TERMS AND CONDITIONS

of the DRIVER OF THE MONTH Promotion



  1. The Promoter is inDrive.
  2. The Organiser is Havas Media Kenya.
  3. By entering the promotional competition, all participants and Winners agree to be bound by these terms and conditions which will be interpreted by the Promoter, whose decision regarding any dispute will be final and binding.
  4. The Promoter reserves the right to amend, modify, change, postpone, suspend or cancel the promotional competition, including these terms and conditions, and any prizes (which have not yet been subject to a draw), or any aspect thereof, without notice at any time, for any reason which the Promoter reasonably deems necessary.
  5. In the event of a discrepancy between promotional material (or any other sources of information digital or print) and these terms and conditions, these terms and conditions shall prevail.
  6. This contest is a promotion for inDrive app users and is not a lottery or a gamble.

HOW TO PARTICIPATE


  1. The promotional competition is open to all Kenyan citizens over the age of 18 years who reside within the boundaries of Nairobi and is in possession of a valid Kenyan identity document except:
  2. any employee, director, officer, member, partner, agent, consultant, advertising agencies, advisers, dealers, supplier, affiliates and/or associated companies of the Promoter or any person who controls or is controlled, directly or indirectly, by the Promoter and/or immediate family members of the aforesaid people; and
  3. any employee, director, officer, member, partner, agent, consultant, advertising agencies, advisers, dealers, supplier, affiliates and/or associated companies of the Organiser or any person who controls or is controlled, directly or indirectly, by the Organiser and/or immediate family members of the aforesaid people, (hereinafter referred to as “the Disqualified Persons”).
  4. This promotional competition of DRIVER OF THE MONTH is open from the 1st of September 2023 from 00h00 (midnight) on that day and ends at 24h00 (midnight) on the 30th of September 2023. Any entries received before or after the closing date will not be considered.
  5. To enter, a participant will be required to:
  6. Have registered as a driver with inDrive before 31 May (inclusive) and have performed the most rides between the 1st and 30th September (inclusive) to qualify for Drivers of the Month OR
  7. Have registered as a driver with inDrive between 1 July - 30 September (inclusive) and have the most rides between that period to qualify for the Best Newcomers OR
  8. Have registered as a driver with inDrive before 31 June (inclusive) and have the largest incremental increase in the number of rides between the 1st and 30th September (inclusive) to qualify for Most Improved Driver
  9. AND Participants can only win in one category.
  10. Entries that are lost, delayed, corrupted, unclear, illegible or contain errors or do not comply with these terms and conditions and entries received from Disqualified Persons will be declared invalid.
  11. The Promoter assumes no liability whatsoever for any entry that has been omitted from participation for any reason whatsoever.
  12. The Promoter is not liable for any technical failures affecting the participation and/or prize redemption process of the promotional competition.
  13. The participant warrants that he/she submits the entry to the promotional competition on behalf of himself/herself and no one else.
  14. The participant acknowledges that the use of a false name, identity or address will result in disqualification and the entry being invalid.

WINNERS AND RESULTS ANNOUNCEMENT

  1. The winners of the promo will be determined as follows:
  2. The top 10 drivers with the most rides between 1-30 September 2023 (inclusive)
  3. The 15 (new) drivers with who registered with inDrive between 1 July and 30 September (inclusive) with the most rides
  4. The 25 drivers who registered with inDrive before 31 June (inclusive) and have the largest incremental increase in the number of rides between the 1st and 30th September (inclusive)
  5. Winners will be announced by the 11th of October, 2023 at 12:00 East Africa Time. Winners will receive information about prizes on: https://promo.indrive.com/driverofthemonthke
  6. The prizes shall be awarded as follows:
  7. Winner(s) will be selected with all correct entries received by the closing date.
b. The draws will take into consideration all entries received within the campaign duration that complied with all of the Terms.
c. The Promoter or a company nominated by the Promoter will contact a potential prize Winner via telephone.
d. A potential prize Winner is not an actual Winner until his/her status as an Eligible Contestant is confirmed, their entry submission has to be validated.
e. THREE attempts will be made to contact each potential prize Winner between the 1st and 7th of September (inclusive) . Should he/she not be reachable, the prize will automatically go to the next name drawn. This will continue until all prize Winners are determined.
f. Upon receipt of the message, the potential prize Winner may be required to provide his/ her name, surname, email address and home address. This will be used to verify the identity of the potential prize Winner and to organise the logistics of the prize.
g. If a potential prize Winner does not meet the eligibility requirements, then the prize will be forfeited and awarded to another Eligible Contestant selected following the provisions of the Terms.
  1. Eligible Contestants that are selected as Winners consent to having their names published in the following media:
i. On the Promoter's social media platforms: Instagram, Facebook
ii. As a push notification on the Promoter’s app

19. The Promoter may, after a Winner has been publicly announced, request that such Winner agrees in writing or otherwise to endorse, promote and advertise the goods or services of the Promoter, at no cost or expense to the Winner. The Winner may also be required to take part in publicity campaigns for broadcasting or publishing purposes but will be requested to consent to having their photograph taken for marketing purposes. All Winners have the right to decline such a request.
  1. The Promoter/Organiser/judges’ decision is final and no correspondence will be entered into.

PRIZE DETAILS

  1. Prize details
  2. Driver of the Month prize includes 1x inDrive branded dummy cheque, 1x inDrive branded t-shirt, 1x inDrive branded cap and 1x Fuel Voucher worth US$200.
  3. Newcomer of the Month prize includes 1x inDrive branded dummy cheque, 1x inDrive branded t-shirt, 1x inDrive branded cap and 1x Fuel Voucher worth US$100.
  4. Most Improved Drivers of the Month prize includes 1x inDrive branded dummy cheque, 1x inDrive branded t-shirt, 1x inDrive branded cap and 1x Fuel Voucher worth US$50
  5. The total value of the prize fund is KES 1,350,129.
  6. Please note that entry into this promotional competition does not automatically guarantee a prize.
a. Website entry costs are subject to entrants' cell phone data costs.
b. The Promoter shall not be responsible for telecommunication failure on the part of the Eligible Contestant’s service provider.
  1. The prizes are subject to availability, are not exchangeable for cash, not transferable and the Promoter is not liable for any defect in the prize. The Promoter reserves the right to substitute the prize with any other prize of comparable commercial value.
  2. Should any Winner refuse or be unable to comply with the terms and conditions of the promotional competition for any reason, such Winner will be deemed to have rejected the prize and it shall revert back to the Promoter.

PRIZE DELIVERING

  1. The Promoter will have the prize delivered to the address of the Organizer (Pine Tree Plaza, 8th Floor, Kaburu Drive, Nairobi, Kenya). The Winner must collect their prize from the Organizer’s address. The Winner, however, bears the sole responsibility if these details are incorrect. The Winner will forfeit the prize if delivery cannot take place because the Winner cannot be reached with the provided details.
  2. If a prize has not been claimed or collected after 72 (seventy-two) hours of it being allocated to a Winner, or no reasonable effort is made on the part of the Winner to claim the prize, then the prize will be forfeited and will be allocated to a new Eligible Contestant that is selected following the provisions of the Terms. The Promoter and its promotional and advertising agents, merchandisers, and organizers shall not be responsible for any decline of acceptance of prizes for any reason.

LIMITATION OF LIABILITY

  1. All participants and the Winners, as the case may be, indemnify the Promoter, its advertising agencies, advisers, nominated agents, suppliers, affiliates and/or associated companies against any and all claims of any nature whatsoever arising out of and/or from their participation in any way howsoever in the promotional competition (including, as a result of any act or omission, whether as a result of gross negligence, misrepresentation, misconduct or otherwise on the part of the Promoters and/or use of the prize).
  2. Neither the Promoter nor any employee, director, officer, member, partner, agent, consultant, advertising agencies, advisers, dealers, supplier, affiliates and/or associated companies of the Promoter shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which may be suffered by the participant.
  3. The Promoter will require the Winners to complete and submit an information disclosure agreement and indemnification to enable the Promoter to ensure compliance with these terms and conditions and the Consumer Protection Law.
  4. This promotional competition, including its prizes, is subject to the National Covid-19 pandemic and the relevant rules and regulations as may be promulgated by the Government from time to time. If such rules and regulations were to prevent the Promoter or Organiser from providing Winners with their prizes, such prizes will be delivered as soon as the regulations permit it.
32. All Eligible Contestants and Winners indemnify the Promoter, its directors, employees, contractors, advertising agencies, advisors, suppliers, and agents against any risks, loss, claims or ownership arising from:
a. the use or disposal of the prize including, but not limited to, accident, injury, harm, or loss;
b. their participation in the Competition, including any costs associated with such participation;
c. any subsequent transfer or exchange of the prize; and/or
d. any lawful cancellation or termination of the Competition or the correction of any errors or omissions within the Duration of the Competition.
33. The Promoter shall not be liable or responsible if it is delayed or unable to perform any of its obligations of the Terms of this Competition for any reason, including but not limited to, stock unavailability, strike, lockdown, destruction of a prize on the route by any means, any civil commotion or disorder, riot, the threat of war, any action taken by governmental organisations
34. In no event shall the Promoter be liable for any claims, penalties, losses, damages, expenses, howsoever arising, out of or in connection with any illegal act, omission, neglect or default of the Participant during the Referral Program or as a consequence of the Participant involvement in the Program.
35. The Participant will indemnify, defend and hold harmless the Promoter, its directors, officers, employee, agents, its advertising agencies, advisers, nominated agents, suppliers, affiliates and/or associated companies, from and against all claims, losses, damages, liabilities and expenses (including fines), howsoever arising, out of or in connection with the Participant’s breach of any laws, regulations, standards, codes.


PERSONAL DATA PROTECTION


  1. By entering this promotional competition, the participant agrees:
  2. The participant is willing to supply his/her full names and contact details, including a valid mobile number and valid e-mail address;
  3. The participant agrees to the processing of his/her personal information in accordance with the Promoter’s Privacy Policy and the Kenyan Data Protection Act, 2019;
  4. The participant agrees to receive marketing material from the Promoter;
  5. The participant grants inDrive and the Organiser of the promotional competition permission to make use of his/her entry (which is inclusive of his/her photo or video) in further marketing correspondence with regards to the promotional competition and other marketing and or promotional offers such as inDrive’s social media campaigns;
  6. The participant agrees to the usage of his/her name, photographs or videos and disclosure of his/her country/province/town of residence and will cooperate with any other reasonable requests by the Promoter or the Organiser relating to any post-winning publicity, but the participant may decline to do so, in which event the participant’s entry shall be invalid.
  7. Each participant who enters the Competition, authorizes the Promoter or a company nominated by the Promoter, to collect, store and use their personal information as an entry mechanism, for communication, announcements of the Winner’s names, and/or statistical purposes. The personal information collected will be stored by the Promoter after the conclusion of the Competition for such period and to the extent permitted by law (for the duration of the competition). Eligible Contestants can opt out of future communications at any given time by clicking on the unsubscribe function within our emails and SMS.

TAXES

38. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes.

OTHER

39. The owners/proprietors of the brand(s) associated with the prizes are in no way affiliated with the Competition and are not sponsors of this Competition.
40. The Terms and any dispute arising from the Competition will be governed by Kenyan law.
41. You, contact our Promoter’s Customer Service Centre on +2440 203 868 285 during operating hours: Monday to Friday, 09h00 to 17h00, excluding Public Holidays should you have any queries.
42. By choosing to enter our competition you agree to participate and abide by all of the above mentioned Terms.