1. Information on how to enter this Promotion and Prize details form part of these Terms and Conditions of entry (Terms). These Terms apply to the Promotion and entry into the Promotion is deemed to be acceptance of these Terms.
2. Promotion entries may only be made via an SMS platform provided by Digicel.
3. The Promotion is open from 15:00:00pm Vanuatu Time on January 3rd, 2019, and is ending January 31st 2019 at 23:59:59pm. (Promotion Period).
4. Subject to paragraph 5, entry is open to Vanuatu residents aged 18 years and over at the start date of the promotion who are Digicel subscribers only (Eligible Entrants). By entering this Promotion you represent that you are eligible to enter.
5. Employees, directors, management and contractors of Digicel (including any suppliers of Prizes), and their immediate families, are not eligible to enter.
6. To enter the Promotion and be eligible to win, Eligible Entrants must, during the Promotion Period, send HAPPY to 1644.
7. For an SMS Entry to be valid:
(a) the Entrant must be subscribed to Digicel's services;
(b) the entry must be sent via the Entrant's own Digicel account; and
(c) the entry must be sent from an SMS enabled mobile handset (SMS entries sent via the internet are ineligible) that is connected to a service provider and service plan (if applicable) that permits the Eligible Entrant to send SMS to premium SMS numbers (some handsets are incompatible and some service providers and / or some service plans do not permit premium SMS. Prospective Entrants should check with their network service provider to see if their mobile phone is compatible); and
8. Maximum cost of each SMS Entry is VUV 20 (VAT inclusive). This cost will be incurred regardless of whether or not the SMS Entry is valid.
9. The Eligible Entrant can only use one msisdn/number to enter and participate in the Promotion.
10. Response times may vary and are subject to network coverage and availability, the number of entries received by Digicel, the available memory of the SIM card inside the Entrant's mobile phone and / or other technical problems beyond the control of Digicel.
11. Entrants acknowledge that SMS is not a guaranteed delivery communication tool.
12. Eligible Entrants may enter the Promotion as many times as they like.
13. Digicel accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be received at the time of receipt by Digicel as determined by Digicel. No responsibility will be taken for lost, late or misdirected entries. Digicel is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
14. The use of a third party application such as an automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly to gain any unfair advantage is prohibited and will result in the Entrant being disqualified from the promotion.
15. Incomplete or incorrect entries, or which breach any law or infringe any third party rights (including intellectual property rights) are invalid. Any entrant who, in the opinion of Digicel, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
16. Digicel accepts no responsibility for any variation in the value of a Prize, or for any tax liabilities that may arise from winning the Prize.
17. Prizes are not transferable and non- cash prizes cannot be exchanged for cash unless it is provided for in the Terms and Conditions of the Promotion. All other costs associated with the Prize are the responsibility of the Winner.
18. The Winners will be notified by a Digicel Representative within 5 days from the promotion close date.
19. For SMS Games with significant cash as prizes, the Winner's details will be published on Facebook within 10 days from promotion close date.
20. Digicel reserves the right to request that a Winner provides proof of his / her identity, residency, Digicel subscription and / or age prior to awarding a Prize. Proof of identification, residency, Digicel subscription and / or age considered suitable for verification is at the discretion Digicel. In the event that the Winner cannot provide suitable proof, the Winner will forfeit the Prize and no substitute will be offered.
21. The prize will be forfeited if the winner fails to claim within 3 months from the date of notification.
22. Digicel shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches, or is collected by, the Winner.
23. In the event that Digicel is unable to supply the Prize, Digicel reserves the right to supply an alternative prize of similar monetary value, subject to any written directions given by the Government Regulators.
24. Digicel’s decision is final on all matters and no correspondence will be entered into.
25. Winners must, at Digicel’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge, and they consent to Digicel using their name and image in promotional material for an unlimited time and without remuneration.
26. Digicel may collect or use personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to Vanuatu regulatory authorities. Entry is conditional on providing this information. By entering, Eligible Entrants consent to Digicel, for an indefinite period, unless otherwise advised, using the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
27. Should an Entrant's contact details change after submission of a Valid Entry, Digicel cannot guarantee that the Entrant will be notified that the Entrant is a Winner of a Draw.
28. If, for any reason, the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of Digicel, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion, Digicel reserves the right in its sole discretion to modify, suspend, or cancel the Promotion, or take any other action that may be available, subject to applicable regulations. Digicel will only be liable to refund a maximum of 20% of the total Entrant’s spend for the promotion.