WEBSITE CONDITIONS OF USE

KENYA BREWERIES LIMITED “GUINNESS 1759 USSD PROMOTION” TERMS & CONDITIONS

TERMS OF ENTRY

The following terms and conditions apply exclusively to the aforementioned promotion and all participants in the promotion are deemed to have read, understood and accepted the same:

Eligibility

2. 1.This promotion is restricted to persons above the age of eighteen (18) years only. Proof of age shall be required prior to redemption of any prize.
3. 2.Employees of East African Breweries Ltd Group of companies (KBL, UDV, EAML, SBL, and UBL) it’s distributors and stockists, Ogilvy, BBDO, Metal Crowns Ltd, Zilojo, KPMG, Southwell Solutions Limited, Carat, True Blaq, Iprospect, Posterscope and any other supplier or third party directly involved with the facilitation of this promotion are NOT eligible to participate in the promotion.
4. 3.Kenya Breweries Limited (KBL) reserves the right to seek verification of eligibility to enter and receive a prize under these Terms & Conditions. If, in KBL’s reasonable opinion, a winner is found to be ineligible, KBL reserves the right to require the return of any prize already awarded, at its sole discretion in consultation with Betting Control and Licensing Board (BCLB) and such winners will be disqualified.

Promotion Period

5. 4.The promotion is for loyal Guinness customers and will run from 07 February 2018 to 01 April 2018.
6. 5.KBL in conjunction with the BCLB reserves the right to change the promotional dates as it deems fit. Decisions made by Kenya Breweries Ltd in consultation with BCLB shall be final and binding.

How to Participate

7. 6.To enter the promotion, participants will be required to purchase a 300ml or 500ml Guinness, promotional product and check under the crown to find a 10 numeric digit code. This code on its own is neither a lucky number nor does it guarantee a participant anything in return.
8. 7.To participate, participants will enter the promotion by dialing *759*(through USSD) then key in the 10 numeric digit code under the crown# (*759*11 digit code) (which is valid for one (1) entry only).
9. 8.The first entry of a valid code will take the customer through the registration process. This will be a USSD interaction where the customer will be prompted to provide their age and home region. Upon completion of the registration process, the customer receives guaranteed SMS and data reward.
10. 9.Each subsequent entry gives the participant a chance to win instant prizes (SMS and data, talk time and cash) and will also stand a chance to win KSHS 100,000 on the weekly draws. Each SMS entry is entitled to one win only.
11. 10.In the event that a participant sends a code that is blank, a guessed code or mistypes the 10 numeric digit code under the crown, the participant will receive a regret message saying the 10 numeric digit code under the crown is invalid.
12. 11.In the event that a participant sends a 10 numeric digit code under the crown that has already been sent to the short code for the competition, the participant will receive a regret message saying the code on cap has already been used.
13. 12.A unique number can only win once throughout the promotion period. The rewards on entries will be based on the number of valid entries the consumer has entered.
14. 13.On entry into the promotion, the participant shall be required to confirm that they are above the Legal Purchasing Age (18 years +) in line with legal and regulatory requirements.

4. Selection of Winners

15. 14.Systems and controls around the selection of the winners have been validated by KPMG, an independent risk assurance firm.
16. 15.Winners will be selected instantly after sending *759*unique code#. The winner selection process is an automated process run by the CSP (Southwell Solutions Limited) servers.
17. 16.The selected winners will be rewarded at the sole discretion of KBL and BCLB and will win instant fabulous prizes at various entries including SMS and data, talk time minutes, and cash. Winners of prizes will be notified through a direct messages on their phones.
18. 17.Winners of the various prizes will be informed in accordance with the guidelines submitted to the BCLB and the decisions made on the same by KBL and BCLB, in consultation with KPMG, shall be final and binding.
19. 18.Prizes are redeemable in Kenya only and are not transferable.
20. 19.In the event that there are any taxes applicable to the prizes, KBL will deduct the same and remit to the tax collection agency.

Notification of reward

21. 20.Winners will have their reward (cash, data and talk time minutes) transmitted instantly through mobile money transfer services.
22. 21.KBL will not be liable for any delays brought about by failure of mobile telephone networks and mobile money transfer systems, failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability, or for traffic congestion or unauthorized human acts.
23. 22.Winners who are not registered with the designated mobile money services as selected by KBL for purposes of this promotion have to collect their cash from the respective mobile money agents within 7 days as stipulated by Communications Authority of Kenya regulations. Failure to do so will lead them to forfeiting their prize.

KBL shall not accept liability where a winner for one reason or another cannot access their money once it has been sent to them e.g. where the mobile network has suspended the recipient’s mobile money account, or if they are not accessible via the mobile money service.

Use of Personal Data

24. 23.By agreeing to participate in the promotion you are giving KBL permission to contact you for further information.
25. 24.By agreeing to participate in the promotion, all winners of the prizes agree that their full names, photos, video footage and other details be made public in such media that KBL may choose and that they will further agree to participate in all public relations and marketing activities of KBL on such terms, as KBL may require without any additional consideration.
26. 25.All the ownership and intellectual property rights in the footage and visuals taken of any participant, his/her family and surrounding on lookers is and shall at all times remain the sole property of KBL.
27. 26.Use of the materials stated above shall be at KBL’s discretion and KBL shall be entitled to disclose any of the participant’s details for administering the promotion, marketing and research related activities, fraud prevention and such other purposes as may be provided in terms and conditions herein and the law.

8. Disqualification and Termination

28. 27.The promotion is offered at the sole discretion of KBL and KBL reserves the right, subject to any discretion from the BCLB, to amend or vary these terms and conditions or to suspend/amend/terminate the promotion at any time.
29. 28.In case any of these circumstances arise, notice will be given by KBL through media advertisements. The notice will be effective immediately or on such date as shall be set out in such notifications.
30. 29.KBL reserves the right to terminate any participant’s participation in the promotion or their registration upon: -
    • 30.Detection of fraud or attempted fraud relating to the participant or their registration; or
    • 31.Breach of any of these terms and conditions; or
    • 32.Such circumstance as may be determined by KBL and BCLB.
31. 33.If participation in the promotion is terminated under any of the circumstances set out in clause 32 above, the participant will lose the right to redeem his/her prize and the same will be deemed to have been forfeited. In addition, KBL reserves the right to take appropriate legal action, as it deems necessary, and recover damages and other expenses incurred in pursuing such action.

Other Terms

32. 34.This competition remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya) 1991, and all other applicable laws. Any disputes arising hereunder shall in the first instance be resolved in accordance with the aforementioned provisions.
33. 35.All queries should be directed to the customer care helpline number 0701 000 001; available from 8:00am to 5:00 pm.
34. 36.KBL, upon notification of BCLB, reserves the right to amend and adjust the promotion format and timings as it deems fit.
35. 37.KBL, upon notification of BCLB, reserves the right to amend the prizes as it deems fit at any point in the promotion.
36. 38.KBL DOES NOT require you to send money, airtime or mobile money funds or any other consideration in order to participate or claim any prize in this promotion, and KBL will not be liable for any losses or other damage incurred by any person who does not heed this caution.
37. 39.Although KBL has used reasonable efforts to ensure that all information and materials relating to the promotion are accurate, KBL shall not be liable for any inaccuracy or errors in such information and/or material. KBL, its 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: -
    • 40.Matters outside the control of KBL, its agents and sub-contractors including but not limited to force majeure events such as acts of God, computer viruses, power outages, etc.
    • 41.Any technical failure or malfunction or any other problem with any machine, telephone network or system, service provider software or otherwise which may result in missing characters in the promotional packs, any entry being lost or not properly received, registered or recorded.
    • 42.Any unforeseen defects in promotional materials supplied or manufactured by third parties including but not limited to labels and crowns.
    • 43.Any acts of negligence by the Employees of KBL, KPMG or BCLB or their agents, associates and assigns.
    • 44.All errors and/or omissions related to this promotion and/or promotional products should be reported in writing to KBL within 7 days of discovery of the error or omission. KBL does not warrant that all errors and omissions can be resolved to the satisfaction of participants, or at all and therefore errors and omissions are exempted.
38. 45.Any persons attempting to make false claims shall be prosecuted. Prizes shall not be transferable to third parties and they will not be exchanged. The promotion is open to Kenya residents over 18 years only.
39. 46.All updated Terms and Conditions will be available for inspection on the www.eabl.com website. It is the responsibility of the participants to review these Terms and Conditions. The participant’s continued participation in this Promotion shall be deemed to be the participant’s acceptance of any changes to these Terms and Conditions.
40. 47.In the event of any inconsistency between these Terms and Conditions and any terms and conditions printed or displayed on any marketing materials published or broadcast in any media (such as but not limited to the internet, television, radio, newspaper, magazines etc) relating to the Promotion, the terms contained in these Terms and Conditions here shall prevail.
41. 48.If any term or provision of these Terms and Conditions is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Terms and Conditions shall not be affected.
42. 49.These terms and conditions are subject to interpretation by KBL and any questions or disputes shall be resolved by KBL and BCLB and the decisions reached thereafter shall be final.

DIAGEO PRIVACY AND COOKIE NOTICE

This Privacy and Cookie Notice provides a high-level overview of our full Privacy and Cookie Notice (see section 1 for more information).  It summarises important information regarding how we collect, use, and share any personal information collected. This Privacy and Cookie Notice applies to personal information collected by or on behalf of a company within the Diageo group of companies. Diageo plc is the world’s leading premium drinks business.

1.  Introduction

• See section 1 for more information about Diageo plc.

2.  Are you of legal purchase age?                                     

• Do not provide us with your personal information if you are not of legal age to purchase alcohol.
• If we believe that you are under the legal purchase age we will make every reasonable effort to remove your personal information from our records. 

3.  What information does this Privacy & Cookie Notice apply to?

• This Privacy & Cookie Notice applies to personal information collected by (and on behalf of) Diageo companies in connection with the marketing and sales of their products.
• We collect personal information online and offline that you choose to provide us with. This includes information provided when registering with our websites, contacting us, completing surveys or questionnaires, entering competitions, and posting information on public areas of our websites as well as through .  , applications and Diageo branded pages on third party platforms (e.g. social media platforms) and applications used through our websites and third party platforms (“Diageo Sites”).
• This Privacy & Cookie Notice also applies to offers and advertisements for Diageo products and services, which Diageo, or a service provider acting on Diageo’s behalf, may send to you on third party websites, platforms and applications (“Third Party Sites”). These Third Party Sites may have their own privacy & cookie policies and terms and conditions which Diageo is not responsible for. Please read the privacy & cookie policies and terms & condition of any Third Party Sites before using them.
• This Privacy & Cookie Notice also applies to personal information that we may receive about you from other legitimate third party data sources, including information from commercially and/or publicly available sources, such as data aggregators, public databases and third-party social media platforms.
• See section 5 for details about the types of personal information that we may collect from such sources.

4.  What is personal information?                     

• Personal information is information about an identifiable individual, as defined by applicable law.    

5.  Diageo’s collection and use of personal information 

• Our consumers are at the heart of what we do as a leading premium drinks business.  We collect personal data about you in order for us to communicate with you where required, to provide you with our products and services, to understand better your consumer journey to purchase, and to analyse trends amongst our consumers generally, in each case  so that we can strive continuously to improve our offering to you, whether content, our services or our products.
• The information that we may (depending on the context) collect from you from Diageo Sites if you choose to provide it includes your:
  • name
  • contact details (which may include address, email address, user name, telephone number)
  • purchase information (credit card or other payment information, delivery address)
  • Legal purchase age confirmation of your date of birth
  • gender
  • user generated content, posts and other content that you submit to Diageo Sites
  • any other personal information that you voluntarily provide to us
• When you use this and other Diageo Sites (including by browsing such sites) some information about your visit is automatically recorded such as the pages you have viewed, your IP address and the date and time of your visit. We also collect information using cookies (see section 6. below for more information).

• The information we collect from other sources includes:

  • name
  • contact details (physical address) or geographic location
  • age (or age range)
  • shopping habits
  • preferences and information about your lifestyle such as your hobbies and interests
  • publicly available information such as user-generated content, blogs, postings, social media user name or ID, social media profile photo, in each case as permitted by law
• All of the information that we collect may be combined to assist us in improving our products, services and our communciations with you.
• Note that if you share any of your activity on third-party social media platforms, you will then be subject to the privacy and cookie policies that govern the respective platforms.
• By using this website, you are agreeing to our use of that information as set out in this Privacy and Cookie Notice.

• If you do not agree to these conditions, please do not provide us with this information or use the Diageo Sites, or please let us know your objections using the contact details below.

6.  Use of cookies on our websites

We use "cookies" to ensure that we give you the best experience on our website, on our social media pages and to improve our advertising. The use of all cookies is subject to the terms of this Privacy & Cookie Notice and applicable laws and regulations.  We also collect information using common Internet technologies such as “clear gifs” (also known as “pixels”, “web bugs” or “web beacons”).

The types of information collected automatically may include:

• Website cookies to help us gather and store information about our site visitors, including the type of browser & device you use, which Diageo web pages you have visited, the websites you visited before coming to the Diageo site and your IP address. Note: we share Site Usage Information with trusted third parties o Diageo (e.g. advertisers, advertising agencies, advertising networks etc.) in order to offer you tailored content, including more relevant advertising for products or services that may be of interest to you. These third parties may set their own cookies on your device in order to help Diageo deliver customised content and advertising to you when you visit either Diageo Sites or Third Party Sites.
• Third party social media and advertising cookies to offer our users social media functions (for example, using your social login to login to our website) and enable us to show you advertisement that you are more likely to be interested in viewing The socal media information collected includes your: user name or handle, social profile picture, age, gender, and any other information you have choosen to share when using Third Party Sites, e.g. when you use the “Like” button on Facebook or retweet on Twitter
• To find out more information about how we use cookies please refer to section 6.

If you continue without changing your settings, we’ll assume that you accept the use of cookies in accordance with this Privacy & Cookies Notice. If you do not accept the use of cookies, please refer to section 12 and 13 to find out how to disable cookies.

7.  Use of IP addresses

When your web browser or e-mail application requests a web page or e-mail from another computer on the Internet, it automatically gives that computer the address where it should send the information. This is called your computer's "IP address." (IP stands for "Internet protocol.") For most users accessing the Internet from a dial-up Internet service provider (I6P), the IP address will be different every time you log on. We do not store IP addresses in a central database. They are just recorded in log files so they are not associated with an account.

 IP addresses may be used for various purposes, including to:

• To identify a person’s country access.
• To assist our third party service provider to manage GEO IP location, who may map IP addresses to countries.
• Diagnose service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
• Send the most appropriate advertising based on geographic area or information derived from your IP address. Many IP addresses are commonly associated with Internet service providers, universities, or major corporations in specific regions or localities. Aggregate information derived from IP addresses may also be reported to advertisers.
• Estimate the total number of users visiting our websites from specific countries or regions of the world.
• Assist third party advertisers to track effectiveness of the promotions they run on our website, visits to and business at third party's websites.
• Help determine which users have access privileges to certain content that we host.
• Identify whether the IP address relates to a human or non-human (“bot” or “web crawler”) as part of a an advertisement verification solution to allow us to monitor our digital advertisements across brand safety, ad fraud and viewability measures.

8.  Use of personal Information

• We will only use the personal information we collect: for our legitimate business interests, including to improve your consumer experience of our products and services, to provide you with specific information and services that you request, and with additional information and services that may be of interest to you.

 9.  Disclosure of personal Information

 This may involve sharing your personal information with non-Diageo companies that provide services to Diageo companies and certain other third parties, but only where they have adequate protection to safeguard and hold your personal information securely and, in certain cases, only where you have provided your consent.

• In some cases, this may involve transferring your personal information to other countries (including the U.K., the U.S., Canada and other countries, inside and outside the European Economic Area) where Diageo or non-Diageo companies or other third parties operate and process your personal information. To the extent that we do share your personal information with a service provider, we would only do so if we have entered into a written agreement with that party and that party has agreed to comply with our privacy standards as described in this privacy policy.
• By providing any personal information to us, you fully understand and clearly consent to such use and transfers as set out in this Privacy and Cookie Notice and our full Privacy and Cookie Notice.

10.  Information you post on public areas of our website & on our Social Media pages

• Information that you post on or through the public areas of the site (e.g. chat rooms, bulletin boards and discussion groups) and our Social Media pages (e.g. on our Facebook and Twitter pages) is publically available information and is  generally accessible to, and may be collected and used by others. Please do use caution and do not disclose any personal information, as we do not have any control on how other users may subsequently use your information. Such use by others may be in breach of both our Privacy Policy and of the law, and may place you at risk. We will not be responsible for any postings you make with personal information in them.

11.  Security

• We take security seriously and take precautions to keep your personal information secure. We have put in place reasonable technological and organisational procedures to safeguard the information we collect.
• Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at the contact details below.

We have no control over the privacy of any communications while in transit to us. We recommend that you not include confidential, proprietary or sensitive information in such communications. See section 16 for more information.

12.  Unsubscribe, access, questions and further information     

• At your request, and where required by law, we will confirm, share, and/or update the personal information we hold about you.  However, to protect your privacy we may first have to verify your identity.
• At any time you can choose to make an unsubscribe request to stop receiving direct marketing communications.
• If you would like to unsubscribe from communications from Diageo or about Diageo brands, please contact: Privacy.Queries@diageo.com
• See section 17 for more information on your choices..

13.  Retention period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.  

14.  Contact Us                 

If you have any comments, queries, or complaints about our collection or use of personal information please contact us via:

• Post: Data Privacy Officer, Global Compliance Legal Team, Diageo plc, Lakeside Drive, Park Royal, London, NW10 7HQ
• Email: Privacy.Queries@diageo.com

PRIVACY AND COOKIE NOTICE

1.  Introduction

This website is operated by a member of the Diageo group of companies, the ultimate holding company of which is Diageo plc (registered in England and Wales with company number 23307 and registered address at Lakeside Drive, London, NW10 7HQ, United Kingdom).

All references to 'our', 'us', 'we', or ‘company’ within this policy and within the opt-in notice are deemed to refer to Diageo plc, its subsidiaries, affiliates, and/or associates, as appropriate.

We endeavour to protect your personal privacy. We provide this Privacy and Cookie Notice to help you to understand what we may do with any personal information that we obtain from you. By providing your personal information to us, you signify your acceptance of our Privacy and Cookie Notice and agree that we may collect, use, and disclose your personal information as described in this Privacy and Cookie Notice. If you do not agree to this Notice, please do not provide your personal details to us. This Privacy and Cookie Notice is incorporated into, and part of, the Conditions of Use that govern your use of the site in general. We will use your information only for the purposes set forth below.

We may need to update this Privacy and Cookie Notice from time to time. We recommend that you check this page regularly to ensure that you have read the most recent version.

Changes to the Privacy and Cookie Notice are noted here:

Date last revised: January 2017

Description of substantive revisions:

Section 3 – Description of personal information
Section 4 – Description of how personal information is collected
Section 5 – Use of IP Address
Section 6 – Use of cookies and clear gifs
Section 14 – Description of how personal information is used
Section 15 – Description of how personal information is shared
Section 16 – Posting of information in public forums
Section 20 – Changes to your privacy preferences
Section 21 – Description of use of links, references, interfaces, and content from third-party sites

 2.  Legal purchase age

You must not provide us with your personal information if you are not of legal age to purchase alcohol in the jurisdiction in which you reside and (if different) in the jurisdiction in which you are accessing the site. We do not intend to collect personal information from any individuals under the legal purchase age, or to market alcoholic beverages to anyone under the legal purchase age. If we receive notice or believe that someone under the legal purchase age has provided us with personal information we will make every reasonable effort to remove such personal information from ou