issued with a client code shall be required to collect another ticket when entering the event and this ticket shall be entered into a secure ballot box.

Three (3) lucky winners will be chosen at the live draw event and during the event another boda boda client will be chosen through a live draw and will leave the event with a new boda boda.

The winning lottery ticket will be announced at the live draw event.

These results will also be sent to all players that filled a ticked in the main draw.

 

Rules to Entry

Every player must be at least eighteen (18) years of age and must provide valid proof of identification.

Each player must have a valid driving/ riding license.

To participate a player must have applied for a boda boda loan at Mogo’s authorized dealerships and submitted a duly filled lottery form.

Every lottery form must be accompanied by a unique client code issued to each player at the point of sale at the dealership. Each unique client code shall allow each player to participate at the live draw event and make them eligible to pick a ticket at the live event.

Each Client Code will only be valid once entered into Mogo’s computer systems.

A player is only eligible to receive one ticket and receive prizes in line with these rules.

Subject to Rule 2.1, the following people cannot Ticket and thus Mogo will not be liable to pay a Prize to them:

Anyone under the age of eighteen (18) years, whether that person is Ticketing for themselves or anyone else

Directors and employees of Mogo, or any other key contractors or sub-contractors of Mogo.

Mogo may decide and specify in any amendment which is made to these Rules or in any other appropriately published communication from time to time.

If a Prize is paid to anyone listed in Rule 2.7, that person will be required to repay the Prize immediately.

Your Responsibilities

You are responsible for keeping safe and confidential any information required to claim a Prize for a Ticket (including, for example, the relevant Client Code,  Ticket Number and Your Identification Information). You

 

acknowledge that if You are not able to provide sufficient Identification Information when claiming a Prize, You will not receive that Prize

You are also responsible for:

Checking that Your Ticket shows the correct Ticket Number and your names; and

Claiming (where applicable) and checking You receive the full amount of any Prize You are entitled to.

In the event that there are any taxes applicable to the Prizes, Mogo will deduct the relevant amount and remit to the tax collection agency, withholding tax of 20% shall be deducted from winnings.

Claiming a Prize

You can only claim a Prize if You are the holder of a Client Code linked with a Winning Ticket.

The winning ticket shall be announced at the live draw event and the winning player shall be required to claim his prize and ride away with the boda boda.

If for whatever reason a Player cannot claim the Prize at the live draw event, the Prize can be claimed in person within seven days from the end of the Claim Period if, before the end of the Claim Period, You contact Mogo and notify it that You intend to claim a Prize in this way (and give Your name, address and all details of the Ticket that Mogo reasonably requires) and if You then present the proof of identity and any relevant completed Prize Claim Form in person at Mogo’s office during normal business hours within the seven day period. You can contact Mogo by:

a) Telephoning the Customer Care line 0768 469 112. which is available 24 hours

b) Emailing [email protected] Mogo must receive the email before the end of the Claim Period.

c) If You fail to claim within the additional twenty eight day period, Your entitlement to the Prize will be lost and the Prize will not be PAID .

All unclaimed prizes (three) months after the end of the Claim Period will be surrendered to the BCLB.

Validation Requirements

Before a Prize can be paid on a Ticket, it must be successfully validated in line with Mogo’s reasonable validation procedures adopted from time to time. Mogo’s decision about whether the Ticket is valid will be final and binding.

Without limiting the effect of Rule 5.1, Mogo will declare a Ticket invalid (and will not, therefore, pay any Prize relating to that Ticket) if:

 

a) The Ticket is the result of an act by You or another person that was intended to increase the chances of You or that person winning a Prize in the relevant Game above the chances enjoyed by other Players of that Game, or to increase that Prize; or

b) The Ticket is counterfeit, all or part of the Ticket has been forged, or the Ticket fails to pass Mogo’s validation and security checks; or

c) The Prize claim is not received within the relevant claim period set out above.

d) The Ticket Number for the Ticket is not on Mogo’s official list of Winning Entries, or the relevant Prize for the Winning Ticket with that Ticket Number has been paid previously; or

e) The details associated with the Ticket Number of a Ticket do not match Mogo’s official records of that Ticket Number; or

f) Mogo reasonably believes that the Ticket was purchased by or on behalf of a person falling within one of the categories in Rule 2.7.

Without limiting the effect of Rule 5.1, Mogo may declare a Ticket invalid (and will not be obliged to pay any Prize) if:

a) Mogo reasonably believes that the person claiming the Prize is not the holder of the relevant client code or that person’s duly authorised representative, or that the information provided by the person claiming the Prize is incomplete or has been altered or tampered with.

b) The Ticket has not been issued by Mogo or any of its agents.

c) The Ticket Number (or any other unique feature of the Ticket) does not match the records on Mogo’s Computer System for the Game that the Ticket relates to.

Payment of Prizes

The Information below sets out how Interactive Prizes of different amounts should be claimed and will be paid.

a) Cash prize of Kenya Shillings one hundred thousand (KES 100,000): Prizes and other winnings from Games in this category will automatically be deposited into Your Mobile Money Account.

b) four (4) motorcycles valued at Kenya Shillings one hundred and forty five thousand (KES 145,000).

Mogo reserves the right to:

Pay Prizes by cheque, bank transfer, direct credit, or Mobile Money. If payment is made for Prizes of Ksh.100,000 and less, this will be deposited minus the disbursement costs to the Mobile Money Account registered to Your Account

Ask You to visit Mogo’s Office to claim Your Prize.

Withhold a Prize, providing it is acting reasonably, until it is entirely satisfied that a Ticket is valid and that the claim has been made in good faith

Withhold a Prize (or seek or recover a Prize already paid) until all appropriate checks and enquiries have been carried out, if in its discretion it believes, on reasonable grounds, that You (as the person claiming a Prize) are: not lawfully entitled to receipt of a Prize; or that a Prize has been paid to You in circumstances where Mogo decides that the Ticket is invalid or defective; or where there is any other reason for Mogo (acting reasonably) to question Your entitlement to the Prize. Any checks and enquiries will be carried out promptly by Mogo You shall repay immediately upon demand any Prize Mogo seeks to recover.

 

Recover a Prize incorrectly paid into Your Account

Request proof of entitlement to a Prize (including, without limitation, Identification Information, proof of identity and capacity to claim)

Refuse to pay a Prize If You are unable or fail to produce sufficient Identification Information when claiming a Prize

Photograph and Publicize winners claiming a Prize for Mogo’s records

 Refuse to pay a prize if You refuse to sign all the documentation required by the Insurance Underwriters

The right to a Prize is not transferable.

Mogo will not be responsible or liable to any person claiming a Prize which has been paid to a person who assumed the identity of the relevant Account.

No interest will be payable on any Prize, including without limitation: whilst any checks or enquiries are being carried out in relation to a Winning Ticket; whilst a dispute about the Ticket or Prize claim is being resolved; or for the period a Prize remains unclaimed.

Any charges levied by the Mobile Operators’ payment gateways (Mpesa) will be deducted from Your account.

Any applicable taxes levied by the Kenya Revenue Authority will be deducted, all winnings are subject to 20% withholding tax.

Draws and Winning Numbers

Mogo will, at its discretion, decide the time, frequency, date and method of the Draws for each Game.

Each Draw will select Winning Numbers at random with the use of the Random Number Generator approved by the BCLB.

If a Draw is interrupted because of equipment failure, or for any other reason, the Draw will be completed in line with the applicable Draw Procedures for that Game. If a Draw can’t take place on the date or at the time fixed, it will take place as soon as reasonably possible thereafter.

If any Game Draw is declared invalid, another Draw will take place in line with the applicable Draw Procedures to determine the Winning Numbers.

Mogo will only pay a Prize based on the official results of the relevant Draw recorded in line with Rule 8.4 and electronically recorded in Mogo’s Computer System. Mogo will not pay a Prize based on results recorded anywhere else, including for example in newspapers, winning number telephone lines, or on the Site.

Mogo will not be required to make any payment against any incorrectly announced number(s) at the Draw.

Information about Winners

When You claim or are paid a prize, You will automatically be deemed to grant to Mogo an irrevocable right to publish, through all types of media broadcasting, including the internet, for the purposes of promoting the win, Your full name (as well as Your nick name), hometown, photograph, and video materials without any claim for broadcasting, printing or other rights, for a period of up to thirty-six months from the date of prize award. You also give Mogo the right to publish, for a period of up to thirty-six months from the date of the prize award, any additional information that You voluntarily

 

provide. You shall have no claim against Mogo for invasion of privacy or on any other ground(s) by reason of the publication or broadcasting of Your Name, hometown, photograph, video materials, or information voluntarily provided by You.

If You win a Prize, You understand and accept that Mogo may, if required by law, provide a third party with details of any Prize claimed by You or on Your behalf, or paid to You.

By participating in the Game, You expressly consent to the collection, use and disclosure by Mogo, its employees, agents and/or service providers, of the Participant’s Personal Information, for the purposes of conducting and administering the Game.

You accept that Mogo has the right to send you promotional messages unless You opt out.

Draw Closures etc.

Mogo can, following consultation with the BCLB, announce the closing date for an individual Game at any time. No Entries for that Game will be sold after the closing date or time.

Mogo can also (at its absolute discretion) suspend or withdraw any Game following consultation with the BCLB.

Limitation of LiabilityWhere instructed by the BCLB, Mogo will, or may (in its discretion -provided it is acting reasonably), declare that a Ticket is defective. In these circumstances, all relevant Entries and all relevant Prizes won will be void and Mogo will either:

Provide You with an opportunity to place another Ticket of equivalent price; or

Refund the amount paid for the defective Ticket. Mogo will decide which of (a) or (b) above shall apply.

You do not have the right to cancel a Ticket. No refunds will be given in any circumstances. No interest will be payable in respect of any refunds made.

If Mogo is fully satisfied after proper and careful consideration and enquiries that the cancellation of a Ticket was wholly and directly the result of Mogo’s fraud, negligence, or error, and that Ticket would, but for that cancellation, have been a Winning Ticket, then Mogo will not refund the cost of the Ticket and Mogo’s only liability will be to pay an amount equal to the Prize that You would have been entitled to if the cancellation did not take place.

Mogo’s only obligation is to pay the Prizes won in any Game to the rightful owners of Winning Entries or provide a refund in the circumstances set out in these Rules. Mogo will not be liable in any circumstances for any loss of whatever nature other than, the non-payment of a Prize or the non-payment of a refund You are entitled to under these Rules. In particular, but without limitation, Mogo will not be liable for any loss of profits, or any special, indirect or consequential loss, suffered or incurred by You (or any holder or owner of a Ticket, any person claiming a Prize during the Claim Period, or any other person) that arises out of the withdrawal from any Game, or from the participation or non- participation of You or any person in any Game. This includes the loss, for whatever reason, of the chance to participate in that Game.

 

Mogo will not be liable to any person for:

Events beyond its reasonable control and expectations (for example war, strike, lockout, industrial action, fire, flood, drought, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service);

 The failure or destruction of, or damage to, all or part of the computer systems or records of Mogo or any third party (including, without limitation, the Site and/or Mogo’s Computer System);

Any mistakes caused by all or part of the computer systems or records of Mogo or any third party (including, without limitation, the Site and/or Mogo’s Computer System);

Delays, losses, mistakes, or omissions in or made by the postal or other delivery service, or by the banking system;

Any other action or event which prevents or hinders the issuing of a valid Ticket (including without limitation the failure of the Site to display correctly on any device used to view it).

Disputes and Mogo’s Decisions

Mogo’s decision about whether or not a Ticket is a Winning Ticket, or in relation to any other matter or dispute arising from the payment or non-payment of Prizes, will be final and binding, provided that it is a reasonable decision. Without limiting the effect of the previous sentence following any such decision made by Mogo, Mogo may (at its discretion), reimburse the cost of the Ticket or replace the disputed Ticket with a Ticket on any current Game of the same price. All disputes shall be referred to the BCLB who shall act as final arbiter in the settlement of the dispute.

The remedy will be the Player’s sole and exclusive remedy, and any reimbursement or replacement will fully discharge Mogo from any liability in respect of such a dispute. Mogo will not be liable to pay any interest in respect of any reimbursement made under this rule.

Mogo may withhold payment of a Prize and/or make an equivalent payment into court until any dispute has been resolved.

Any legal disputes will be automatically submitted to the BCLB.

General

Any person who Tickets, or submits a Ticketing slip for validation, or who claims a Prize in whatever capacity, agrees to be bound by the provisions of any applicable legislation, these Rules (all as amended from time to time) and any other rules or procedures, statements, or explanations Mogo may issue in respect of that lottery game.

 

12.2. Mogo may change these Rules, the relevant Game Procedures, and any Game Specific Rules applicable to the Games played via Mobile Money at any time. These changes will be effective immediately from the date of their publication on the Site (or any earlier time Mogo states), or on notification to You that the changes have taken place (whichever takes place sooner) and will apply to Tickets played after the date on which the changes become effective, and/or Entries bought before that date if reasonable in the circumstances. Notification can be by SMS,email,Web Account notification, post, or any other form of communication reasonably considered and decided by Mogo You agree that You will be bound by the changes when You next play a Game Played via Mobile Money, when you next access Your Account, when you claim a Prize after the changes have become effective, or (where relevant) when You expressly accept the changes, whichever takes place first.

12.3. If any provision (or part of a provision) or rule mentioned above is decided by a court of the Laws of the Republic of Kenya to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make any other provisions void or unenforceable

12.4. You may not assign or otherwise transfer (in whole or in part) Your rights and/or obligations under these Rules.

12.5. You agree that when You contact the Customer Care Team, You will supply any Games-Related Information required by Mogo

Privacy: The Company will respect Your privacy and shall always make efforts to preserve your information in strict confidence. However, the Company shall not be liable for any loss of data. Your personal information will not be disclosed to third parties except: where required for the processing of your requests; under duty or legal obligation; for enforcement of the Terms & Conditions; or for the protection of the rights or property of the company. Note: personal information provided may be disclosed to a credit reference bureau who may keep records of such information.

Force Majeure: The Company is not responsible in any way for any consequences resulting from major incidents beyond the Company’s control, such as: strikes, terrorist activities, political crises, wars, natural catastrophes, saturation of the telecommunication networks, cyber-attacks, hacking, etc.

Intellectual Property: All content on our Site, SMS, Mobile service, and all other media and electronic platforms is owned by the Company, its affiliates and third party contractors, and is protected by international intellectual property and copyright laws and regulations, including: products, logos, trademarks, service marks, trading names, etc. No part of the Site, SMS, or Mobile service may be copied.

Jurisdiction

This agreement and the contractual relationship Ticket between you and Mogo shall be governed by these Terms and Conditions and construed in accordance with the relevant and applicable Laws of the Republic of Kenya.

Definitions

Account: An account maintained by a Player on Mogo’s Computer System.

Ticket: The entry mechanism into the game.

Mogo’s Computer System: The Random Number Generator used by or on behalf of Mogo from time to time to operate lottery games, administer Accounts, facilitate Entries and pay Prizes.

BCLB: Betting Control and Licensing Board

 

Claim Period: A period of up to 28 days after the draw date.

Customer Service Team: Mogo’s helpline for Players. Telephone: 0768 469 112 Email [email protected]

Draw: The process which results in the random selection by Mogo of a set of Winning Numbers for a Game.

Draw Procedures: The draw procedures that apply to a Draw, as determined by Mogo from time to time.

Identification Information: Information used to establish Your identity, including information required by Mogo to confirm the authenticity of that information. Identification Information could include any element of the Games-Related Information and any information or documents You provide when claiming a Prize. Accepted forms of identification are:ID, Kenyan Driving License and Passport.

Mobile Money: Safaricom Mpesa,Airtel Money.

Privacy Policy: Mogo’s policy relating to the use and storage of Your personal information as

amended from time to time.

Prize: An Interactive Prize. Reference in these Rules to payment of Prizes includes the awarding of non- cash Prizes.

Prize Structure: The value of Prizes and odds of winning in an individual Game as determined by Mogo and set out in the Game Procedures for the relevant Game.

Selection: A set of numbers chosen by You (whether chosen by Yourself or via Lucky Dip) for the purpose of buying a Ticket.

Site: The website https://www.mogo.co.ke/boda-boda

Ticket: The textual or numerical representation of Your Ticket.

Ticket Number: The alphanumeric reference included as part of a Ticket which identifies and is unique to a particular Ticket and which is recorded in Mogo’s Computer System and, for Entries bought using Your Account, in Your Transaction History.

Validation Requirements: Mogo’s Entry validation requirements referred to in Rule 6 or as

otherwise determined by Mogo from time to time.

Winning Ticket: A Ticket which entitles You to a Prize and which meets all the Validation Requirements.

Winning Numbers: The numbers used to determine the Winning Entries for the Draw.