Please read these Terms of Use fully and carefully before participating in the features, content or applications offered by MobiVerse Solutions Ltd. in connection with the Brainwave service. These Terms of Use set forth the legally binding terms and conditions for your use of the Web App and all associated services.
Apple is not involved with any of Brainwave’s contests.
The following terms will have the specific meanings assigned thereto in these Terms and Conditions.
Participation means partaking in a Value Added Service (VAS) by a Customer registering and subscribing to take part in any or all the games available on the Brainwave platform.;
Keyword means a defined topic or group of topics (subject area) on which trivia questions are based. Themes are set per category and categories may change over a period of time.;
Theme means a defined topic or group of topics (subject area) from which trivia questions are based. Themes are set per category and may become unavailable.
Subscription means the successful onboarding of a Customer onto the service, where the intention to participate is demonstrated;
Player/Participant means, in respect of this service, all and any of the Customers, who are eligible under the Terms and Conditions and express their firm intention to participate in the service by registering and paying to subscribe to the service in accordance with the Terms and Conditions;
Terms and Conditions means these Terms and Conditions, including future annexes and amendments thereof;
1. Participation
1.1. These terms and conditions apply to all campaigns and activities running across all service channels or mediums, that is, Brainwave website and all social media channels.
1.2. The service takes off from the 8th of November,2019 and will run perpetually until ended or otherwise decided by the organizers of the service.
1.3. To participate in the service, you must be a resident of Ghana with a valid SIM card and subscribe to the service by clicking on this URL(https://play.brainwavegh.com).
1.4. Subscription to Brainwave is at GHS0.35p daily
1.6. A Player may play a game to earn coins according to the rules of the game. A Player can only earn coins after completing a game.
1.7. Player is eligible to win a prize if he/she has earned coins from any or all games on Brainwave and exchanges the earned coins for a prize of his/her choice.
2 Eligibility
2.1. The service is open to all residents of Ghana, excluding all employees, representatives and agents of the organizer, their respective parents and/or affiliated companies, content suppliers, and those with whom any of the foregoing are domiciled.
2.2. Player must be a resident of Ghana.
2.3. Player must play with a registered Telecel or MTN SIM card with a Money Wallet registered in his/her name.
4 Winners and Prizes
4.1. Player may pick up prize from a specified location by presenting a valid national identification corresponding with the name of the registered SIM card or proxy and the code given at the time of prize confirmation.
4.2. Prize winners will be contacted directly via text or phone call after exchanging coins for a prize, with information on when and how to receive their prize.
4.3. Player forfeits prize not picked up after 30 working days without prior arrangements with Brainwave.
4.4. Prizes in the form of gift vouchers are not transferable, cannot be sold or exchanged for cash or any other alternative. We reserve the right to substitute prizes of equal or greater value at any time.
4.5. The brand, shop or vendor reserves the right to reject a gift voucher and request alternative payment forms if there is reason to believe that the voucher was fraudulently obtained or used.
4.6. Prizes in the form of gift vouchers are not transferable, cannot be sold or exchanged for cash or any other alternative. We reserve the right to substitute prizes of equal or greater value at any time.
4.7. Prizes and all Gift vouchers are the sole responsibility of the winner. Brainwave does not accept responsibility for vouchers or other that are lost, stolen or damaged while in the winner’s possession.
5 Limitation of Liability
5.1. Brainwave shall make commercially reasonable efforts to ensure that the benefits promoted as being available to members will be available as represented. However, Brainwave does not guarantee or warrant that such benefits shall always be available. Brainwave advises members to check availability of the desired benefits on our app, website or social media channels prior to redemption of the said benefits.
5.2. If for any reason any aspect of this Promotion or Service is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any other cause beyond the control of Brainwave which corrupts or affects the administration, security, fairness, integrity or proper conduct of this offer, Brainwave may in its sole discretion modify or suspend the Promotion. If an act, omission, event or circumstance occurs which is beyond the reasonable control of Brainwave and which prevents Brainwave from complying with these Terms and Conditions Brainwave will not be liable for any failure to perform or delay in performing its obligation.
5.3. Brainwave reserves the right to suspend the Promotion temporarily or permanently for legal, regulatory and for operational reasons (e.g. for repairs, planned maintenance or upgrades) whenever it is deemed necessary. Brainwave undertakes where possible to restore the Promotion as soon as practicable after any temporary suspension period. Brainwave shall not be liable for any claims, losses or injuries whatsoever the Customer may suffer as a result of any such suspension.
5.4. Brainwave accepts no responsibility whatsoever for and without limitation, any error, omission, interruption, defect, delay in operation or transmission, communications line failure when it is not under its direct control.
6 Disclaimer of Warranties
6.1. Brainwave makes no warranty, implied or express, that any part of the Promotion will be uninterrupted and error-free.
6.2. Neither Brainwave nor any of its directors, employees, agents or suppliers shall accept any responsibility for any damage, loss, injury or disappointment suffered by any Customer for participating in the Promotion.
7 Miscellaneous
7.1. A Player’s continued participation in Brainwave constitutes the member’s acceptance of any changes to these Terms and Conditions. Participants are responsible for keeping abreast of any changes that Brainwave may make to these Terms and Conditions. Brainwave will endeavor to make available the Terms and Conditions and any changes thereto on the Brainwave website – www.brainwavegh.com
7.2. If Brainwave or any Partner improperly denies a participant any benefits that the participant ought to have earned under the Promotion, the participant’s exclusive remedy shall be the issuance of the improperly denied benefits by Brainwave, if available, or such other reasonable, alternative and comparable benefits as determined by Brainwave. In the event of any of the aforementioned denials, the liability of Brainwave shall be limited to the value of the benefits concerned.
7.3. Participants are liable for any claims from third parties, including the tax authorities, arising from participation in this Promotion.
7.4. Personal data relating to participants in this promotion that may be processed and used for purposes of the Promotion and shall be in accordance with applicable Data Protection Laws. Participants’ consent may be sought to take part in promotional activities, and we reserve the right to use the names of winners, their photographs and audio and/or visual recordings of them in any publication.
7.5. Brainwave reserves the right to terminate, suspend, cancel or amend the offer and these Terms and Conditions, reward structure, participation of any Brainwave Customer in the Promotion at any time. Any changes will be published on the Brainwave website and other social media platforms and shall be binding on a Customer. Brainwave will endeavour to minimize any effect on the consumer in order to avoid disappointment.
7.6. In the event of dispute regarding the interpretation of the Terms and Conditions, conduct and all other matters relating to the Promotion, the decision of Brainwave shall be final and without appeal.
7.7. These Terms and Conditions will remain in full force and effect while the Promotion lasts (not considering temporary suspensions of the Promotion for operational reasons, e.g. for repairs, planned maintenance or upgrades).
7.8. These Terms and Conditions shall be governed by and construed exclusively in accordance with the laws of the Republic of Ghana.