RULES OF THE SMS PROMOTIONAL GAME (the “Rules”)
All participants in du’s SMS & IVR promotional game (“Subscribers”), known as Mega Win (the “Game”) are subject to these Rules. du reserves the right to vary, amend or withdraw these Rules. du will publish these Rules, and any revisions to them, on the website, at www.du.ae.
1. Scope of the Game
1.1 With every SMS sent to the Short Code 1000 or 9285 and/or every call placed to the toll free IVR number 055 5678 150 or every call received from the toll free IVR number 055 5678 150 accompanied by the predefined action (pushing  on receiving handset dial pad) all eligible Subscribers will be entitled to enter into the Game. The Game allows Subscribers to play a trivia game from their mobile phone handsets and become eligible to win prizes. The fee for each SMS to the Short Code 1000 will be AED 3. Each SMS to the Short Code 9285 is free of charge. Dialing in to or receiving calls from the IVR number 055 5678 150and executing an action (pushing the requested dial) to confirm entry to the Game is toll free while every predefined action executed by the Subscriber for the specific purpose of answering the trivia questions (e.g. pushing  on their dial pad after hearing a question) will be charged AED 3/action.
2. The Organizer of the Game
2.1. Emirates Integrated Telecommunications Company, PJSC (du), having its office at Dubai Media City, Al Salam Tower, PO Box 502666, Dubai, United Arab Emirates.
3. Term of the Game
3.1. The Game has commenced on the 7th of November 2012 for an initial term up to the 1st of January 2013 (Initial Term). The Initial Term has been extended for an additional period starting on the 23rd of January and will now end on the 9th of March 2013 (Extension). Together the Initial Term and Extension will be collectively referred to as the Term. Please check online at www.du.ae for more details.
4. Acceptance of the Game terms and conditions
4.1. All subscribers agree that they have read, understood and accepted these Rules as made available by du on the website, at www.du.ae.
4.2. By sending an SMS with the keyword “WIN” or other accepted keywords to the Short Code 1000 (charged AED 3) or 9285 (free of charge), or by dialling in to the IVR number 055 5678 150 free of charge or by receiving calls from the IVR number 055 5678 150 and executing the predefined action for confirming entry to the Game (pushing  on their dial pad) ( free of charge) each Subscriber provides their complete acceptance of these Rules and agrees:
5.2.2 to receive via SMS and/or IVR calls communications from du about the Game;
5.2.3 to receive via SMS and/or IVR calls advertising offers from du or the authorised agents of du during the Game until the prizes have been awarded; and
5.2.4 to receive SMS and/or IVR calls from du regarding any new offers or promotions.
4.3. In the event of a dispute regarding these Rules, conduct, results, and all other matters relating to the Game, the decision of du shall be final and no correspondence or discussion shall be entered into.
4.4. This agreement between du and a Subscriber will remain in full force and effect while du is conducting the Game (including any temporary suspensions of the Game for operational reasons, e.g. for planned maintenance or upgrades).
5. Who can participate in the Game
5.1. The following are eligible to participate in the Game:
5.1.1. Natural persons (other than du employees or contractors and their close relatives and spouses), who are subscribers of du during the Term. If the winner is below the age of 18, then at the delivery date of the prize, the winner’s guardian must collect the prize and must produce his/her ID as well as a certification proving that he/she is the guardian.
5.1.2. Legal entities having a valid and unsuspended contract for telecommunication services with du during the term of the Game. The authorized signatory on behalf of the legal entity will be entitled to receive the prize. du may update the ID requirements at any time and will notify such changes on the website, www.du.ae.
5.1.3. du reserves the right to disqualify any Subscriber if it has reasonable grounds to believe such Subscriber has breached any provision of these Rules.
5.1.4. By participating in the Game, Subscribers hereby warrant that all information submitted is true, current and complete.
5.1.5. It is assumed that the person or legal entity, that uses the SIM card to send SMS to the short code 1000 or 9285, make calls to and/or interact on the IVR number 055 5678 150 is the owner of the SIM card, or an authorized user.
6. Availability and accessibility of information and drop-out mechanism
6.1. All information regarding the Game shall be published on du website, accessible at the URL: www.du.ae/megawin and will also be available by sending a request to the email address, mega.win @du.ae.
6.2. Information about the number of points scored by Subscribers during the Game will be sent to Subscribers via SMS automatically during the Game. In order for Subscribers to know their total score at any point in time, they can send a SMS with the keyword “SCORE” in English or “رصيد” in Arabic to the Short Code 9285 free of charge.
6.3. Subscribers can opt-out from the Game at anytime by not responding to the final question received. Subscribers can again opt-in or resume participation in the Game at any time by sending a new SMS message to the Short Code 1000.
6.4. Each Subscriber can opt-out of the Game and any related communication messages (the “drop-out”) and stop receiving any information about the Game by sending an SMS with keyword “STOP” in English or “قف” in Arabic to the Short Code 9285 free of charge. At any time, Subscribers can choose to become a registered participant in the Game again by sending a new SMS to the Short Code 1000 or 9285.
6.5. If the Game is terminated or suspended, du will publish a message announcing such termination on the website, accessible at the URL: www.du.ae/megawin.
6.6. Interruption or early termination of the Game shall not release du from its obligation to give out already declared prizes until such interruption, except for the cases when termination or interruption of the Game was as a result of actions or events which are not under du’s reasonable control.
6.7. du shall not release personal information about Subscribers to third persons, unless: i) required to do so by law or ii) to comply with orders or instructions by the applicable UAE regulatory or government authorities, or iii) if the Subscriber has first given his/her consent, and iv) in accordance with paragraph 13 of these Rules.
6.8. du reserves the right not to enter into written negotiations or otherwise contact Subscribers other than in accordance with these Rules or as may be set out in any applicable laws of the United Arab Emirates (“UAE”).
6.9. du reserves the right to make available free short codes throughout the duration of the Game for any purposes.
7. Rules relating to participation in the Game
7.1. In order for a subscriber to participate or register, he/she:
a) should send a SMS to the Short Code 1000 at a price of AED3 per SMS irrespective of the content of the SMS (even a blank sms), or
b) should send a SMS to 9285 at no costs irrespective of the content of the SMS (even a blank sms), or
c) should call the IVR number on 055 5678 150 free of charge, or
d) receive calls from 055 5678 150 and execute the predefined action (pushing  on their handset)free of charge.
e) Participants of du’s earlier he SMS Mega Win Game which ran from May 24th 2012 to September 15th 2012 may be offered the opportunity to enter the Game via different mechanics such as by answering a trivia question offering points for the prizes.
7.2. Once the Subscriber enters the Game via SMS on 1000 or 9285, he/she will receive a welcome message containing the Game details and a 2nd message with a question and 2 possible answers (one answer is correct and the other wrong). The Subscriber can then answer the question by sending a SMS with the answer (which will be a numerical answer) to the Short Code 1000 at the cost of AED 3 per SMS.
7.3. Once the Subscriber enters the Game via IVR on 055 5678 150 he/she will be served a welcome message containing useful information about the Game and will then be served their first question and two answer options (one is correct and the other wrong). The Subscriber can then answer the question by executing the predefined action (e.g. pushing  on their handset) at the cost of AED 3 per action executed on their handset after hearing a trivia question.
7.4. All the messages sent to Subscribers from du’s SMS server are free of charge for Subscribers and all calls placed by the IVR system are toll free until such time as the Subscriber answers questions by submitting numerical inputs from his/her dial pad within the Game play.
7.5. For each correct answer to the question, the Subscriber will receive points, which will be added up against their Game account during the Game in a single subscriber profile equally accessible via the SMS and/or IVR channels. The points for each correct answer to the question will be added in two modes:
7.5.1. Basic Mode: In basic mode, the Subscriber receives 20 points for each correct answer. Wrong and invalid answers will receive 10 points.
7.5.2. Bonus Phases: There will be bonus phases where the Subscriber will receive more points than the Basic Mode for the correct answers. In all cases these bonus phases will be communicated to Subscribers via SMS or via IVR. These phases can last from half an hour to one day and will be equally accessible to all Subscribers.
7.6. According to the Subscriber’s interaction with the Game, different incentives with various point schemes or extra prizes may be promoted by du via SMS or via IVR.
8. Place, date, time and order of the prizes
8.1. The same Subscriber number (MSISDN) cannot win the same type of prize (daily prize, weekly prize etc) more than once during the Term.
8.2. The formation of Subscribers’ record for the whole period of the Game will start at 00:00:01 hours on the first day of the Game and end at 23:59:59 hours on the last day of the Game.
8.3. The winners will be selected by an electronic system either via draws or from the top scorers.
8.4. All Subscribers who have been registered and participated in the promotion during the Initial Term will now be able keep their profile status ‘Active’ and keep the points transferred during the entire length of the Term.
8.5. Daily prize
8.5.1. Two daily winners are determined every day during the Term (Sunday to Friday) – one via a draw and the other via the top scorer mechanism. The records shall consist of entry sets corresponding to the total points, earned by each Subscriber until that day (23:59:59).
The daily draw:
During the Game each point earned for the answers is assigned to a unique entry/raffle in the database of the Subscribers. For example, 20 points received for the correct answer entitles a Subscriber (MSISDN) to 20 entries. Each draw will determine 1 winner.
The daily top scorer:
The prize is awarded automatically without a draw to the scorer who has earned the highest points up to the end of the day. In the event there is more than one Subscriber with the same points for the period of a day, the winner will be selected based on the number of questions attempted and/or answered, i.e. a Subscriber who has provided more answers will be considered as the Winner.
Eligible Subscribers are those who have won any amount of points during the corresponding day. Each daily winner wins AED 5,000 in cash. The winners will be contacted by du or its authorized partners to arrange the wire transfer of the cash prize to the designated bank account subject to applicable terms of the nominated bank.
8.5.2. The winner is also notified by du via SMS or phone call to their Subscriber number. du will endeavor to notify the winner within 15 calendar days from the date of the draw. The name and initials, or name of the organization, of the winners may be announced by newspaper advertisements or via SMS and/or IVR calls to all the subscribers included in the record. If the prize is not collected within 60 days of notification, it will be automatically forfeited and the winner will have no rights as against du.
8.5.3. Subscribers are eligible to transfer their points from the beginning of the Game for any particular prize.
8.5.4. One winner cannot win more than one daily prize during the Term. In other words, if a winner has won a daily prize (whether via draw or via the top scorer mechanism) he/she is automatically ineligible for the remaining daily prizes of the Game regardless of their respective winner selection mechanism. A daily winner can win a weekly prize and/or a grand prize.
8.6. Weekly prize
8.6.1. The weekly winner is determined every week (every Saturday for the preceding week from Sunday 00:00:00 hours to Saturday 23:59:59 hours, excluding Saturday the 29th of December 2012 and Saturday the 9th of March, on which the grand prizes are drawn) via the top scorer mechanism. The record consists of entry sets corresponding to the total points, earned by each Subscriber from the beginning of the Game until the end of that week (weeks are defined from Sunday 00:00:00 till Saturday 23:59:59). Eligible Subscribers are those who have won any amount of points during the corresponding week. The prize is awarded automatically without a draw to the scorer who has earned the highest points up to the end of the week. Each weekly winner wins AED 50,000 in cash. The winners will be contacted by du or its authorized partners to arrange the wire transfer of the cash prize to the designated bank account subject to applicable terms of the nominated bank. In the event there is more than one Subscriber with the same points for the period of a week, the winner will be selected based on the number of questions attempted and or answered, i.e. a Subscriber who has provided more answers will be considered as the Winner.
8.6.2. The winners are notified by du via SMS or phone call to their Subscriber number. du will endeavor to notify the winner within 15 calendar days from the date of a decision. du will also inform the winner on the process for the collection of the prize. The name and initials, or name of organization, of the winner may be announced by newspaper advertisements or via SMS and/or IVR calls to all the subscribers included in the record. If the prize is not collected within 60 calendar days of notification, the Winner risks forfeiture of prize and any rights or claims against du.
8.6.3. Subscribers are eligible to transfer their points from the beginning of the Game for any particular prize.
8.6.4. One winner cannot win more than one weekly prize. A weekly prize winner can win a daily prize and / or a Grand prize.
8.7. Grand prize
8.7.1. The winner of the grand prize of the Initial Term is determined on Saturday 29th of December at 23:59:59 via a draw. The winner of the grand prize of the Extension is determined on Saturday the 9th of March at 23:59:59 via a draw. The records shall consist of entries corresponding to the total points Subscribers have accumulated till that specific day and time. During the Game each point earned for the answers is assigned to a unique entry/raffle in the database of the Subscribers. For example, 20 points received for the correct answer entitles a Subscriber (MSISDN) to 20 entries; 100 points entitles a Subscriber to 100 entries for the draw of the prize. The grand prize for the winner during the Initial Term is a BMW 640i Gran Coupé. The grand prize for the winner during the Extension is AED 100,000 in cash.
8.7.2. Only Subscribers who have at least 30 points during the Game will be considered as eligible to participate in a grand prize draw.
8.7.3. The winner is notified by du via SMS or phone call to their Subscriber number. The winner will be notified within 15 calendar days from the date of the draw. du will also inform the Winner on the process for the collection of the prize. The name and initials, or name of the organization, of the winners may be announced by newspaper advertisements or via SMS and/or IVR calls to all the Subscribers included in the record. If the prize is not collected within 60 calendar days of notification, the Winner risks forfeiture of prize and any rights or claims against du.
8.7.4. A grand prize winner can win only one grand prize during the Term, which means he/she cannot win the grand prize during the Initial Term as well as the grand prize during the Extension.
8.8. Extra prizes
8.8.1. Extra prize winners are determined on specifically predefined days of the Term via a draw while the extra prizes won vary between an Apple iPad 4, Apple iPhone 5, Ferrari World experience for two, Sony Playstation 3, Dubai Mall gift voucher worth AED 2,000 or a Samsung 40 inch LED TV. Exact prize dates and extra prizes will be communicated to participants via SMS. The records shall consist of entry sets corresponding to the total points, earned by each Subscriber until the end of each corresponding day (23:59:59). Eligible Subscribers are those who have won any amount of points during the corresponding day.
8.8.2. The winners will be notified by du via SMS or phone call to their Subscriber number. The winner will be notified within 15 calendar days from the date of the corresponding draw. du will also inform the winner on the process for the collection of the prize. The name and initials, or name of the organization, of the winners may be announced by newspaper advertisements or via SMS and/or IVR calls to all the Subscribers included in the record. If the prize is not collected within 60 calendar days of notification, the Winner risks forfeiture of prize and any rights or claims against du.
8.8.3. Subscribers are eligible to transfer their points from the beginning of the Game for any particular prize.
8.8.4. One winner cannot win more than one extra prize. An extra prize winner can win a daily prize, a weekly prize and / or a Grand prize.
9. Terms of the prizes
9.1. All prizes will be awarded within 60 days from the last day of the Game.
9.2. The exact date and place of the distribution of the prizes will be communicated to winners by du.
9.3. The winners shall be responsible for the payment of any taxes for the prizes under the applicable regulations and laws of the UAE.
9.4. The winner will be notified via phone calls to their Subscriber number. After validating the winner’s details, the winner will be sent a confirmation SMS which will contain a unique PIN code. Subscribers need to validate the PIN prior to the collection of the prize and only those Subscribers who are able to validate the PIN will be considered as the winners. The PIN code must be presented at the corresponding store in order to collect the prize. A Subscriber can check if she/her is a winner or not by sending the keyword “PIN” to the Short Code 9285 free of cost.
9.5. The winners must confirm in writing that they are the legal owner of the du’s mobile account and that they are entitled to receive the prize and shall complete all the necessary documents as may be required by du. The winners will be required to complete and sign the winner acknowledgment form. All winners must provide identification documents in order to receive the prizes. Prizes may be received by a representative of the winner by proxy upon written confirmation from the winner.
9.6. The organizers will use its best endeavors to make sure that the winners are contacted within 60 days from the date of the draw.
9.7. The cash prizes will be awarded to the winners via wire transfer to the winner’s nominated bank account subject to applicable terms of the nominated bank. The Grand Prize of the Initial Term (BMW 640i Gran Coupé) will be awarded to the winner within 60 days from the last day of the Game but will only be available for collection by the winner as notified by du based on availability of stock held by the BMW dealership selected by du.
9.8. All and any costs related to the delivery and ownership of the car such as insurance and registration fees will be borne by the winner only.
9.9. By participating in the Game, the winners agree that any of their data, including names, surnames, photos and video images, can be used by du for advertising purposes with no additional consent of the winner and free of costs.
9.10. Decisions made by du in respect to the Game, prizes etc will be final and no correspondence will be entered into. Prizes are not transferable or redeemable for cash.
9.11. The winners cannot make any request for choice of color or material for the Grand prize of the Initial Term (BMW 640i Gran Coupe). The prize, as awarded by the organizer will be final. A winner’s request for modification must be taken up directly with the representatives of BMW (dealers as the case may be) at her/ his expenses and the organizer shall not be responsible for the winner’s decision or disappointment or any outcome thereof.
10. Limitation of liability
10.1. If a Subscriber breaches any of these terms, du will not be responsible for any losses that the Subscriber or a third party suffers as a result.
10.2. du accepts no responsibility in respect to technical or operational failure relating to the Game, including without limitation, for any error, omission, interruption, defect, delay in operation or transmission, communications line failure when it is not under its direct control and execution.
10.3. du reserves the right to whenever is deemed necessary temporarily suspend the Game (e.g. operational reasons such as for repairs, planned maintenance or upgrades). The Organiser shall endeavour to restore the Game as soon as possible after any temporary suspension period.
10.4. du holds no responsibility or liability for any third party vouchers or products offered to Subscribers under the Game.
10.5. In the event that a participant is below the age of 18, the participant may enter the Game upon express parental or legal guardian consent. du and any third parties with whom du might co-operate for the implementation of the Game are not responsible for participants below 18 years old who participate in the Game, whether with or without parental or legal guardian consent.
11. Disclaimer of warranties
11.1. Subscribers understand and agree that they participate in the Game at their own risk and willingness and have not been coerced in any manner to enter the Game.
11.2. Whilst all efforts have been made to validate the accuracy of the questions used in the Game, no warranty is made about the accuracy. The questions are based on information available on public forums at the time that they are compiled. The questions are not intended to upset nor offend any person or groups of persons or legal entities.
11.3. du makes no warranty, implied or express, that any part of the Game will be uninterrupted and error-free.
11.4. du or its authorised agents holds no responsibility for cancellation, extension or curtailment of the Game.
11.5. du does not provide any warranty regarding the prizes and is provided ‘AS IS’.
11.6. du is not responsible for:
11.6.1. any technical problems or malfunction of:
11.6.2. any telephone network or lines;
11.6.3. computer on-line systems;
11.6.4. servers; or
11.6.5. third party provider’s computer equipment;
11.6.6. software failure;
11.6.7. failure to receive any SMS or calls or entry on account of technical problems or traffic congestion on the telephone lines or at any web site; or
11.6.8. any damage to a participant’s or any other person's mobile telephone related to, or resulting from, participating in the Game or downloading any materials in respect to the Game.
11.7. Neither du nor any of its directors, employees, agents or suppliers shall accept any responsibility for any damage, loss, death, personal injuries or disappointment (“Losses”) suffered by a Subscriber or a participant. By entering the Game, all participants agree that no claim relating to such Losses (including special, incidental, indirect and consequential losses) will be made against du, its parent companies, affiliates, directors, officers, employees, agents or suppliers.
12. Data protection and Publicity
12.1. du shall collect, store, protect and share personal information (such as the name, mobile number, voice, images and any other personally identifiable information) of the Subscribers in connection with the Game and shall protect such information in accordance with the laws of the United Arab Emirates. As a Subscriber and/or winner, all Subscribers consent to du’s right to publish and or use such personal information for advertising and other media (print and electronic) purposes at no fees. Subscribers agree to provide authorization or releases in the forms to be provided by du at any time.
12.2. Subscribers agree that if they win a prize then their first name, the first letter of their last name and the last 4 digits of their mobile number will be published for informational purposes only.
13. Governing Law
13.1. All and any Subscriber complaints will be dealt with by du at its discretion in accordance with the laws of the Emirate of Dubai and the Federal laws of the UAE.
14. Proprietary Rights
14.1. Subscribers must not to use or misuse any third party trademarks or intellectual property rights (such as the brand name BMW, Ferrari, Apple, Sony, Samsung or others) without the express written consent of the relevant proprietors.