MTN Pulse

Pulse Digital Army Terms and Conditions

The Pulse Digital Army (the “activation”, “PDA“) is built on the premise of driving communication and education of both new and existing products and services at the last mile, leveraging social media networks.

The PDA plans to drive consistent and unified communication of youthful MTN propositions and campaigns across social networks, championed by campus representatives nationwide. It is safe to say that with the new normal, everyone (especially youths) now live online.

The Pulse Digital Army (PDA) will be made up of 50 social savvy students with a cumulative following of 10,000 on any 3 social media platforms (Instagram, Facebook, Twitter, WhatsApp, TikTok) from higher institutions across the regions.

In this Terms and Conditions (“Terms”), where the context so admits:

“Designated Online Platform” shall refer to the Pulse page on the MTN website www.mtnonline.com/pulse with an embedded Form.

“Entry/Entries” shall refer to any content uploaded by a Participant on the form embedded on the Pulse webpage.

“MTN/We/Us” shall refer to MTN Nigeria Communications Plc;

“Participant(s)” shall refer to every eligible individual in Tertiary Institutions in Nigeria who indicates interest and participates in the activation. Employees and relatives of MTN, and Employees and relatives of MTN’s Partners and Vendors are prohibited from participating in the activation;

“Parties” shall refer to MTN Nigeria Communications Plc and the Participant(s) together; and

“Party” shall refer to MTN Nigeria Communications Plc and each Participant individually.

Personal Information” shall refer to any information relating to an identified or identifiable natural person, including those identified under clause 10 and as defined under the Nigerian Data Protection Regulation;

“Privacy Policy” shall refer to MTN’s privacy policy which is accessible at https://mtnonline.com/data-privacy-policy; and

You/Your” may also be used to refer to a Participant.

1. Binding Agreement

These Terms set out the contractual framework for participation at the different levels of the Activation from the selection process to when the winners are announced. Once accepted, it becomes a binding agreement between a Participant and MTN.

In order to participate in the activation, Participants must agree to these terms and conditions. You accept that you have read these Terms prior to submitting Your Entry to ensure You understand and You agree to be bound by these Terms. You agree that the submission of your information and agreement to be selected as a Pulse Digital Army member constitutes your acceptance of these Terms. These Terms form a binding legal agreement between You and MTN with respect to the Activation. All requirements within these Terms will be strictly enforced.

These Terms shall be read in conjunction with all official information about the activation on MTN’s website and MTN Pulse website (the “Website”) as well as any MTN designated online platform. These Terms shall supersede any conflicting information on the Website or MTN designated online platform.

2. Eligibility Criteria:

a. All valid Entries must be received through the Designated Online Platform.

b. Every submitted entry must adhere to the specified requirement and submit within the stipulated timelines.

c. Participant must currently be a Tertiary school student in Nigeria during the activation period as defined below.

d. Participants must be resident in Nigeria.

e. Participants must ensure that entries align with the specified requirements.

f. All Participants must indicate consent to and/or sign these Terms by themselves and any additional document to be provided by MTN at the different levels of participation in the activation.

3. MTN Pulse Digital Army Period:

The activation shall commence for 6 months from April 2022 till September 2022 (“Activation Period”).

4. How to Participate

To participate in the Activation, visit the Website during the “Call for Entry” period and follow the instructions for submitting the Entry.

5. Entries:

All Entries shall be reviewed by a panel of judges together with MTN representatives. The top fifty (50) students who fit the criteria shall be selected by an in house team and included in a WhatsApp group.

6. General Conditions

a. All relevant regulations apply.

b. MTN reserves the right to disqualify Your Entry from the activation if, in MTN’s sole discretion, MTN reasonably believes that You have attempted to undermine or actually undermined the legitimate operation of the activation by cheating, deception, plagiarism, passing off or other unfair playing practices or threatening or harassing or inducing any other influencer, MTN, or the judges.

c. You acknowledge that the submission of Your Entry in to the Activation is without any guarantee or assurance of any sort or for reward to You and/or any compensation for any fees that may have been incurred by You in submitting Your Entry.

d. You agree and understand that you shall have no claims against MTN whatsoever in connection with Your Entries. Any participation in the activation is entirely at Your own risk and in no event shall MTN be liable for any direct, indirect, incidental or consequential damages.

e. Subject to the foregoing, we reserve the right to change these Terms at any time without notice. By continuing to participate in the activation, You will be deemed to have accepted these and any varied terms and conditions which may be posted on the Designated Platform.

f. MTN reserves the right to cancel the activation at any time for any reason whatsoever in its sole and absolute discretion without any obligation to furnish any reasons or provide any compensation.

7. Acceptance of Entries:

Entries are void if they are in whole or part illegible, inaccessible or partially accessible, inaudible or partially audible, incomplete, altered, counterfeit, in a non-text format, or submitted outside the activation Period. During the activation Period, MTN, its agents, and/or the judges shall evaluate each Entry to ensure that it meets MTN’s requirements. MTN reserves the right, in its sole discretion, to disqualify Your Entry. If requested, You shall provide any such required document within three (3) days following a request by MTN, otherwise, You will be deemed to have withdrawn Your Entry.

8. Successful Participants

Winners will be selected by the panel of judges.

Successful Participants shall be notified and announced, by MTN, on their selection at least one(1) week before the actual activation commences. If requested by MTN, the Participant must provide any required document or information during and after the activation Period otherwise the Entry of the Participant shall be deemed to be withdrawn.

Subject to the foregoing, MTN reserves the right to change these Terms at any time without notice. By continuing to participate in the Activation, the Participant will be deemed to have accepted these Terms & Conditions and any varied terms and conditions which may be posted on the Website or circulated by MTN. MTN reserves the right to cancel the Activation at any time for any reason whatsoever in its sole and absolute discretion without any obligation to furnish any reasons and without any obligation to You.

8.1. Monthly rewards for winners/influencers may include: 75GB data bundle, shopping vouchers, Pulse gift items.

8.2. There is no alternative reward or cash alternative and reward cannot be transferred to any other person. We may alter arrangements or reward should this be deemed necessary by us. Rewards are not transferable.

8.3. The selection of winners for the activation is final, and at MTN’s sole discretion. No correspondence or discussion will be entered into by us in relation to this.

8.4. MTN via its designated personnel will make all reasonable efforts to contact influencer. If any influencer cannot be contacted or is not available within thirty (30) days after contacting the influencer or any such other time as communicated by MTN, the influencer will lose their reward.

8.5. MTN via its designated personnel may ask you to provide documentary proof of your identity and/or address and/or school and/or social media following before selecting you to be part of the PDA and award of the prize. The use of a false name or address or school or social media handle will disqualify you from being part of the PDA and receiving any prize.

9. Intellectual Property Rights

By submitting a Content or Entry in this activation, You warrant and represent that You own all of the intellectual property and proprietary rights in and to the Content. You shall indemnify MTN and its partners from any claims and liability whatsoever and howsoever arising in connection with an allegation of or actual breach of intellectual property or other proprietary rights to the Content.

The Participants shall retain ownership and control of the Content.

By accepting the terms and conditions, You confirm that You grant MTN the license to make use of your submitted content on all MTN social media, any social media platform and traditional media channels (Publicity and post event leveraging) without further notice, compensation, consideration, review, or consent, and without regard to moral rights;

Additionally, You accept that MTN possesses all licensed rights over all content you upload on your social media handles regarding this activation and hereby indemnify and hold MTN harmless against any claim, loss or liability, howsoever arising in connection with the uploaded pictures.

Unless otherwise expressly stated herein, each Party shall retain their intellectual property relating to this activation and nothing herein shall constitute a transfer of intellectual property between the Parties,

The activation, the Website, the features within the Website and the Designated Online Platform, all related trademarks, logos, taglines, trade names, copyrights and all intellectual property and features within the activation are protected by intellectual property rights belonging to MTN or to our licensors. No license is granted to You in respect of any of these, except to the extent required for Your personal use of the Website or for submitting an Entry, in accordance with these Terms. MTN and any other MTN product are trademarks of MTN and You shall not be entitled to reproduce such marks without MTN’s prior written consent.

Privacy

MTN may collect certain Personal Information during the course of your sign up, submitting an Entry and, generally, in the course of the activation. Such information shall include but may not be limited to your name, location, mailing address, phone number, email address, school location, age, ,social media handles, interest, experiences. By accepting these terms and conditions you consent to MTN’s processing, storage and sharing of your Personal Information. All Personal Information shall be stored, processed and dealt with in line with MTN’s Privacy Policy.

The Personal Information collected by MTN shall be used for identifying you as a Participant during the activation as may be applicable, to facilitate appropriate profiling and engagements with the Participants during the Activation, for statistical purposes, contact purposes, and other ancillary purposes as well as in any other circumstance as prescribed by law or further to the purpose of MTN’s telecommunication business.

Participant also unequivocally consents to and grants MTN right to use such Personal Information to verify the Participant’s identity, and telephone number whenever required in the course of the activation.

Participants completely excludes and indemnifies MTN from any claims and liability whatsoever and howsoever arising in connection with malfunction of the entire activation portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Entry materials or Personal Information, due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the activation or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions or any other event beyond MTN’s control, which may limit your ability to participate.

This clause shall be read in conjunction with MTN’s Privacy Policy which sets out in full how your information shall be processed and also sets out your rights over your Personal Information.

10. Non-Disclosure and Confidentiality

Every information, content, event, or incident related to this activation “Confidential Information”) shall be treated with utmost secrecy and confidentiality by the Participant. Except where authorized by MTN in writing, no Participant shall disclose such Confidential Information) to any third party whatsoever.

Where Confidential Information is released to or accessed by any Participant in accordance with the requirement under this clause, such Participant shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of any data and Confidential Information; except upon the prior written authorization of MTN.

The provision of this clause shall continue to apply even after the cancellation or completion of the activation . The Participant shall erase or cause to be erased all Confidential Information of MTN and data released to or accessed by the Participant. The Participant shall provide a written confirmation of the aforementioned deletion to MTN.

Additionally, if so required by law or valid legal or regulatory process, the Participant may disclose such Confidential Information, but only following notice by the Participant to MTN of the requirement to disclose and reasonable cooperation with any attempt by MTN to maintain the confidentiality of such Confidential Information.

MTN may share Your details with its partners or service providers for the purpose of providing rewards on its behalf, and any sponsors or partners involved in this Activation.

11. Warranty and Indemnity

By participating in this activation, you warrant that all the information provided in your entry is accurate, every content (post or skit regarding an MTN campaign) you put out during the course of this activation is/are Your own original work and, as such, You are the sole and exclusive owner and rights holder of the submitted Content and that You have the right to submit the Content in the activation and grant all required licenses. You agree not to submit any Content that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) is already submitted, for whatsoever purpose, to a competitor of MTN; or (3) otherwise violates the applicable state, federal, local or provincial law.

To the maximum extent permitted by law, You indemnify and agree to keep indemnified MTN and its affiliates at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from Your actions, default or omission and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless MTN and its affiliates from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any Content or other material uploaded or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by You in connection with the Activation (c) any non-compliance by You with these Terms; (d) claims brought by third parties arising from or related to Your involvement with the Activation (e) misuse or participation in any activation -related activity or participation in this Activation (f) any malfunction or other problem with the Website or Designated Online Platform arising from your misuse of the Website; or (g) any error in the submission of Entry information. You further indemnify MTN and its officers, directors, employees, servants, agents or contractors or other persons against any loss, damage, liability, claim or demand by third parties in relation to Your breach of these Terms.

12. Elimination

Any false information provided within the context of the Activation by You concerning identity, school, age, address, telephone number, email address, social media handles and followership, ownership of right or non-compliance with these Terms or the like may result in Your immediate elimination from the Activation.

13. MTN Pulse Digital Army registration portal/channel:

MTN and its affiliates are not responsible for any malfunction of the entire activation portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed content or Entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the activation or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Your ability to participate.

14. Unacceptable Content

You shall not include cutouts or any parts from third party videos, or third party sound tracks on your social media posts. Your content should also not contain any programming that would cause harm to MTN network in any manner.

You understand and accept that the submission of any unacceptable content shall be a ground for Your automatic disqualification from the activation.

15. Right to Cancel, Modify or Disqualify

If for any reason the activation is not capable of running as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the activation, MTN reserves the right at its sole discretion to cancel, terminate, modify or suspend the activation. MTN further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the activation or the Website. Any attempt by a Participant to deliberately damage the Website, or undermine the legitimate operation of the activation is a violation of criminal and civil laws and should such an attempt be made, MTN reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.

16. Governing Law

These Terms shall be governed by, subject to, and construed in accordance with the laws of the Federal Republic of Nigeria.

17. Dispute Resolution

In the event of a dispute or conflict between the Parties in connection with or in relation to the Activation, these Terms or its performance, such dispute shall first be amicably settled as soon as possible at the senior management level of MTN by representatives of both Parties. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.

If the dispute is not resolved by formal negotiation as stated above within fourteen (14) Business Days of the notice of dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other equivalent accredited mediator to be appointed by the Parties. The Lagos Multi-Door Court House Model Procedure Rules 2007 shall apply. For the avoidance of doubt, in the event that the Parties are unable to agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated above.

In the event the dispute is still not resolved after fourteen (14) Business Days of its being referred to mediation as specified above, each Party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the Activation, its subject matter or formation.

18. Severability

If any of the provisions of these Terms are deemed not enforceable by law, all other provisions outlined in these Terms will still apply while the unenforceable provision will be severed herefrom.

19. Disclaimer

Except as expressly provided herein, MTN shall not be liable to any Participant for any liability or expenses, damages, or injuries suffered as a result or in connection with the Activation.

For more information about “MTN Pulse Digital Army Activation”, please reach out to us on any of the following channels:

Phone number: 180

Email: mtn.mpulse@mtn.com

Instagram: @mtnng

Twitter: @mtnng

20. General

MTN shall not be liable for any damage, loss or disappointment suffered by you taking part or not being able to take part in this Activation, or from being unable to claim your prize.

Insofar as is permitted by law, MTN, its 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 occurring as a result of taking up a prize except where it is caused by the negligence of MTN, its agents or distributors or that of their employees. Your statutory rights are not affected.