Terms and Conditions
The "Text & Win Subscription Service" is provided by WIXAWIN. Powered by: Sybase (Singapore) Pte Ltd. Helpline number: 6571 3999 WIXAWIN is a service of TMG B.V. (Address: Postbus 76253, 1070 EG Amsterdam, The Netherlands).
General
1. The “Text & Win Subscription Service” shall at all times be on the terms and subject to the conditions contained herein (the “Terms and Conditions”).
2. Information on how to enter the “Text & Win Subscription Service”, details of the “Text & Win Subscription Service” and the prizes form part of the Terms and Conditions.
3. The “Text & Win Subscription Service” herein refers to the service (the “Service”).
4. The Service will commence on 20-03-2008 and will end on 31-12-2008 (the “Competition Period”)
5. Entry into the Service by submitting an answer via short message services (“SMS”) to 72233 (the “Service SMS number”) shall be deemed and construed as acceptance and agreement to be bound by these Terms and Conditions.
Eligibility
6. The Service is open to all Singapore residents. Those who are under the age of 18 must obtain consent of the payer of the bill of the mobile phone used for participating in the Service before participation.
7. Participants must have a mobile communications subscription with a participating mobile phone network provider operating in Singapore.
8. All employees, service providers and agents of WIXAWIN and all related companies (including parents, affiliates and subsidiaries), and their immediate families are not eligible to participate in the Service.
Specific Terms and Conditions of the Service
9. Participation in the Service is via submitting an answer through SMS to the Service SMS Number “72233”. By participating in the Service you acknowledge that you have read and understood and agree to be bound by these conditions. If you do not accept these conditions, you must not enter the competition.
10. Participation in the Service comprises participating in both a quiz, as well as a subscription service. The subscription consists of 3 questions sent to you per week. By participating in the Service, participants also agree to receive free, non-rated marketing messages from WIXAWIN or third parties via SMS on a weekly basis.
11. The SMS entry mechanism is only open to participants who have an SMS-compatible mobile phone connected to a mobile phone network provider which permits SMS text messaging to the Service SMS Number. It is recommended that each participant checks with his individual mobile phone network provider in this regard. The mobile number from which each SMS is sent must not be withheld.
12. The quiz consists of two rounds: a qualifying round (the “Qualifying Round”) and a knock-out round (the “Knock-out Round”).
13. The Qualifying Round consists of 3 questions. Participants will only progress in the Qualifying Round and receive the next question upon answering the previous question correctly. The user must answer the questions correctly to accumulate points. Every correct answer will be rewarded 10 points. By answering all questions correctly, participants automatically advance to the Knock-out Round.
14. The Knock-out Round has a maximum of 3 questions, and answering a question incorrectly or after the deadline (where applicable) eliminates you from the round. The Knock-out questions are open question and the winner is the first participant to send in the correct answer to the last question. If no participant sends in the correct answer, the winner will be the participant who sends in the answer closest to the correct answer. If there is a deadline by which an answer must be received, this will be stated in the question that is sent via SMS to the participant.
15. The subscription service consists of 3 questions sent to you per week. The messages inform you of new quizzes played every week.
16. The cost of receiving each question for the Qualifying Round in the Quiz and as part of the subscription service is S$4.00. Questions in the Knock-out Round are free of charge. The cost for sending each SMS answer for the purposes of the Service will be at the prevailing rate charged by the respective mobile phone network provider and shall be the responsibility of the participant. If any mobile phone network provider applies a surcharge for sending or receiving a (premium) SMS, this will be in addition to the prevailing SMS costs. Participants will need to check with their mobile phone network provider to determine if there are additional costs incurred in addition to the prevailing costs. Marketing messages from WIXAWIN or third parties via SMS will be sent free of charge.
17. There is no restriction on the number of times an individual, including winners, may enter the quiz. However, each mobile phone number is eligible for only one place in the Knock-out Round.
18. Winners will be contacted at reasonable times via telephone call to their mobile telephone number. If winners do not answer their phone after two attempts, the prize will be allocated to the participant in second place. The winners of all Text and Win Subscription Services will be announced on this website.
19. WIXAWIN reserves the right to use the winners’ names, photos and images for publicity purposes, including in print, broadcast and online media.
20. Prizes will be awarded within 28 days of the closing date for the quiz round. Prizes must be claimed in person unless WIXAWIN has agreed otherwise.
21. Participants can choose to opt out of the quiz and subscription service at any time. To do so, please send a text message stating “stop” to 72233. By doing this you will opt out of the quiz and subscription service.
22. There are no other obligations, such as an obligation to purchase goods or services, connected to participation in the Service.
Rights of WIXAWIN
23. The determination of the winner by WIXAWIN will be final and binding. There will be no right of appeal and no correspondence will be entered into.
24. If for some reason beyond WIXAWIN's control, it is not possible to supply the prize as advertised, WIXAWIN will supply a substitutable item of equal or greater value.
25. WIXAWIN makes no warranties or representations whatsoever with respect to the prize and shall not be responsible or liable for any problems and/or damage thereto or arising there from.
26. Winners are solely responsible for the collection of their prize, and WIXAWIN and its employees, agents, and service providers shall have no liability to the winners in respect of the collection of the prizes.
27. Prizes must be claimed within the specified deadline as stipulated by WIXAWIN. Should the winner not contact WIXAWIN within that time period, it will be assumed without any further notice that the winner wishes to forfeit any and all claims to that prize. The unclaimed prize will be dealt with thereafter in accordance with the sole and absolute discretion of WIXAWIN.
28. WIXAWIN reserves the right to request written proof of residency and of the age of any winner before the prize is collected.
29. WIXAWIN reserves the right to revoke prizes if the winner does not meet any or all of the eligibility requirements (as stated in s/no. 23-29 above), or if the winner does not adhere to any of the Terms and Conditions, even if the winners’ names have been announced on this website.
30. If for any reason this Service is not capable of running as planned including infection by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of WIXAWIN which corrupts or affects the administration security, fairness, integrity or proper conduct of this Service, WIXAWIN reserves the right to disqualify any participant who tampers with the entry process, and to cancel, terminate, modify or suspend the Service subject to the approval of the relevant authorities, if any.
31. WIXAWIN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems of the phone or of any phone network, or any combination thereof, including any injury or damage to participants or any other person’s phone related to or resulting from participation in or sending or receiving of any communication of any materials in this Service.
32. By entering the Service, the participant expressly consents to the collection of the participant’s personal information submitted with his/her entry for the Service, by WIXAWIN, its employees, agents and/or service providers for the purposes of conducting and administering the Service, as well as future use in any media by WIXAWIN, or any other third parties that WIXAWIN provides such personal information to, for promotional, marketing or publicity purposes without further reference or consent from the participant, including sending the participant further electronic messages. By entering the Service, the participant also expresses consents that information once submitted automatically becomes the property of WIXAWIN. This includes mobile phone numbers and email addresses. WIXAWIN reserves the right to disqualify any participant or revoke the prize of a winner if the participant or winner does not truthfully provide all requested personal information.
33. By entering the Service, the participant expressly releases and agrees to keep WIXAWIN indemnified from any claim, cost, demand, tax, liability or damage suffered or incurred by WIXAWIN or its directors, employees or agents, arising directly or indirectly out of entry into the Service.
34. WIXAWIN is not responsible for entries that are received late or after the deadline for a response, or entries that are incomprehensible. Proof of sending the SMS by the participant is not proof of receipt by WIXAWIN.
35. WIXAWIN is not responsible for any tax implications that may arise from winning a prize in the Service. All taxes in connection with the prizes are the sole responsibility of each winner. All winners should seek independent financial advice about such matters.
36. WIXAWIN reserves the right to amend, revise, update, limit or extend these Terms and Conditions at any time without prior notice. It is therefore important for all participants to regularly check these Terms and Conditions. A participant’s participation and continued participation in the Service will constitute acceptance of these Terms and Conditions and the amendments thereof.
Final Provisions
37. Together with other terms and conditions sent by SMS to you in the course of the Service, these Terms and Conditions constitute the entire agreement between you and WIXAWIN.
38. This Service and these Terms and Conditions shall be governed by Singapore law.