© 2022 CELD INNOVATIONS LTD
© 2022 CELD INNOVATIONS LTD
These Terms and Conditions govern Registration with, and Participation in the Consumer Electronic Lucky Dip (“CeLD”) CashToken.
These General Terms and Conditions apply to all CeLD Participants (“Customers”, “you”) who purchase the CashToken via all CeLD platforms/Channels.
An account will be created in your name if we accept your Application for Registration, and all aspects of your transactions with us.
Application Channels to participate in the CeLD are as follows:
It is a requirement of submitting an Application for Registration, and eligibility for participation in the Consumer Electronic Lucky Dip that you read and agree to, these Terms and Conditions.
If you were gifted or purchased CashTokens you are advised to read, understand and accept all of these Terms and Conditions as you will be bound by all of them.
Where you do not wish to benefit from CashTokens under these terms and conditions, you may send an email to firstname.lastname@example.org or call this number +234(0)9077555557 and your number will be blacklisted from our system and these Terms and Conditions will not apply to you.
By submitting the application form, dialling or accessing any of the above Application Channels, you are acknowledging that you have read, understood and accept, and that you will be bound by all of these Terms and Conditions if we accept your Registration.
We strongly advise that you seek expert legal advice in the jurisdiction in which you are located should you require assistance with, or explanation of, any of these Terms and Conditions.
When you sign up to the CeLD service, you are making an offer to us to enter into an agreement with you on these Terms and Conditions.
For the avoidance of doubt, please note that registration with CeLD will occur after acceptance of your registration by CeLD. If and when we accept your application, you are deemed to receive notification of that acceptance and an agreement between you and us is formed based on these Terms and Conditions and governed by the laws, and subject to the jurisdiction, of the courts of the United States.
There following are levels of Participation in the CeLD
2.1. Consumer Celebration Partners (CCP)
2.1.1. The CeLD CashToken shall be purchased at the price to be determined by CeLD and displayed on the website. This price may be increased upon due notice.
2.1.2. The benefit of each CashToken includes guaranteed cashback as well as an automatic ticket into National Weekly Consumer Draws.
2.2.1. CashToken is to be obtained FREELY by the Consumers from the CCP or persons under Clause 2.4, having made purchases of goods and services of an amount fixed by the CCP or earned a celebratory gift from government, corporate bodies or individuals.
2.2.2. Consumers may directly purchase CashTokens for themselves under clause 2.4.
2.3. Strategic Sales Partner (SSP)
For facilitating the sign-up of a CCP or the purchase of CashTokens via any of the Application Channels; the SSP shall be entitled to commission. All SSP’s shall also be subject to the SSP terms and conditions as contained on this website.
2.4. CashToken Gift Reward Store (CGRS) – Direct Gifting for Self and Others
Persons may purchase CashTokens at the same price and subject to the same benefits as in Clause 2.1, directly for themselves, to gift to their friends, family and any other persons they wish.
3.1. Only gifted CashTokens will be drawn. For the avoidance of doubt, CashTokens still residing with the CCP will not be drawn until they are given out to Customers.
3.2. There shall be a weekly Cut-Off Time every Saturday in anticipation of the Draw. Any CashToken gifted after the Cut-Off Time shall be entered into the following Draw.
3.3. There shall be a random Draw of all gifted CashTokens by 8:45pm (at the latest) every Saturday.
3.4. Draws will be made against the different prize levels as determined by CeLD.
4. Win Payments & Account Withdrawal
4.1. Any cash won by a Consumer shall be shared as follows:
|CashToken for Consumer||10%|
|Airtime for Consumer||5%|
|Strategic Sales Partners||5%|
4.2 All Wins will be automatically paid into the CashToken Win Wallet.
4.3. CashToken Wins are always by cash, a percentage in CashTokens and a percentage of the service being provided by the client as may be approved from time to time by the management of CeLD and communicated on the CashToken website.
4.4. The cost of the CashToken is subject to statutory deductions as may have been imposed or be imposed in future by any legislation
4.5. CeLD Wins shall not be paid into proxy accounts.
4.6. Where CashTokens are purchased from the CGRS via a Third-Party Channel, the Third-Party Channel automatically becomes an SSP with respect to those CashTokens, notwithstanding the fact that the CGRS Participant was referred by another individual.
4.7. Where there is a dispute as to who will be entitled to a Win, CeLD shall verify to its satisfaction, the person who participated in the CeLD and shall ensure such a person gets the Win. For the avoidance of doubt, CeLD shall not make payment to a person who did not participate in the CeLD merely because he/she is the owner of a User ID.
4.8. Except where otherwise specified, we reserve the right to pass on to a Participant any fees, costs, charges, taxes, imposts, levies or duties we incur in transferring any cash won to such Participant. The Participant is responsible for all exchange rate fluctuations and we are not liable for any loss or costs you may incur as a result thereof.
4.9. CeLD shall transfer to the Participant any cost incurred in verifying his identity where a dispute arises as a result of the Participant’s failure to enter a User ID that belongs to him/her.
4.10. We reserve the right to place a stop payment of any funds into a Bank Account if we consider that payment of such cheque illegal or constituting an offence.
4.11. We will not be liable for any delayed or lost mail nor will we be liable if a Participant does not receive their Wins as a result of any incorrect information provided by such Participant to us.
4.12. We further reserve the right to withhold payments of any nature and to avoid all winnings of a Consumer if the Consumer’s Registration details are false or misleading or if Consumer is unable to verify their identity by meeting our identification verification requirements to our full satisfaction.
4.13. All transfers of payment are subject to international banking guidelines and regulations.
4.14. Any Participant who Wins shall consent to and be available for the official presentation of their Wins at the expense of CeLD.
4.15. Any Participant who wins hereby agrees to the use of any pictures, video or other media obtained under Clause 4.16, on any media channels selected by CeLD upon prior notice to the Participant.
4.16. Where a Participant wish to decline the publication of his/her details on any media channels, in connection to their Win; he/she shall be allowed to do so, provided he/she shall forfeit 20% of his/her Win.
4.17. As a Participant you may nominate representative to be present at the presentation of cheques bearing the amount of your Win at our CashToken Show.
5. Condition for Win
A Participant shall only be entitled to a Win only after a successful draw of their CashToken.
6. User Profile Edit
The Participant must provide documented and verifiable proof of ownership to CeLD for an update to be done on his/her profile.
7. Unclaimed Wins
7.1. Upon the expiration of a period of not less than 180 days following any Draw, CeLD shall retain any Unclaimed Wins remaining as part of the Prize Fund and such monies as remains unclaimed shall be used to pay future Win or retained in the Prize Fund.
Nothing in these Terms and Conditions shall make CeLD liable to the Estate of a deceased winner for Wins already paid to the deceased’s Bank Account.
7.2. CeLD management may at its discretion meet the legitimate claims of winners in respect of Wins previously unclaimed for a period longer than 180 days from the Draw. Where CeLD expend money in locating winners for the purpose of claiming his/her Wins, CeLD may deduct from the Win the legitimate expenses incurred in finding and paying such winners.
7.3. Where a winner pre-deceases the claiming of his/her Win, the Win shall be paid to the personal representative of the deceased winner on presentation of Letters of Administration or Probate issued by a valid institution.
Nothing in these Terms and Conditions shall make CeLD liable to the Estate of a deceased winner for Wins already paid to the deceased’s Bank Account.
Each winner is responsible for paying any and all taxes on any Wins, as may be required and such taxes may be deductible at source before pay-out where applicable.
9.1. CeLD reserves the right to disqualify any entry that does not/appears not to follow the communicated terms and conditions at its absolute discretion.
9.2. An entry submitted with falsified information or documents is automatically disqualified.
10.1. The laws applicable in your location or place of residence, domicile or nationality may prohibit you from making purchases from us or participating in CeLD. Some jurisdictions have laws, which entirely prohibit you from making purchases from us, other jurisdictions have laws, which prescribe minimum age requirements for making purchases from us or participation in CeLD.
10.2. In furtherance of 10.1 above, we neither wish to violate any such law nor allow you to make an application for registration or to make purchases from us where doing so would violate any such law. If you are located in or are a resident, domiciliary or national of any jurisdiction where you are subject to any such law, you must not make an application for registration or purchase from us. You must make your own enquiries, and satisfy yourself, before you make an application for registration or make any purchase, that by doing so you will not violate any such law.
10.3. When you make an application for registration and each time you offer to make a purchase from us or participate in any of our Draws, you warrant that you are legally entitled to apply for registration, to deposit funds with us, to make Purchases and to receive Wins from us, and that your Registration as a Participant, deposit of funds, purchases and receipt of Wins from us will not in any way violate any applicable laws of your location or place of residence, domicile or nationality.
10.4. We rely upon your warranty when we accept your application for registration, open your account, accept your deposit of funds, accept your offer to make Purchases, and pay you any winnings and you indemnify us from any loss arising from your warranty being incorrect.
10.5. When you make an application for registration you provide us with certain information. It is your on-going responsibility to inform us of any changes in the information you have given us. We rely on this information being true and correct and not misleading. If we believe on any reasonable grounds that the information is untrue, incorrect or misleading in any way, we may, in our sole and absolute discretion, cancel your Registration or cancel and dishonour any Purchases by you or offers to make Purchases from you, and we may retain (or recover from you) the value of those CashTokens and any Wins paid to you and we may suspend and/or exclude you from any further Purchases.
10.7. CeLD gives no warranty whatsoever that the CeLD site will be available for use by subscribers permanently or for any minimum period of time.
10.8. We shall not hesitate to handover any persons to law enforcement authorities who perpetuate any crime in relation to the CeLD platform or products.
10.9. Any non-enforcement by CeLD Innovations Limited of any of its rights either under any agreement with you or these Terms and Conditions will not constitute a waiver of those rights. Any waiver by you of any of your rights under this agreement and these Terms and Conditions will not constitute a waiver of those rights.
11.1. These Terms and Conditions may be varied at any time in the following manner:
11.1.1. We will give you prior notice of three (3) months setting out the variation and the date on which it will take effect
11.1.2. The notice will be posted by us on the CeLD website and in addition will be communicated to you by email.
11.2. You will be deemed to have received the notice at the time that it is posted on the CashToken website or upon its transmission to you by email (whichever happens first).
11.3. Your continued use of the Application Channels from the date set out in the notice will indicate your agreement to these variations. If you do not agree with the variations, you should not use the Application Channels any further.
11.4. We further reserve the right, at any time and without notice, to amend the Frequently Asked Questions (FAQs) and other procedures and explanatory information displayed on, contained in, or accessible from the CeLD site.
12.1. When you make application for registration, you will be required to nominate an account password.
12.2. You must enter your correct User ID and password in order to access your CeLD account.
12.3. It is your responsibility to ensure that no other person accesses the CeLD site or makes purchases using your registration details. You must not disclose your password to anyone. You will be responsible for any use of your account by any other person and we expressly disclaim liability in this regard.
12.4 The Participants undertake to indemnify CeLD for any loss incurred on account of the disclosure of registration details to third-parties.
13.1. Upon Registration, your access details to the CeLD portal shall be communicated to you via email and/or registration link.
13.2. You will be required to register with a Phone Number which will be your User ID, please ensure that you are registered with your Mobile Network Operator as the owner of the User ID.
13.3. Each user is entitled to register once through any of the following channels:
14.1. To claim a Win, the winner must have fulfilled the requirement of the KYC (Know Your Costumer), which shall be determined by CeLD.
14.2. If a winner does not verify his/her identity within 90 days of being requested to do so by CeLD, CeLD will not transfer to the winner any Wins until such time that the winner can prove his/her identity to its satisfaction.
15. CeLD CashToken Gifting
15.1. The CCP or person gifting through the CGRS shall not be able to determine the CashToken to transfer. The CeLD system shall randomly determine this.
15.2. Following the transfer of CashTokens to a Consumer, the portal shall send out an SMS notification to the Consumer, specifying the number of CashTokens received. If the number of CashTokens received is more than 160 characters, then, the SMS shall contain the highest CashTokens. The Consumer shall be advised to view the full gift report on the Application Channel.
15.3. The shelf life of a purchased CashToken is 6 months.
15.4. Where a CCP purchases a CashToken and fails to gift the CashToken to a Consumer, the cashback and draw amount is entered into the next draw.
16. Suspension & Termination
16.1. We may suspend or close your CeLD Account at any time upon notice to you.
16.2. The suspension or closure of any CeLD Account does not affect any funds already accruing to the Participant operating the account.
You agree to indemnify and hold CeLD, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of any matter you submit, post, transmit or make available through the CeLD Service, your use of the CeLD Service, your connection to the Service, your violation of these Terms and Conditions, or your violation of any rights of another person.
18. Limitation of Liability
18.1. You expressly understand and agree that CeLD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CeLD has been advised of the possibility of such damages) resulting from:
18.1.1. The use or the inability to use the CeLD service;
18.1.2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
18.1.3. Unauthorized access to or alteration of your transmissions or data;
18.1.4. Statements or conduct of any third-party on the service; or
18.1.5. Any other matter relating to the service.
18.2. Any legal proceedings against CeLD in respect of the Wins must be instituted within 3 months from the date of the draw failing which any claim from such proceedings is deemed to have been extinguished.
19. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed, interpreted and construed in accordance with the laws of the United States of America, without regard to principles of conflicts of law. If any dispute or claim arises out of or in relation to this Agreement and if such matter cannot be settled through direct discussions between us and you, you hereby expressly consent to the exclusive jurisdiction of the Court.
20.1. In these Terms and Conditions, the following terms as used in these Terms and Conditions shall have the meaning ascribed to them hereunder:
“Application Channels” means any of the channels listed under clause 1.2 of these Terms and Conditions;
“Bank” means any commercial bank or other financial institution authorized to carry out banking; where a Participant’s Bank Account is domiciled. This may be specified by CeLD upon notice to the Participant;
“Bank Account” means a Bank account provided by the Participant upon request by CeLD, into which the Participant wishes to receive their cash Wins.
“CashTokens” means an electronic voucher given as a gift to a consumer by CCP, which qualify the Participants for CeLD winnings at draws and guaranteed cash.
“CashToken Gift and Reward Store or CGRS” means a platform created by CeLD where persons may purchase CashTokens directly for themselves or for gifting to their friends, family and any other persons.
“CeLD” means Consumer Electronic Lucky Dip;
“Consumer” means any person who was gifted or purchased a minimum of one (1) CashToken in accordance with these terms and conditions;
“Consumer Celebration Partner (CCPs)” means any entity, business, corporation or person who gifts a Customer a CashToken in accordance with these Terms and Conditions;
“Cut Off Time” means 6:00 pm West African Time on each day of a draw;
“Draw” means the approved selection process by which the winner(s) are determined on a random basis across the Win levels;
“Estate” means the collective assets and properties of a deceased Participant;
“CashToken Wallet” means an electronic stored value account powered by MyBank USSD Limited (RC 1653763), identified by your Unique ID. The CashToken Wallet is primarily accessed through your the MyBank USSD website, and social media application chats. Visit www.mybankussd.com for more information.
“Financial Inclusion Fund” means a fund to which guaranteed cash is credited for the purpose of providing financial inclusion services such as pension, savings, insurance and investment, for the benefit of the Consumer.
“Legal Age” means the age at which a person enters into full adult legal rights and responsibilities.
“Media Channels” includes but is not limited to: posters, newspapers, billboards, social media, websites.
“Participant” means Consumer Celebration Partners, Consumers, Strategic Sales Partner and persons who gift or purchase CashTokens under the CashToken Gift and Reward Store.
“Payment Processor” means the payment gateway that acts as an interface between a person paying money in a transaction and the person receiving money.
“Payment Terminal Service Processor (PTSP)” means organizations or firms that are licensed to provide point-of-sale terminal services to merchants and retailers.
“Point-of-Sale (POS) Machine” means a device issued to business owners by banks to enable them receive payments from their Consumers via their ATM Card.
“Services” means CashTokens and other appending innovations and schemes offered by the promoters of CeLD;
“SMS” means Short Message Services provided by a telecommunications operator.
“Strategic Sales Partners (SSPs)” Any person, entity, business or corporation engaged by CeLD to conduct the promotion and marketing of the CeLD, facilitate the sign-up of CCPs, facilitate the purchase of CashTokens on the CGRS and is registered with CeLD as such.
“Strategic Sales Partner ID” A unique code issued to an SSP upon registration with CeLD.
“Terms and Conditions” means the general terms and conditions as contained herein
“Third-Party Channel/ 3rd Party Channel” means any CeLD-approved channel for the purchase of CashTokens other than the CeLD website.
“Transaction Acquirer” means the bank into which the funds from a transaction (whether online or not) within this Agreement is transferred.
“Unclaimed Win” means a Win or portion of the Win payable in respect of a winning CashToken in CeLD which has not been claimed by the Participant within the period specified in this terms and Conditions.
“Valid ID”: An acceptable Government issued identity card. This includes Driver’s License, National Identity card and/or a valid International Passport.
“Win” means the monetary amount to which any Participant is entitled, less applicable deductions and taxes in accordance with this General Terms and Condition. 21.2. The terms “we” as used in this Terms and Conditions refers to CeLD Innovations Limited.