Standard Promotional Terms & Conditions

INTRODUCTION

• The terms contained in this document (Standard Promotional Terms and Conditions) apply to all promotional offers available through BancABC platforms and together with any applicable specific promotional terms. By participating in any promotion, the customer is indicating to accept and agree to be bound by these terms and conditions. Customers are advised to read these Terms and Conditions before participating in any promotion.
• All participants should check these Standard Promotional Terms and any applicable Specific Promotional Terms before participating in any Promotion, these are available on the BancABC official website.

In the event of any conflict or inconsistency between these Standard Promotional Terms and Conditions and any applicable Specific Promotional Terms, the Specific Promotional Terms shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.

PROMOTIONS & PROMOTIONS PERIOD

• BancABC may, from time-to-time, run Promotions and these may take the form of bonus offers (whether real-money bonuses or some other form of incentive), prize draws, competitions, contests, or other form of Promotion, or a combination of any of these. The particular form of Promotion will be described, and full details set out, in the communications (such as e-mails, computer pop-ups and letters and advertisements in the local press).  

• Unless otherwise indicated in the Promotion Communication, it is intended for the addressed recipient or category of recipient only and cannot be transferred. Any promotional offers to unintended recipients will be null and void.

• The period of time during which each Promotion will run (Promotion Period) will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible.

HOW TO ENTER

• Participation in any Promotion is voluntary.
• Entry requirements will be dependent on the nature of the promotion, and shall be communicated to the prospective participants and/ or the public when advertising the promotion.

• Entries received or done after the stated closing date will not be accepted.

• All promotion participants shall follow the instructions set out in the relevant Promotion Communication, and, where appropriate, the applicable Specific Promotional Terms.

• BancABC prize draws and competitions are free to all its customers subject to their eligibility.

• BancABC will not accept responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause; including but not limited to, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

• BancABC reserves the right to refuse entry or refuse to award the prize to anyone in breach of these terms and conditions.

These Terms and Conditions shall only apply to Zimbabwean Citizens unless if stated otherwise in the specific promotional terms and conditions.

ELIGIBILITY

• Unless otherwise stated, BancABC prize draws and competitions are open to all BancABC customers, subject to any exceptions provided by law from time to time.

• Officers, directors, employees, consultants or agents of BancABC or any of its subsidiaries, parent or associated companies, or any of its or their respective suppliers or vendors (including advertising, printing and publicity agencies) or any officers, directors, employees, consultants or agents of any entity connected with any BancABC Promotion, or relatives of any of the foregoing persons, “relative” shall include, but not be limited to, a spouse, partner, child or sibling and any person residing in the same household as any of the foregoing persons shall not be eligible to participate in any promotions conducted by BancABC.

• Entrants under 18 must get consent from their parent(s) or legal guardian(s) before entering.

• Only one entry per person is permitted, provided that this condition will be dependent on the nature of the promotion and the Specific Promotional Terms set out thereon.

• In entering, the participant confirms that it is eligible to do so and eligible to claim any prize you may win. However, BancABC may require you to provide proof that you are eligible to enter the prize draw or competition.

• BancABC reserves the right, at its sole discretion, to disqualify any participant that cheats or tampers or attempts to tamper with the entry process for, or the operation of, any Promotion, or whose conduct is in breach of these Terms and Conditions and/ or Specific Terms, or whose conduct is contrary to the spirit or intention of the promotion, or in BancABC’s reasonable opinion, will bring BancABC, or any of its Group companies or their respective brands into disrepute.

THE DRAW

• A winner will be chosen by random draw performed by a computer process within one month of the competition ending.

• Subject to any Specific Terms, the winner will be notified by email or telephone (using details provided at entry) within 7 days of being chosen and must provide a postal address to claim their prize.

• If a winner does not respond to the BancABC within 14 days of being notified, then the winner’s prize will be forfeited and the BancABC will be entitled to select another winner in accordance with the process described herein above.

• The prize will be sent to the winner within 14 days of responding to BancABC.

• The winner must accept the relevant Prize “as is”, and the prize is non-exchangeable, non-transferable and no cash alternative is offered. BancABC reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the BancABC’s control makes it necessary to do so.

• The decision of BancABC regarding any aspect of the prize draw or competition is final and binding on the winner.

• BancABC reserves the right to hold void, cancel, suspend, or amend the promotion where it becomes necessary to do so.

• BancABC reserves the right not to award a Prize or to seek the return of any Prize awarded in the event that the Winner is not entitled to receive such Prize in accordance with applicable law (provided always that the Winner is solely responsible for ensuring that s/he is entitled to receive any Prize) or if We have cause to disqualify the Winner in accordance with these terms and conditions.

• The Winner is solely responsible for the payment of any applicable tax in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable Zimbabwean law.

• Where a Prize consists of an event, activity, holiday or the performance of a service, the Winner is solely responsible for complying with any booking or other conditions or instructions of the relevant third party provider or organiser and must be able to comply with any restrictions as to dates and times in relation to the Prize (which may not be re-scheduled) and any other eligibility restrictions imposed by the relevant third party provider or organiser. The contract in relation to any such event, activity, holiday or service will be directly between the Winner and the relevant third party provider or organiser and BancABC will not be a party to that contract or have any liability in relation to its performance or non-performance, which shall be the sole responsibility of the relevant third party provider or organiser. BancABC will not provide any form of insurance, in respect of any Prize consisting of an event, activity, holiday or service.

• BancABC’s offering of a particular Prize implies no affiliation on its part with or sponsorship or endorsement of the relevant third party manufacturer, supplier, provider or organiser.

• The Winner is solely responsible for all use made of the Prize. Except as expressly provided in these Standard Promotional Terms and Conditions, no representations, warranties, conditions or other terms are made, given or accepted by BancABC and no other terms shall apply, as between BancABC and its associate entities and any person, in relation to any Prize, including without limitation any terms as to suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which BancABC excludes to the maximum extent permitted by law.

PUBLICITY & INTELLECTUAL PROPERTY

• By participating in any Promotion in which a participant wins a Prize the participant agrees to co-operate in all advertising, marketing and publicity material and activities BancABC may, at its expense, produce or arrange. The participant also agrees, if requested, (a) to wear any branded clothing or attire BancABC may provide; and (b) to sign, if requested, an irrevocable release form allowing BancABC, without any compensation being payable, to use the participant’s, photograph, likeness, details of their City and/or province, any comments made by or attributed to BancABC, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.

• Where one participates in any event which BancABC hosts or arranges in connection with a Promotion, the participant agrees not to make use of any third party branding or advertising for any organisation which BancABC considers to be its competitor, and the participant agrees not to conduct itself in a manner that might, in BancABC’s reasonable opinion, bring it, any of its affiliates or any of BancABC or affiliates respective brands into disrepute. In the event of any breach of this requirement, BancABC reserves the right not to award a Prize or to seek the return of any Prize awarded.

LIMITATION OF LIABILITY

• Insofar as is permitted by law, BancABC, its directors, staff, agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death arising in whatever nature, including but not limited to occurring as a result of taking up the prize. This limitation will however not extend to circumstances where the loss is caused by the gross negligence, fraud or wilful misconduct of BancABC, its staff, directors, agents or distributors or that of their employees.

• In all promotions where prizes consists of an event, activity or holiday, then to the extent permitted by law:

• The participant will freely assume all risks that are part of and may arise from their participation thereof, and any harm, injury or loss that may occur to the participant or its property as a result of such participation.

• The participant will further RELEASE BancABC, its employees, agents, officers, and contractors, FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that may occur to the participant or to any other person or to any property during the event, activity and /or holiday or in any way related to the same. The participant also agrees NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the event, activity or holiday or are related in any way to the event, activity o holiday.

• Promises to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (stated herein above) against any and all claims. The participant also promises to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims arising from the participant’s own negligence, and any other claim arising from its conduct during the event, activity or holiday. In accordance with these promises, the participant will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they may incur because of any such claims made against them. The participant agrees that in the event of its death or disability, the terms of this agreement, including the indemnification obligation in this clause, will be binding on the participant’s estate, and any personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

DATA PROTECTION & PUBLICITY

• BancABC is committed to protecting and respecting participant privacy and will only use any personal information provided to it in accordance with these Terms and Conditions and its Data and Privacy Policies.

• By entering, participants agree that any personal information provided may be held and used by the BancABC, its staff or its agents and suppliers to administer the promotion.

GOVERNING LAW

• BancABC prize draws and competitions will be governed by the Lotteries & Gaming Act [Chapter 10:26] together with any regulations and licenses thereunder, and any other applicable Zimbabwean laws. Any dispute that may arise between the Parties in relation to the promotion or terms and condition set out herein shall be submitted to a court of competent jurisdiction in Zimbabwe

• BancABC reserves the right to update these Terms and Conditions from time to time and any updated version will be effective as soon as it is published on the BancABC official website.