USER AGREEMENT
This User Agreement for our Services (as defined below) is divided into multiple sections. Please read this agreement carefully before accepting.
The 'Winabig App' and website www.winabig.com is operated from our offices, located on the 1 st Floor – Malaki 2409, Dade Street – North Labone Estates, Accra. PO Box CT 2073 – Cantonments, Accra. (Together referred to as ("Winabig", "we", "us", "our"). You agree to review this User Agreement in its entirety, where the terms of this User
Agreement may be applicable to your use of one or both of the Winabig App and Winabig website. You, the user ("user", "you", "your") agree and understand that by clicking and continuous use, you confirm to have read, understood, and acknowledged to be bound by our terms to access and use the Winabig website, and the Winabig App (together the "Platform").
This User Agreement and Privacy Policy (together the "Terms") set out the basis upon which you can access and use the Platform. The Terms apply regardless of how you access the Platform and regardless of the technologies or devices by which the Platform is made available to you. Other terms and conditions may be applicable to certain specific draws made available on our Platform, either directly or through third-party sites. Nothing in these Terms affects your statutory rights as a consumer under applicable laws.
The following provisions apply with respect to your use of any version of the Winabig App.
By creating an account on the Platform, you have access to the Winabig App where you may purchase draw tickets. In order to enter a Draw on the Platform, you will need to purchase a ticket available on the Winabig App. Once you have made payment, you will receive a Ticket to enter a Draw. Depending on the outcome of the Draw, you may
win exclusive Prizes. Please refer to the Draw Terms in this User Agreement for further details of how our Draws work.
The personal information you provide in the course of using the Platform will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into and form part of the Terms.
It is imperative for Winabig to ensure that users of the Winabig App are able to enter into legally binding contracts and that minors do not purchase, use, or have access to unsuitable content. Participation and/or use of the Platform is not available to persons under the age of 18 years old or the legal age applicable in your jurisdiction to enter into a contract, if different. By using the Platform, you represent and warrant that you are of the correct legal age to enter into this User Agreement in the jurisdiction you are in, and that all information you submit is accurate and truthful when registering any information with the Platform or providing any information to us. The Platform is not available to users whose participation has been refused, limited, suspended or withdrawn by Winabig.
No user may register on the Platform as a participant more than once.
In order to access the Services and utilize the Platform, you will be required to create an account and register information with us in order to create a participation ("Participation"). You agree that any information provided to us will be complete and accurate, that you will not register under the name of, nor attempt to enter the Participation under the name of, another person, and that you will not adopt a username that we in our sole discretion, deem offensive. We reserve the right to refuse a Participation, or limit, suspend or withdraw access to the Platform to any person at any time and for any reason.
You are responsible for promptly updating details of your Participation such that the details are at all times considered true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Winabig suspects, in our sole discretion, that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, we have the right to suspend indefinitely, limit or withdraw your Participation and/or your access to the Platform.
When registering your account on the Platform in order to create your Participation, you will be required to provide certain information and register a username and password for use of the Platform. To keep your Platform account secure you have to protect your account through reasonable means, and you are responsible at all times for maintaining the confidentiality of, and restricting access to and use of, your Participation account and password.
You agree to accept responsibility for all activities that occur under your Participation account. If someone other than you, uses the Platform with your login information you will be held accountable for all actions taken in your name.
You may not, at any point in time, use any other person's Participation. You agree to reimburse Winabig in full for any costs, expenses and damages caused by improper, unauthorized or illegal use of your Participation and password by you or any person obtaining access to the Platform with your Participation login details.
You may not transfer or sell your Participation or account details to another party, and you undertake that you are solely responsible for all activities conducted on the Platform through the use of your Participation login details.
To fulfill our obligations to you under these Terms, and for additional purposes of marketing, we shall communicate with you by email, by other forms of electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically, and these electronic communications will satisfy any legal
requirement for communications which need to be in writing.
You may not access or use the Platform or the Services for any purpose other than the purpose for which we make the Platform and our Services, as applicable, available to you, and you may not use either the Platform or the Services in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the
Platform.
Without limiting the generality of clause 7.1, when accessing the Platform, or using our Services, you shall not:
If you make a payment for a ticket available on our Platform, the details you are asked to submit will be provided directly to our payment provider via a secure connection. Please ensure you have read/ are familiar with the applicable terms and conditions provided by your Bank, Mobile wallet or Card payment service provider prior to the
transaction.
Multiple transactions by you on our Platform may result in multiple postings to your monthly credit or debit card statement. The ticket prices displayed on our Platform are inclusive of VAT. You may be charged in GH¢ (Ghana Cedi) or US Dollar (United States Dollar) depending on where you are using the Platform from, and what type of credit or debit card you are using. In such cases, there may be slight differences in values due to changes in foreign exchange rates.
We are not responsible and shall not compensate you for any loss that occurs due to these rate fluctuations. Winabig gives no warranties or representations whatsoever in relation to the exchange rates it provides for any transaction and is under no obligation to provide the best or most competitive exchange rates available.
The Platform and the materials on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Winabig, and are subject to copyright and other intellectual property rights in Ghana and foreign laws and international conventions where applicable.
In connection with the Services, the Platform may display certain content belonging to third parties. Use of this content may be subject to a license granted by third parties to Winabig. You shall, in no event, reverse engineer, decompile, or disassemble such content, and nothing herein shall be construed to grant you any right in relation to such content. Materials on the Platform are provided to you "as is" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Winabig reserves all rights not expressly granted herein, to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein.
Content displayed on or through the provision of the Services are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from, or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
You will be exposed to Materials from a variety of sources, and, as far as the applicable law allows, Winabig is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to such Materials, and you agree and assume all liability for your use of any such Materials.
The use of any third-party application is subject to any terms and conditions provided with such third-party application and is not governed by us. Winabig is not responsible for any third-party applications, and you acknowledge that such applications may be modified or removed by their original publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any third-party applications (including any content therein) and Winabig hereby disclaims any and all liability to you or any third-party related thereto.
Winabig does not have any obligation to examine or scan third-party applications, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any third-party applications. The fact that a third-party application is available via our platform is not an endorsement, authorization or representation of Winabig's affiliation with any third-party, nor is it an endorsement of such third-party application, and you hereby waive any legal or equitable rights or remedies you have or may have against Winabig with respect thereto. Winabig exercises no control over third-party applications, products, services, software or any online platform and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through any third-party applications, products, services, software and any online platform.
We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party applications, products, services, software and any online platform.
To offer a reliable and enjoyable service we need to fix bugs, install updates and perform general diagnosis and maintenance. We cannot warrant that the Platform and Services will always be uninterrupted, problem-free, free of omission, or error-free. To the extent allowed by law, the Materials and function of the Platform, and Services, are provided on an "as is" basis without warranties of any kind, whether expressed or implied.
Information obtained on the Platform may not always be accurate. We use other providers to provide data on which we base the information detailed on the Platform. We try to make sure that the data is correct and up-to-date together with our partners, but we cannot guarantee that this will always be.
To the maximum extent permissible by applicable law, we, our group entities, subsidiaries and affiliates ("Companies"), and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees: shall not be responsible for any infringement or transaction dispute, including, but not limited to, transaction
disputes about quality, safety, breach of warranty, and payment by you; are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including,
without limitation, incidental and consequential damages, loss of revenue or anticipated profits, loss of goodwill, loss of business or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we advised of the possibility of such damages; exclude any and all liability for damages caused by any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or a combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from use of
the Platform; and expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
You agree to defend, indemnify and hold harmless Winabig and its Companies, and its and their officers, directors, shareholders, successors, assigns, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your breach of any provision of this User Agreement; (ii) your breach of any third-party right, including without limitation any copyright, trademark, trade secret or other intellectual property, or privacy right; (iii) your use of the Platform or the Services, or (iv) any claim that the Platform, Services or any Materials caused damage to you or a third-party. This defense and indemnification obligation will survive termination, modification or expiration of this User Agreement and your use of the Services and the Platform.
Winabig may establish limits from time to time concerning use of the Services, including among others, the maximum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other content that may be transmitted or stored by the Services, and the frequency with which you may access the Services or the Platform. Winabig reserves the right at any time to modify or discontinue the Service on the Platform (or any part thereof) with or without notice (without the need for a court order), and that Winabig shall not be liable to you or to any third-party for any such modification, suspension or discontinuance of the Service.
In the event of termination, you will no longer be authorized to access the Platform or your Participation, and we reserve the right to use any means possible to enforce this termination. You undertake to immediately notify Winabig of any unauthorized use of your Participation or any other security breach.
Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be
entitled at law.
Under no circumstances will we be held liable for any delay or failure or disruption of the Services delivered through the Platform or any disruption to the Platform itself resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, epidemics, pandemics, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.
Assignment and Third-Party Rights: You may not assign or subcontract any of your rights or obligations under these Terms to any third-party unless we agree in writing. We may assign, transfer or subcontract any of our rights or obligations under these Terms to any third-party at our discretion and without the need for your consent or the requirement to provide you with notice. We may amend these terms at any point in time without notice, and the amendments will take effect once they have been indicated in this document. You acknowledge and agree that it is your responsibility to review our general terms periodically to familiarize yourself with any modifications. Your continued use of the Platform following any amendments shall be construed as acceptance of those amendments.
The Terms shall be governed by and construed under the laws of Ghana and regulated by the National Lottery Authority (NLA).
These Terms may be published in English and the official language of a particular jurisdiction you may find yourself in. If there is any inconsistency between the English text and the translated text, the English text will prevail.
You can contact us at: support@winabig.com.
In addition to your agreement with the Terms, the following provisions apply with respect to you participating in our contest draws ("Draw(s)") and winning the prizes ("Prize(s)").
We may amend these Draw Terms at any point in time without notice and the amendments will take effect once they have been displayed on the Platform. You acknowledge and agree that it is your responsibility to review these Draw
Terms periodically to familiarize yourself with any modifications. Your continued use of the Platform and/or entry into Draws following any amendments shall be construed as acceptance of those amendments.
Draws will be approved by the relevant authorities in Ghana and are in accordance with the guidelines (as such they may be amended from time to time). A valid permit number will be issued for each respective Draw. Where Draws are being run from any other jurisdiction outside Ghana where we may operate from, Winabig will obtain the necessary regulatory requirements and permits as stipulated by the law in such jurisdiction.
Only users with a valid Participation on the Platform who satisfy all the Terms are eligible to enter our Draws. The types of Draws vary on the Platform. Each ticket purchased on the Winabig App in accordance with these Terms is associated with a specific Draw whereby a user is awarded at least a single ticket ("Ticket") to that specific Draw after purchase of same. Ticket numbers are computer-generated and may not be sequential to the order in which the draws they are associated with are purchased. You cannot choose Ticket numbers as they are auto-generated and only upon checkout and completion of purchase of same. Tickets awarded to you through your use of our Platform are neither refundable nor transferable and are owned solely and exclusively by you.
The length of each Draw varies, and the date when the Prizes are awarded can occur on any day of the week for the Draws that have 'sold out' a minimum of 24 hours prior to the day of the Draw. The Draw shall occur in the presence of a representative from the regulatory body, unless the authority permits otherwise, and as such the results of any Draw are not subject to negotiation, interference, challenge, or argument by a participant. The Draw date will be subject to the availability of the regulatory body’s representative.
The deadline to enter any Draw using your Ticket is prior to the sell-out of all tickets allocated to a specified Draw, or prior to the closure of the Draw (which happens before the Draw date); or, in the case of a timed Draw, prior to the end of the timer displayed on the campaign box of the specific Draw. The period of the Draws can be extended at Winabig's sole discretion, and you will be duly notified of any such extension.
Winners of the Draws are selected by the representative from the regulatory body and will be notified on the day the Draw occurs. Unless otherwise specified, the number of winners per Draw will always be one (1). On the Draw Day, an email will be sent to the registered email on the Platform detailing the next steps and how you
can claim the Prize, which may include the following:
In the event the winner is based in Ghana, he/she needs to collect the Prize from our premises within thirty (30) calendar days and present valid identification as shall be required, in our sole discretion, in order to collect the Prize. Failure to collect the Prize within this time period will result in us transferring the Prize to the government authority after which Winabig will have no further responsibility with respect to the Prize. Post transfer, the winner must liaise with the government authority whereupon he/she will be subject to their terms and conditions. In the event one finds him/herself immobile or out of the country upon winning a prize, he/she will be able to activate our Proxy Collection provision, by submitting the following: proof of current location, a signed Authority letter, and an original valid national ID. If he/she would prefer to collect their prizes themselves, the said prize will be in Winabig’s possession for a maximum of 70 calendar days, after which they will be transferred to the NLA, and Winabig will have no further responsibility with respect to the prize. Post transfer, the winner must liaise with the NLA whereupon he/she will be subject to their terms and conditions. In specific instances, Winabig reserves the exclusive right to propose a potentially more viable alternative to winners by allowing the conversion of a winning prize to a discounted cash amount, based on prevailing circumstances. Each situation involving a Prize-for-Cash Swap will be uniquely assessed and addressed, ensuring that decisions are made in alignment with the company's sole discretion and guided by the distinctive details of each individual case.
By entering the Draw, all winners consent to the use of any and all content made by or provided to us. This includes but is not limited to the use of their names, photographs, videos, call recordings and other material created during the Draw, in the press, on the Platform and on any social (online) media profile associated with us. Winners will also be required to publicize collection of their prizes on at least one personal social media handle (Facebook, Instagram, etc.), tagging Winabig in the process. You may choose to withdraw your consent at any time, but this may affect your entrance into a Draw.
All Prizes displayed on our Platform will be awarded, as displayed, with only minor (if any) physical changes. Where the registration or transfer of ownership of a Prize is necessary, such registration or transfer of ownership will be made against the name of the winner only, as it appears on the winning ticket. By entering the Draw of a Prize where registration or transfer of ownership is necessary, you agree that you meet the required government and regulatory criteria to receive such registration or transfer of ownership. If any winner is subsequently found ineligible to participate in a Draw, we may at our sole discretion reclaim the Prize or dispose of the same in such a manner and to such person(s) as we deem fit. All such decisions will be in line with applicable laws. We will not be responsible for arranging any insurance, including travel insurance, medical insurance, transport, meals, or any other expenses of a personal nature incurred by the winner in the collection of their Prize, unless otherwise agreed by us in writing.
We will not be responsible for claims, damages, or expenses of any nature whatsoever for any loss, illness, bodily injury, including death, of or to any winner and/or any third-party during and/or in the course of usage of any Prize or due to any defects in any Prizes.
Winners are responsible for any and all tax liability where applicable.
Winabig is regulated by the National Lottery Authority
on the
Caritas Lottery Platform
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