TERMS AND CONDITIONS FOR "RECIPE FOR MAGIC 2023 BUY AND WIN PROMOTION”
The following terms and conditions (“Terms and Conditions”) apply to the “RECIPE FOR MAGIC 2023 BUY AND WIN PROMOTION” (“the Promotion") and by participating in the same you are deemed to have read, understood, and accepted the same.
Organization, Duration, Eligibility and Entry
1. The Promotion is organized by Coca‑Cola Central, East and West Africa Limited (“Sponsor”), Nairobi Bottlers Limited, Almasi Bottlers Limited, Equator Bottlers Limited and Coastal Bottlers Limited (hereinafter together referred to as “the Organizers").
2. All employees, contractors and immediate family (spouse, parents, siblings, children, and household members) the Organizers, PricewaterhouseCoopers Limited (PwC, Kenya), Safaricom PLC, Metal Crowns Limited, Hill & Knowlton East Africa Limited, EXP Momentum Kenya, Giftchain Africa Limited, Southwell Solutions Africa Limited, and Betting Control and Licensing Board including their respective parent companies, subsidiaries, affiliates, agents and any other supplier or third party involved in the development, facilitation or execution of this Promotion and their immediate families and dependants shall not be eligible to participate in this Promotion.
3. By participation in the Promotion, the entrant fully and unconditionally agrees to and accepts these Terms and Conditions and the decisions of the Organizers which are final and binding in all matters related to the Promotion.
4. The Promotion will run from 01st March 2023 up to 31st May 2023. However, the Redemption window will be open until 30th June 2023, except airtime and cash prizes – which shall be redeemed instantly subject to clause 12 below.
5. To be eligible for participation in the Promotion, participants must have attained the age of eighteen (18) years or older at the time of entry.
6. To Enter the Promotion, participants must:
a. Purchase Coca‑Cola®, Fanta® and/or Sprite® in the 1Lt Returnable Glass Bottle, 1Lt PET,1.25Lt PET and 2Lt PET bottles which will be identifiable by a lime green crown.
b. Check under the crown for an eight (8) digit alphanumeric (ANN) code under the crown of the bottle, which consumers will activate by sending an SMS to the short code number 40111 thereby entering a draw.
Prizes
7. Participants in the draw stand a chance to win the following prizes:
a. Grand Prize of Shopping for a Year worth KES 120,000 disbursable as an e-voucher
b. Shopping Vouchers worth KES 2,000
c. Instant Airtime in the amount of KES 10, KES 20, KES 50, KES 100 in either Airtel, Safaricom or Telkom mobile networks.
d. Instant Cash in the form of mobile money - in the amount of KES 10, KES 20, KES 50, KES 100 KES 200, KES 500, or KES 1,000 to be sent via either M-PESA, Airtel Money or T-Kash.
Identification of winners and prize disbursement
8. Winners of Free Shopping for a Year will be required to present the Winning Crown and their original identification card/passport before they receive their prize. The Winning participants identification documents will be verified for authenticity.
9. Airtime winners will receive their Airtime through third-party fulfilment within 48 hours of official notification of win; and
10. Cash prize winners will receive their cash through third-party fulfilment within 48 hours of official notification of win via the applicable mobile money platform.
11. Shopping Vouchers prize winners will receive their e-vouchers through third-party fulfilment within 48 hours of official notification of win.
12. The Grand Prize and Shopping e-vouchers will be disbursed by a third-party merchant - GiftPesa - and the Grand Prize Winner shall be bound by the terms of use available at https://giftpesa.com/ for review. Winner shall be solely responsible for redeeming the voucher by purchasing items at their preferred point of purchase subject to its availability under GiftPesa’s catalogue.
13. The Grand Prize and Shopping e-vouchers may only be won once, and winners of either prize will be ineligible to win another e-voucher in the Promotion.
14. Each e-voucher is valid for a period of 365 days from the date of issue and must be used within its period of validity. The Organisers shall not accept any liability for non-use of the e-voucher and will not extend the validity of any e-voucher granted.
15. The prizes in this Promotion are non-assignable, non-transferable, not exchangeable and are redeemable only in the Republic of Kenya.
16. In the event that there are any taxes applicable to the Prizes, the Organizers will deduct the tax and remit it to the relevant authority as is required by law.
17. Entry and participation in the Promotion constitutes entrant’s consent for the Organizers and their designees to use entrant’s name, image, prize information, likeness and county of residence in the marketing activities related to the Promotion in any media without further consideration for the duration of the campaign and 3 months after conclusion of the same. The Organisers may further require that any of the winners be appear on radio and television or in any other media or event as determined by the Organizers in relation to the receipt of the prizes for the duration of the campaign and 3 months after conclusion of the same.
General rules of the promotion
18. All Prizes must be claimed within the period of the Promotion, subject to clause 4 of these Terms and Conditions. The Organizers in consultation with the Betting Control and Licensing Board maintain the discretion to select an alternate participant from the draw if a winner fails to claim their prize or is otherwise unable to claim the prize.
19. The Organizers in consultation with the Betting Control and Licensing Board reserve the right to re-draw the cash, airtime, and grocery voucher instant rewards if there have been at least 3 unsuccessful attempts to deposit winning amount to the customer’s phone.
20. The Organizers in consultation with the Betting Control and Licensing Board may nullify any prize to any participant in the event of fraud, dishonesty or non-eligibility under these Terms and Conditions.
21. The Organizers in consultation with the Betting Control and Licensing Board reserve the right to amend and adjust the Promotion format and timings as they deem fit and shall communicate the same as necessary.
22. Although the Organizers have used reasonable efforts to ensure that all information and materials relating to the Promotion are accurate, they shall not be liable for any inaccuracy or errors in such information and/or material. The Organizers, their agents and sub-contractors will also not bear responsibility for any loss or damage to a participant, whether caused by self or any third party, arising from matters outside the control of the Organizers, their agents and sub-contractors including but not limited to force majeure events such as acts of God, computer viruses, power outages; lockdowns, epidemics/pandemics etc.
23. In case of any queries or concerns on the Promotion, participants should call the Customer Care numbers +254 709 183 111.
24. Release and Limitations of Liability: Except where prohibited, by participating in the Promotion, entrants agree to release and hold harmless the Organizers, PricewaterhouseCoopers Limited (PwC, Kenya), Safaricom PLC, Metal Crowns Limited, Hill & Knowlton East Africa Limited, Southwell Solutions Africa Limited, and Betting Control and Licensing Board and their respective parents, subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of each of them (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to: (a) failure to award any component of a prize due to Covid-19 restrictions or the occurrence of any similar public health emergency; or (b) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt, use or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
25. By entering the Promotion, all participants and winners agree to be bound by these Terms and Conditions which will be subject to interpretation by the Organizers and the Betting Control and Licensing Board, whose interpretation shall be final and binding.
26. The Organizers reserve the right to amend, modify or change these rules at any time during the Promotion and/or to terminate the Promotion entirely, which amendment, modification, termination or change of these rules or of the Promotion shall be subject to consultation with the Betting Control and Licensing Board.
27. Data Protection: In order to facilitate the Promotion and for marketing communications, the Organizers may process personal information relating to identified or identifiable natural persons, i.e. personal data, who participate in the Promotion. The Organizers will process this personal data in accordance with the Coca‑Cola Privacy Policy – available for review here, and in accordance with data protection requirements under the Kenyan Data Protection Act, Act No. 24 of 2019.
28. All participants further warrant and represent that they have read and understood these terms and conditions and agree to be bound thereby.
29. The Promotion is conducted subject to the Laws of the Republic of Kenya. The Promotion remains subject to the provisions of the Betting Lotteries and Gaming Act, Chapter 131 of the Laws of Kenya (the Act) and any disputes arising shall be resolved in accordance with the provision of the Act.
30. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
CAUTION: The Organizers do not require participants to send cash, airtime credit or other consideration to receive any of the prizes and will not be responsible for any loss or damage incurred by any person who fails to pay heed to this notification.