General Terms

GENERAL CONTEST TERMS & CONDITIONS

1. These terms and conditions apply to all competitions featured in any publications and online services that are organised by Kid of the Month & Year Limited (KOTMY),(or a third party on KOTMY’s behalf).
2. By entering a competition entrants accept these terms and conditions together with any specific instructions and terms for such competition which may be mentioned in any electronic messages, or on the website, or on the WhatsAppgroups or communicated to entrants in any other way (“competition information”). Such competition information shall prevail in the event of there being any inconsistency between these competition terms and conditions and any competition information.
3. KOTMY may cancel or amend any competition, competition information, or these terms and conditions without prior notice. Any changes will be posted either within the competition information or these terms and conditions.

Competition Entry

4. The competition is open to all countries, KOTMY may ask competition winners for proof of residency and if a competition winner is unable to prove their residency to KOTMY’s satisfaction (i.e. prove that they are physically present in their home country for 365 days or more in the previous or current tax year), KOTMY reserves the right to select an alternative winner. All participants must be under the age of 14 and registration must be conducted by the parent(s) or legal guardian(s) or with their permission sort and obtained by any third party who registers the child. Employees and members of their immediate families (including any live-in partner or household member) of any of the following may not enter:
o KOTMY Limited
o Subsidiaries of KOTMY Limited;
o Companies sharing common directors with KOTMY Limited;
o Any company involved in the organisation, management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries;
o Any company involved in any capacity in the sponsorship of a competition or competition prize.
5. Where an entrant requires the details of his/her parent/guardian to be entered onto the entry forms, KOTMY may ask for proof of age and in all competitions evidence to verify the identity of that entrant at any time, and may use any channels and methods available to carry out checks of any details provided. Entrants may only enter the competition in their own name.
6. All entrants are to follow all our social media pages on Facebook, Instagram and Twitter.
7. The opening and closing dates and times for entries are as indicated in the competition information. Any entries received after the closing of the competition will be invalid and will not be entered into the competition except otherwise stated by KOTMY.
8. By entering the competition entrants warrant that all information submitted by them is true, current, and complete. Entrants also warrant that they are the copyright owners of any copyright works submitted, e.g. photographs, videos and drawings, and inclusive use of such works (which you will permit) will not infringe the rights of any third party.
9. Any limit on the number of entries a person or household may make will be clearly stated in the competition information. Entries received that exceed this limit will be invalid and will not be entered into the competition.
10. Entry to the competition may only be made through the applicable method(s) indicated in the competition information. Not all of the following methods of entry may be available for entry to each competition. The following terms and conditions will apply where the method is indicated as being available in the competition information. Where entrants pay an entry fee, they must have the permission of the bill payer before entering; otherwise the entry will be invalid.
o Text (“SMS”) entry

Where specified in the competition information as an available method of entry to the competition, SMS entrants are required to send a text to the shortcode or number as indicated in the competition information. Texts received by KOTMY will be charged at the standard operator rate, which will vary depending on the entrant’s mobile network provider. When a text message is received from KOTMY, sent to the same mobile phone from which the answer was sent, acknowledging receipt of the entry (a “Text Acknowledgement”), this will result in the entrant being charged the charge stated in the competition information. Please check with the relevant mobile network provider what standard network charge will apply. In the event that the entrant has insufficient funds, credits or capacity on their handset (as applicable) for the Text Acknowledgement to be successfully sent by KOTMY and received by the entrant within 72 hours of the original entry being received by KOTMY , the relevant entry will be deemed ineligible and will not be accepted.

Entries sent by text message which are received after the stated competition closing time will be invalid and will not be entered into the competition. If a text message entry is received by KOTMY after the stated competition closing time, the entrant will receive a free text message from KOTMY informing them that their entry was received late and was not therefore entered into the competition; however, the entrant will not be entitled to a refund of the standard network charge imposed by the entrant’s mobile network when they entered the competition by text message.

SMS entries received after the notified competition closing time will not be valid. KOTMY accepts no liability for any SMS entry charges incurred regardless of whether the entry is received before, during, or after the competition closing time. SMS entrants may opt out of receiving any marketing messages in the confirmation message (please see rule 29 of these terms and conditions).

o Web entry

Where specified in the competition information as an available method of entry to the competition, web entrants are required to follow the instructions on the website as indicated in the competition information. Entrants will receive a message confirming entry to the competition. Web entrants may be required to supply their name, and/or email address and/or a contact telephone number and/or any other details. In the event that entrants are required to pay to enter online, entrants will need to use the relevant payment service indicated in the competition information, and may need to open an account and register to pay for online entry to the competition. Online entry costs will be as indicated in the competition information. Entrants must read and accept the terms and conditions relating to the online entry pay service before proceeding with such a web entry.

o Email entry

Where specified as an available method of entry to the competition, e-mail entrants may enter the competition by sending an e-mail with the information indicated in the competition information and at the email address indicated. Entrants may receive a message confirming their entry to the competition.

o Mobile Internet entry

Where available, entrants may enter the competition by Mobile Internet. Eligible entrants are required to click on the link to the competition on the relevant Mobile Internet webpage and follow instructions to provide the required information to enter the competition. Entries without all the required information will be invalid.

o Entry via Social Network Sites

Social Network Site entrants may enter the competition by responding with the information needed in the competition by sending their messages via a direct message on our social media handles or the WhatsApp contact provided for enquiries and registration.

11. Neither KOTMY nor its Staff, Admins, agents, nor any other party or organisation involved in the management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries involved in the competition will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorisedaccess to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by KOTMY or any third party), virus, bugs, or other causes outside its control.
12. Entries submitted through agents or third parties or in bulk (i.e. more entries than a human being could submit in the time available without the use of software or other devices designed to make automated entries or, in the case of postal entries, more than one entry submitted under the same postage stamp) will not be accepted. Entrants may enter as many times as they like unless otherwise indicated in the competition information but no more than one prize per person per competition will be awarded.
13. Any entries which are incomplete, incorrect, inaudible, incomprehensible, or not received by KOTMY will be void.
14. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry or any answers given by entrants (if applicable), or the operation of any part of the competition (in the case of postal entries, votes, or any decision), network or phone system, the decision of KOTMY shall be final and no correspondence will be entered into.
15. KOTMY will not be liable to reimburse expenses incurred in making an entry in any competition or for voting during the competition or any expense incurred after the competition. Where KOTMY decides in its sole discretion that an entrant is eligible for a refund, eligibility for refunds will be notified to relevant entrants. KOTMY reserves the right to refuse to refund any requests where it suspects dishonest or fraudulent conduct on the sender’s part or where the entrant has not complied with the rules of the competition.

Prizes

16. The prize is as specified in the competition information.
17. Where the winner is required to speak for the purposes of a film or video production they must appear to be able to communicate clearly and appropriately for the production in question or have the Parent(s), legal guardian(s) or any one so appointed by the Parent(s) or legal guardian(s) communicating on their behalf with the winner present in the production. KOTMY reserves the right to select an alternative winner in the event that these requirements are not met.
18. The process for determining the winner of the prize isthrough voting with the winner determined based on the amount of votes received which is indicated in the competition information.
19. KOTMY reserves the right to select an alternative winner on the grounds that the selected winner declines the prize offer based on personal reasons. No prize will be deferred to a later date than the stipulated reward duration. Any further winner will be selected on the same criteria as the original winner and will be subject to these rules.
20. Should more prizes be claimed than are available for any reason, a simple prize draw will take place for the available prize(s). In the event that the prize is not available despite the reasonable endeavors to secure it, KOTMY has the right to substitute prizes of equal value.
21. KOTMY cannot be held liable for the use of winner’s prizes. The use of the prizes awarded to winners is at the risk and expense of the winners.
22. KOTMY will attempt to notify the winner within 21 days after the closing date, or as otherwise indicated in the competition information, and where time is of the essence for such a period as KOTMY shall in its absolute discretion deem reasonable. He/she will be contacted on the phone number, by SMS text, by WhatsApp, or email address provided when entering the competition. The winner will have a specified time period in which to claim his or her prize. If KOTMY is unable to notify the winner, or if the winner fails to respond within the fixed time period as specified and/or provide an address for delivery of the prize, this may result in forfeiture of the prize and KOTMY reserves the right to select an alternative winner in accordance with these terms and conditions and the competition information.
23. KOTMY may in its sole discretion refuse to provide a prize, or seek its recovery, in the event of non-entitlement under these terms or an entrant’s breach of these terms, KOTMY’s website terms of use, fraud, dishonesty, or other inappropriate or improper conduct including but not limited to the use of technology which enables an entrant to evade charges or entry requirements.
24. Any entrant who enters or attempts to enter the Competition in a manner, which in KOTMY’s determination is contrary to these terms and conditions or by its nature is unfair to other entrants, may be removed from the Competition at KOTMY’s sole discretion.
25. KOTMY reserves the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion, if it believes the Competition is not capable of being conducted as specified in these terms and conditions or in the event of a virus, computer bug or unauthorisedhuman intervention or any other cause that is beyond the reasonable control of KOTMY that could corrupt or affect the administration, security, impartiality, or normal course of the Competition.
26. KOTMY reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or if such proof is not produced on request or to disqualify the entrant from the competition.
27. KOTMY shall try to deliver the prize to the winner within a stated period from the date of the competition ends, unless otherwise specified to the winner. Delivery restrictions may apply. No cash equivalent (where applicable) or alternative prize will be given and the prize is non-transferable and non-exchangeable. However, KOTMY reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of similar value.
28. In relation to all competitions, the full name, birthday, location, image of the winner may be published by KOTMY and entrants grant to KOTMY a non-exclusive license to use and publish these details in any media for the purpose of announcing the winner or participant.
29. KOTMY reserves the right in its sole discretion to award winners of their prizes either fully, partly, by installments or any ways it deem necessary of any of its competitions.

Data Protection and Publicity

30. KOTMY (or any third party nominated by KOTMY ) may exercise its sole discretion to use the winner’s (and (if applicable) their companion’s) name, address, and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.
31. Information, data and the caller line identity (“personal data”) which is provided by entrants when they enter will be held and used by KOTMY and their suppliers and contractors in order to administer the competition. If entrants call from a withheld caller line identity and do not provide their caller line identity when entering the competition, KOTMY may use the withheld caller line identity for customer care purposes such as refunds or communications relating to a service e.g. to notify a winner. Entrants’ personal data may also be passed to their mobile phone network or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate, non-personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
32. By submitting their personal details, the entrant agrees to KOTMY processing those details in accordance with the purposes made known the entrant at the time of collection. Any entrant who is entering the competition via e-mail or SMS may opt out of receiving any marketing communications from KOTMY.
33. KOTMY shall comply with all applicable requirements of the Data Protection Act 1998, the General Data Protection Regulation, any successor legislation or other applicable law.

Liability

34. The entrant, by entering the Contest, releases KOTMYfrom any and all liability for any injuries, loss, or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Company from any and all claims by third parties relating to the Contest, without limitation.
35. KOTMY cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of KOTMY. KOTMY will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.
36. KOTMY shall not be held responsible in the event of any loss, both monetary and otherwise during or after the course of any of its organized competitions. Under no circumstances during an ongoing contest or after the end of any of its organized contest shall any participants request for reversal of any resources, both monetary or otherwise which was willingly deposited on his/her behalf as a means of gaining greater chances to a favorable condition within the scope of a specific contest.
37. KOTMY assume no responsibility or liability for loss, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry.KOTMY is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the competition.
38. KOTMY is not responsible for any incorrect or inaccurate information, whether caused by any telecoms company or website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest.
39. KOTMY reserves the right in its sole discretion to disqualify a contestant, deduct or withdraw votes of any participants of its contest found guilty of fake votes not limited to auto likes or votes that does not within the confine of its competitions counted as valid votes.
40. KOTMY shall not be held liable for any copyrighted material or any material that infringes any other intellectual property rights which have been uploaded by an entrant during the competition. All entrants must upload pictures or videos of which they either own the copyright or any other intellectual property right or have obtained permission from the original owner of such right.

Standard Terms

41. In the event that any entrant does not, or is unable to, comply with and meet these terms and conditions and the competition information, KOTMY shall be entitled at its sole discretion to disqualify such entrant, without any further liability to such entrant. In these circumstances, any prize(s) won by the entrant may be forfeited and KOTMY reserves the right to reclaim any prize(s) already distributed to the entrant. Any entrant must comply with any directions given to him or her by KOTMY including but not limited to any and all relevant laws, rules and applicable regulatory codes.
42. KOTMY has the right to modify or terminate the competition without notice. In the event of such change or termination, by participating in the competition, Entrants have agreed to relinquish their rights in respect to the competition and acknowledge that they will have no recourse against the Company.
43. KOTMY will add the personal information provided by the Entrants to its database and provide personal data to third parties it engages within line with promotion and activation.
44. KOTMY, its associated companies, directors, and employees, shall not be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which may be suffered by the Entrant.
45. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
46. 95% of voting must come from the Country of the entrantand the fraud index must read below 4%.
47. Entrant further agrees to be bound by the decisions of KOTMY, which shall be final and binding in all respects. KOTMY reserve the right, in their sole discretion, to disqualify any entrant found to be:

Caution: Any Attempt To Damage The Contest, Voting Links /Website/WhatsApp Or Any Related Website Or Undermine The Legitimate Operation Of The Contest May Be A Violation Of Criminal And Civil Laws. Should Such An Attempt Be Made, KOTMY Reserve The Right To Seek Remedies And Damages To The Fullest Extent Permitted By Law, Including But Not Limited To Criminal Prosecution.

48. Please note that calls and messages may be recorded and saved to ensure that competition entries are captured, for staff training and quality control purposes.
49. These are the official Contest Rules for KOTMY. It is subject to the laws of the Federal Republic of Nigeria.
50. In the event of an unlikely dispute as a result of these Contest Rules, the parties involved shall settle any dispute or difference of opinion between them, arising from or in connection with this Contest Rules amicably through mutual discussion. In the event that the parties are unable to settle any dispute or differences by mutual discussion, the matter shall be referred to Arbitration in accordance with the Arbitration Rules of the Arbitration and Conciliation Act Cap A18, Laws of Federation of Nigeria, 2004, by a sole arbitrator appointed by the Chairman of the Chartered Institute of Arbitrators UK (Nigeria Branch) and the place of the Arbitration shall be Rivers State, Nigeria. The arbitral award shall be final and binding between the Parties except where there is misconduct on the part of the arbitrator or error on the face of the award.
51. The promoter of the competition is Kid of the Month & Year Limited.
52. These terms and conditions were last updated on 15February 2021. 

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