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STANDARD TERMS & CONDITIONS
The terms set out below (Terms) govern the participation in and implementation of related administrative matters pertaining to the Contest to be conducted by MasterCard Asia/Pacific Pte Ltd, a company with offices at 152 Beach Road #35-00, The Gateway East, Singapore 189721 (MasterCard). A. Contest Period This spend and win contest (Contest) organized by MasterCard will run from 28 July 2014 to 5 September 2014 (both dates inclusive) (the Contest Period). B. Eligibility
1. Subject to these Terms and Conditions, ONLY the following categories of persons who are over the age of 21 are eligible to participate in this Contest (collectively, Eligible Persons and each, an Eligible Person): 1.1. An existing MasterCard MasterPass wallet (Wallet) holder; or 1.2. A Wallet holder who downloads the Wallet during the Contest Period.
2. The following persons are NOT eligible to participate in this Contest: 2.1. permanent and/or contract employees of MasterCard (including its subsidiaries and related companies), including their respective immediate family members, meaning parents, spouses, children and siblings; 2.2. representatives and/or agents (including advertising agents and contest management agents) of MasterCard, including their respective immediate family members, meaning parents, spouses, children and siblings; 2.3. holder(s) of a Wallet who is (are) in default of any facilities granted by their issuing financial institution and/or MasterCard at any time during the Contest Period, subject to MasterCard’s discretion; and/or 2.4. any holder of a Wallet who has committed or suspected to have committed any fraudulent or wrongful acts in relation to his/her Wallet, associated account or any facility of service granted by their issuing financial institution and/or MasterCard.
3. For the purpose of these Terms and Conditions, the use of the Wallet is "successfully approved" only if the download and transaction takes place during the Contest Period. A conditional approval is not a “successfully approved” application. C. How to Participate 1. To participate in the Grand Prize Category (as defined below) of the Contest, an Eligible Person is required to: 1.1. Conduct a transaction on www.Flysaa.com (SAA Website); and 1.2. use the Wallet as the payment option at check-out. 2. For the avoidance of doubt, the receipt must evidence a transaction made by the Eligible Person using their Wallet as the payment option during the Contest Period for the Eligible Person to become a participant of the Contest (each a Participant and, collectively, the Participants). D. Contest Mechanics 1. Upon successful completion of the transaction on the SAA Website, a Participant will be automatically entered into the Contest for the chance to win a trip to New York, as further described below (Prize). 2. A Participant who, during the Contest Period, conducts a transaction on the SAA Website using their Wallet is entitled to a one (1) Contest entry (Contest Entry) for the Prize. E. Winners 1. At the end of the Contest Period, inclusive of the deadline for successful approval of Wallet transaction, Contest Entries will be tabulated for the Prize. 2. MasterCard will select one (1) winner of the Prize (Winner) by conducting a raffle draw by 19 September 2014, whereby Winners will be selected at random from the total pool of Contest Entries in the presence of an independent auditor. F. Prizes 1. There will be one (1) Prize to be given away at the end of the Contest Period. The Prize is a trip for two for a holiday celebration in New York City, taking place 11 - 14 December 2014, including flights, three (3) nights’ accommodation, airport pickup and a USD2,000 MasterCard Prepaid Gift Card. 2. MasterCard will contact the Winner to make suitable arrangements to redeem the Prize within two (2) weeks from the end of the Contest Period. 3. The following additional terms and conditions shall apply to the Prize: 3.1. All Prizes are given on an “as is” basis and are not transferable, nor exchangeable for credit or kind whether in part or in full; 3.2. All costs, fees and/or expenses incurred or to be incurred by the Winner in relation to the Contest and/or to claim the Prize(s), which shall include but not limited to the costs for transportation, postage/courier, personal costs and/or any other costs, are the sole responsibility of the Winners. The Winners(s) must abide by all laws and regulations currently in place and the terms and conditions of the party(ies) arranging and/or providing the Prize and the terms and conditions attached to the Prize, if any. The Winner(s) shall be wholly responsible for the payment of all taxes, insurance and/or other miscellaneous charges relating to the Prizes. MasterCard will not be responsible or bear the cost of any other incidental costs; 3.3. Supplementary cardholders of any payment card stored in the Wallet (Supplementary Cardholder) are not entitled to win the Prize. Prizes won by a Supplementary Cardholder, if any, will be given to the principal cardholder of the Wallet; 3.4. All Wallet account(s) and/or other account(s), facilities or loans of the Winner must be in good standing during the Contest, including the shortlisting process and before the date of delivery or collection of any Prize(s), as the case may be in order to be entitled to receive the Prize(s), including being prompt in payments due; 3.5. To the fullest extent permitted by law, there are no, and MasterCard expressly excludes and disclaims any, representations, warranties, or endorsements, expressed or implied, written or oral, including but not limited to, any warranty of quality, merchantability or suitability or fitness for a particular purpose in respect of the Prizes; 3.6. In order to redeem the Prize, the Winner and his/her travel companion must be in possession of a valid passport which is not due to expire before July 2015. The payment for and arrangement of any required visa applications will be the responsibility of the Winner. MasterCard will not be held liable in the event of the Winner’s visa application being declined. 3.7. For the avoidance of doubt, the Prize is provided by MasterCard’s suppliers. The Eligible Persons, Participants and/or Winners hereby acknowledge and agree that MasterCard excludes all warranty and/or liability in connection with the Prize and/or the Contest. Participants shall assume full liability and responsibility in case of any liability, mishap, injury, loss, damage, claim or accident (including personal injury and/or death) resulting from their participation in the Contest, redemption and/or usage of the Prize. MasterCard shall not be held responsible for any loss, damage or injury (including death) in any manner whatsoever suffered by the Participants as a result of the participation in the Contest and/or the use of the Prize. 3.8. The title in the Prize and any risk of loss or damage to the Prize will pass to the Winners upon delivery of the Prize to such Winners. MasterCard shall not be liable for or obliged to recognize or replace any defective, lost, damaged or stolen Prize where such defect, loss or damage in respect of the Prize is not due to the fault and/or negligence of MasterCard; 3.9. MasterCard reserves the right to select the color of the Prize, where applicable; and 3.10. MasterCard shall not be responsible for any defect or any other loss or damage that may be suffered in connection with the Prize. Any dispute in relation to the warranty or quality of any Prize or any terms and conditions in respect thereof shall be settled directly between the relevant Winner and the relevant supplier. MasterCard will bear no responsibility for resolving any dispute and the Winner must liaise directly with the relevant supplier and not MasterCard in this regard. If the supplier is unable to supply the same model of the Prize(s), MasterCard reserves the right to substitute any Prize(s) with another product of similar retail value. G. Consent 1. Eligible Persons, Participants and/or Winners who participate in this Contest are deemed to have expressly agreed to be bound by these Terms and Conditions (as varied or changed), the decisions of MasterCard and/or the judges and, to the fullest extent permitted by law, to have consented to and authorized MasterCard to disclose their particulars to the third party service providers engaged by MasterCard for purposes of the Contest. MasterCard warrants that the disclosure of such particulars to any third party service providers shall be limited to the Eligible Persons’ or Participants’ or Winners’ names, addresses and telephone numbers and shall be used only in relation to and for purposes of the Contest. MasterCard’s decision on all matters relating to the Contest (including the interpretation of these Terms and Conditions) shall be final and binding and no further correspondence or attempt to dispute such decision would be entertained. H. Data Protection & Privacy 1. In connection with: (i) providing and administering the Contest; (ii) communicating the Contest; and (iii) selecting Winners of the Prize and awarding the Prize to the Winners, MasterCard, its respective subsidiaries, affiliates and associated companies/entities and agencies will be collecting and using transaction data relating to the Participant’s MasterCard branded card and using such personal information for such purpose. 2. In addition, a Participant’s card number will also be transferred to the Participant’s MasterCard branded card issuing financial institution in order to confirm the Winner’s identity, and contact the Winners. MasterCard will be collecting personal information (e.g. name and phone number) of the Winner from the Entry Form for the purpose of contacting the Winner. The Winner is required to provide photo identification in order to collect the Prize. If the personal information is not collected, MasterCard may not be able to award the Prizes to the Winner. For more information on how MasterCard may use such personal information and for information on how the Participant may contact MasterCard to request for access or to amend his/her personal information, or to limit the use of his/her personal information, please refer to MasterCard’s Privacy Policy which can be found at: http://www.mastercard.com/mel/personal/en/general/global-privacy-notice.html. I. Miscellaneous 1. In the event that a Prize is awarded to Eligible Persons, Participants and/or Winners who or in the event that a Participant: 1.1. is not eligible to participate in the Contest and/or receive the Prize; and/ or, 1.2. has committed or is suspected of committing any misconduct, fraudulent or wrongful acts, MasterCard reserves the right to disqualify such Eligible Persons, Participants and/or Winners from participating in the Contest and/or receiving the Prize. 2. MasterCard’s decision on all matters relating to the Contest will be final and binding. 3. To the fullest extent permitted by law, by participating in this Contest, each and every Participant is agreeing that he/she will not hold MasterCard and its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that MasterCard may engage for the purposes of this Contest), liable for any loss or damages that he/she may incur, in connection with the Contest.
4. MasterCard will not be liable for any default due to any war, riot, strike, lockout, industrial action, fire, flood, drought, storm, epidemic, pandemic, technical or system failure or any event beyond the reasonable control of MasterCard.
5. MasterCard reserves the right as it deems fit to vary or change any of these terms and conditions from time to time or cancel, terminate, withdraw, or suspend this Contest and/or replace this Contest with another similar promotion, Contest or program with prior notice. Such variation, changes, cancellation, termination, withdrawal or suspension will be notified by posting on MasterCard’s website at www.mastercard.co.za (Website) or in any other manner as MasterCard deems fit. In this respect, the Participants’ participation in this Contest also signifies his/her agreement to access the Website at regular intervals to view these terms and conditions and to ensure that they are kept up-to-date with any variations or changes which MasterCard may effect from time to time. Eligible Persons, Participants and/or Winners also agree that their continued participation in this Contest will constitute their acceptance of these terms and conditions (as varied from time to time). For the avoidance of doubt, any cancellation, termination, withdrawal or suspension by MasterCard of this Contest will not entitle the Participant to any compensation against MasterCard for any and all loss or damage that may be suffered or incurred by the Eligible Persons, Participants and/or Winners as a direct or indirect result of the act of cancellation, termination, withdrawal or suspension.
6. Any term and condition applicable to this Contest which is illegal, prohibited or unenforceable under any law or regulation shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions. 7. These Terms and Conditions are governed by and construed under the laws of New York State, USA (Laws) excluding conflict-of-laws or similar provisions under those Laws that would mandate or permit the application of the laws of any other jurisdiction. The parties submit to the exclusive jurisdiction of the courts of New York State, USA.
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