MTN Mobile Application Developer Competition Terms and Conditions:

1. Competition:
   
   Stand a Chance to win a trip to the Mobile World Congress 2012(the “Event/Final Prize”) in Barcelona taking place from the 27th February 2012 – 1 March 2012, by designing and building a mobile application (mobile app) for MTN, that is African- and Middle-Eastern inspired. (the “Competition”).
   
   
2. Competition:
   
   This competition is run by MTN Group Management Services (Pty) Ltd (“MTN/the Promoter”), Registration Number 2004/006943/07 for the purposes of promoting its soon-to-be-launched “MTN App Store”. MTN is challenging the developer community from around the world to create innovative mobile apps inspired by Africa and the Middle-East. MTN’s vision for the soon-to-be-launched “MTN App Store” is to have content that is relevant to the lives of our subscribers, and informed by the conditions in our communities. Your creations can deal with any facet of life in Africa and the Middle-East – from solving some of the continent’s most pressing challenges, to lifestyle and entertainment, or even social networking.
   
   
3. Promotional Competition Period:
   
   From 01 August 2011 to 31 December 2011 (the “competition period”),
   
   
4. Eligibility / Conditions of Entry:
   
   In order to be eligible to enter the competition, the entrant (you) must:
   4.1 Be of any age subject to any age restrictions that may be applicable in your country of residence ;
   
   4.2 Register for the competition on the MTN Mobile App Developer Competition website by providing the details requested and required by the Promoters to register for entry;
   
   4.3 Develop and build a mobile app in English, using the Android operating system (the “System”), that runs on at least Android 1.5 and complies with all technical and other criteria determined by the Promoter, and
   
   4.4 Submit/upload your mobile app on the MTN App Developer Competition website on http://www.mtnplay.com/appcomp, before the end of the competition period,
   
   PROVIDED THAT for an entrant to be eligible for the Final Prize, the entrant must
   a) have a valid passport and be available to travel;
   b) be legally eligible, in accordance with applicable laws, to travel alone without any requirement to have a guardian or similar assistance.
   
   4.5 MTN employees, and members of their immediate family, are not eligible to enter this competition.
   
   
5. Criteria to be Used for Apps to be eligible for Entry into the Competition:
   
   5.1 Technical Criteria
   
   5.1.1 All submitted applications must:
   5.1.1.1 run on at least Android 1.5;
   5.1.1.2 run in English;
   5.1.1.3 be innovative mobile apps inspired by Africa and the Middle-East, that are relevant to the lives of MTN’s subscribers.
   
   
   5.2 An entrant may submit more than one app. Each app entered will constitute an entry on its own. However an app submitted in a specific month will only be considered/ eligible for consideration for the judging process in that specific month.
   
   5.3 The app must be relevant to the lives of people living in Africa and the Middle-East region.
   
   5.4 You are required to ensure that your app is free of defects, errors or viruses, failing which your app will be disqualified and will not be eligible for entry.
   
   5.5 You authorize MTN to contact you in person using the registration details provided by you during registration, for any matter regarding your app.
   
   
   5.6 You also authorise the Promoters to publish the details of the winning apps in the relevant /appropriate medium.
   
   5.7 You agree and understand that winning any prize or runner-up prize does not automatically entitle the winner’s app/s to be distributed or commercialised by MTN and entrants/winners will have no claims against MTN whatsoever in connection with their submissions/entries/winning apps. Separate procedures may exist for the purposes of realising any apps.
   
   5.8 You agree that MTN may, subject to any applicable laws, use or publish your image and likeness in connection with this competition for a period of 12(twelve) months after you are announced as winner.
   
   
6. Unacceptable Content of Mobile Apps:
   
   MTN will not accept app submissions that contain, promote, display or provide a link to adult content, pornographic material, graphic or gratuitous violence, or content of a nature that the Promoters (in their sole discretion) consider to be defamatory, inaccurate, abusive, obscene, profane, threatening, harassing, racially offensive, culturally and/or politically intolerant, that infringes or violates another party’s rights and/or relates to or promotes any activity of a criminal nature, or that may bring MTN’s name and/or brand and/or products or services into disrepute.
   
   It should also not contain any viruses or programming that would cause harm to the customer’s device in any way or allow control of the device in a malicious manner (for example malware, remote diallers, SMS sending to premium rated services and others).
   
   
7. Prize and Winners Announcements:
   
   7.1 Monthly Winners and Runners- up:
   
   7.1.1 Your app will be considered by a panel of judges comprising of Promoter-internal and independent experts each month, who will choose one winner and one runner-up for that month.
   
   7.1.2 One monthly winner and one runner-up will be chosen from the compliant, eligible apps submitted and entered during the particular month during the Competition Period. Such winner and runner-up will be announced before the end of the following month (i.e. The August monthly winner and runner-up will be announced by the 30th of September and so forth).
   
   7.1.3 Every monthly winner will win a Samsung Galaxy Tab 10.1 and every monthly runner-up will win a Samsung Galaxy S2 mobile.
   
   7.1.4 Only the winning apps of the monthly winners will be eligible to be considered for the Final prize.
   
   7.2 Overall Winner.
   
   
   7.2.1 The overall winner will be chosen from the monthly winning apps chosen during the Competition Period and will be announced before the end of January 2012.
   7.2.2 The overall winner will win an all expenses paid trip to the event, which prize comprise of the following:
   7.2.2.1 Return economy air ticket to Barcelona for the winner, including reasonable and necessary land travel in Barcelona;
   7.2.2.2 Hotel accommodation in Barcelona of a standard determined by MTN from 13-18 February 2012;
   7.2.2.3 A daily monetary allowance of a value to be determined by MTN; and
   7.2.2.4 Payment of all reasonable and necessary expenses towards/for the entrance to the Mobile World Congress 2012 event in Barcelona taking place from 14-17 February 2012.
   
   
   
   7.3 MTN reserves the right not to elect a monthly winner should the Apps submitted not meet the criteria/requirements mentioned herein.
   
   7.4 The prize/s is not transferable and is not exchangeable for another prize or cash and cannot be sold. In so far as it is necessary, required by law or beyond MTN’s reasonable control, MTN reserves the right to vary the nature of the Competition, the prize, or these terms and conditions upon notice being published on http://www.mtnplay.com/appcomp or in another appropriate medium. In the event that the Prize is limited or varied in this manner, the Promoter/s shall replace the Prize with a prize of a similar economic value.
   
   7.5 The monthly winners, runners-up and overall winner will be contacted directly by MTN via the medium used to enter the competition, using any contact details supplied by the winner when entering the Competition. MTN shall make 3 (attempts) to contact the winner. In the event the winner is un-contactable or the winner rejects, or declines acceptance of the prize or cannot accept the prize for any other reason, the prize will be forfeited and the judges reserves the right to choose another winner.
   
   7.6 It is a condition of entry that the names of the winner/s and the details of the winning apps will be published in the relevant /appropriate medium.
   
   7.7 MTN shall have the right to use the winner/s names subject to any applicable laws.
   
   
8. Intellectual Property Rights
   
   8.1 You warrant that your app and/or design does not infringe any intellectual property rights of others and does not contain, produce or render any content that uses someone else’s confidential information without permission, breaches data protection rules or is illegal, objectionable or unlawful.
   
   8.2 Unless otherwise expressly stated herein each party shall retain their intellectual property relating to this Competition and nothing herein shall constitute a transfer of intellectual property between the parties.
   
   8.3 Each party shall, unless otherwise specifically agreed to the contrary, retain the intellectual property rights including trademarks, trade names, copyright and other rights used and/or embodied in, or in connection with this Competition, which that party owned prior to the effective date and which that party develops with regard to this Competition during the continuation in force of this terms and conditions.
   
   
9. Warranties and Indemnities
   
   9.1 You confirm and warrant that you have read and understood these Terms and Conditions for this Competition as published on the website and/or Wap site (or any other medium) and that you consider them to be binding and enforceable.
   
   9.2 You further confirm and warrant that you are not prohibited by any laws to enter this Competition or claim a prize under this Competition.
   
   9.3 MTN, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s participation in the Competition or the entrant’s redemption of any Prize in terms of this Competition, or from any amendments to Prize details and/or the terms and conditions of this Competition. All entrants (including the winner) hereby expressly indemnify the MTN in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
   
   
10. Governing law
    
    The Competition is subject to South African law and is governed by the exclusive jurisdiction of the South African courts.
    


11. General
    
    11.1 MTN, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors are not allowed to participate in this Competition
    
    11.2 You confirm that you have read and understood this terms and conditions and agree that your participation in this competition is subject to them and further that you consider them binding.
    
    11.3 MTN’s decision in respect of disputes arising out of this Competition shall be dealt with in terms of these terms and conditions. MTN’s decision in this regard shall be final.
    
    11.4 MTN reserves the right to withhold the Prize until it is entirely satisfied that the claimant of the Prize is the bona fide winner, and reserves the right to call for such proof as it may deem necessary.
    
    11.5 You agree that MTN may use your personal information as provided during the registration process for purposes of the Competition. MTN undertakes to use such information only for purposes of the proper administration of the competition and commits to respecting your privacy and compliance with applicable South African data protection and privacy laws.
    
    11.6 The English version shall prevail over any translation of these English terms into any other language.
    
    11.7 MTN reserves the right to change these Terms and Conditions at any time upon a 7 day notice published on the website and the relevant wap site.
    
    11.8 MTN reserves the right to cancel the Competition at anytime for any reason whatsoever in its sole and absolute discretion without any obligation to furnish any reasons.
    
    11.9 You are solely responsible for the costs of producing and submitting/entering your app.
    
    11.10 MTN provides the website and/or website and/or any other medium (electronic or otherwise) indicated herein on an ‘as is” and a best effort basis, and does not guarantee that it/they will always be available or fully functional. MTN will not be responsible for any network failures, electronic transmission errors that may result in omissions, interruptions, deletions, defects and/or delays in operations or transmission.