Introduction

1. The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks Proprietary Limited South Africa (“MTN”) and Streamplay Studio (Proprietary) Limited ("Streamplay"), together referred to as “Organisers”, will have towards Customers and other persons.
    

2. These Terms and Conditions also limit and exclude Customers’ rights and remedies against the Organisers and place various risks, liabilities, obligations and legal responsibilities on the Customer.
    

3. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts, and the Organisers may also have claims and other rights against the Customer.
    

4. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
    

5. The Customer must read these Terms and Conditions. Your participation in the competition will constitute an agreement to comply with these Terms and Conditions.
    

6. Please pay special attention to all the clauses. These Terms and Conditions are subject to and must be read together with your Subscriber Contract Terms and Conditions, Postpaid Price Plan Terms and Conditions, Prepaid Price Plan Terms and Conditions; and Product/Service Terms and Conditions should they be applicable.
    

Terms and Conditions

1. Campaign
   Arena + will run a series of promotional competitions and sub-campaigns during the Competition Period ("the Competition"). The number, value, and distribution of prizes of the Competition will be published on Arena +, each with specifically applicable terms and conditions in addition to these Terms and Conditions.
    
2. Period
   
   1. The Competition will run from 1 October 2022 to 31 March 2023 ("the Competition Period").
       
   2. MTN may, in their sole and absolute discretion, amend or withdraw the competition without notice to entrants. The entrant must visit www.mtn.co.za and/or arena5g.mtn.co.za for notices, updates and/or changes to the competition.
       
3. Who may enter
   
   1. To be eligible to enter, the entrant must:
      1. be an MTN subscriber (PayAsYouGo, TopUp or Contract);
      2. be located in South Africa;
      3. subscribe to Arena +;
      4. be a natural person; and
      5. be 18 years or older.
          
   2. Participation in the Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Organisers or marketing service providers of the Competition, (and the spouses, life partners, immediate family members or business partners of the people or entities listed above). This means:
      1. the Organisers;
      2. supplier/s of goods and or services in terms of the Competition; and
      3. promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Competition Period.
          
4. How to enter
   
   1. During the Competition Period, the entrants who meet all of the criteria referred to in clause 3 above must do the following in order to stand a chance to win:
      1. Subscribe to Arena + by visiting https://arena5g.mtn.co.za and selecting “Join now” (or via any other available channel); and
      2. Join and compete in any of the tournaments available during the Competition Period.
          
   2. Once the qualifying entrant has fulfilled the requirements of clauses 3 and 4.1 above, they will be eligible to win prizes.
       
   3. Winners will be notified telephonically or by email by the Organisers and/or its authorised agents on or as soon as possible after each draw.
       
   4. Entrant’s acknowledge and accept that the Organisers may utilise a third party (the Organisers’ authorised agent/s) to contact the entrant, in the event that the entrant is a winner, and arrange delivery of the Prize. In order to effect the contacting and delivery process, the Organisers shall provide the entrant’s information to such third parties.
       
5. The prize/s
   
   1. Entrants who fulfil the requirements stated in clause 3 and 4 above, stand a chance to win a share of the monthly prizes on offer for any of the tournaments which they have competed in.
       
   2. At Steamplay’s sole discretion, it may elect to settle any Prize won by an entrant by substituting such Prize with a Takealot.com online voucher, competition promoted hardware products or an EFT into Winner’s confirmed bank account for the same Prize value.
       
   3. Winners are only entitled to win 1 (one) Prize each week.
       
6. General
   
   1. The Organisers, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s participation in the Competition or the entrant’s redemption of any Prize in terms of this Competition, or from any amendments to Prize details and/or the terms and conditions of this Competition. All entrants (including the winner) hereby expressly indemnify the Organisers in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
       
   2. In so far as it is necessary, required by law or beyond the reasonable control of the Organisers, the Organisers reserve the right to vary the nature of the Competition, the Prize, or these terms and conditions upon notice in this regard being published on https://www.mtn.co.za, https://arena5g.mtn.co.za or in another appropriate medium. In the event that the Prize is limited or varied in this manner, the Organisers shall replace the Prize with a prize of a similar economic value.
       
   3. With regard to clause 6.2 above, any amended terms and conditions published in any media, https://www.mtn.co.za, or on the MTN Arena 5G website https://arena5g.mtn.co.za will form part of the terms and conditions of the Competition, to which terms the entrants agree to be bound.
       
   4. Winners shall be contacted on the cell phone number/via the medium used to enter the Competition or in terms of any contact details supplied by the winner when entering the Competition during office hours. The Organisers shall attempt to contact the winner for a period of 1 (one) month during working hours after their name is drawn as a winner. Draws take place within 14 (fourteen) days from each individual Competition end date.
       
   5. In the event that the winner is either uncontactable (during the time frames stipulated in clause 6.4) or in the event that the winner rejects, or declines acceptance of the Prize, the Prize shall be awarded to the next runner up. Further, should contact have been made by the Organisers with the winner after they have won a Prize and the winner is thereafter uncontactable for the purposes of delivery of the prize, the Organisers shall attempt to contact the winner for a period of 1 (one) week and if the winner remains uncontactable, the Prize will be awarded to the next runner up.
       
   6. The Prize is not transferable and is not exchangeable for another prize by the entrant.
       
   7. The decision of the Organisers in respect of disputes arising out of this Competition shall be dealt with by the Organisers in terms of these terms and conditions. The decision of the Organisers in this regard shall be final.
       
   8. The Organisers reserve the right to withhold the Prize until they are entirely satisfied that the claimant of the Prize is the bona fide winner and reserves the right to call for such proof as it may deem necessary.
       
   9. The Organisers shall request that winners consent in writing to their name, image and likeness being used and published by the Organisers in connection with this Competition for a period of 12 (twelve) months after they are announced as winners. Winners may decline the use of their name, likeness and image by the Organisers.
       
   10. By entering this Competition entrants signify their consent to be bound by the terms and conditions contained herein.
        
   11. Winners agree that it is an express condition of the Competition that in order to be eligible to redeem the Prize, the winner shall be required to sign the appropriate acknowledgement of receipt of the Prize, as well as an indemnity and/or waiver of liability as reflected in these terms.
        
   12. Entrants acknowledge and accept that Prizes may be transferred electronically into their designated bank account via EFT.
        

Terms of Use

1. Introduction
   The Service is operated by Streamplay Studio Proprietary Limited, which is a limited liability company registered in Australia (ACN 616 572 144), trading here as ‘Streamplay Studio’ (the “Company” ,"we","us",“our”).
    
2. Arena + Terms of Use
   SUBSCRIPTION SERVICE: 18+ ONLY. NOTICE: The Arena + service is provided subject to these terms and conditions (https://arena5G.mtn.co.za/en/terms-conditions) which explain how you may access and use the service, and the Privacy Statement which explains how we process and use your personal information (the "Agreement").
    
3. Arena + Content and Pricing
   Arena + is an online platform through which we offer installation free and instant access to high quality interactive cloud gaming tournaments accessible on 5G enabled mobile devices, plus an extensive amount of new content and categories added on a regular basis (the "Content"). Being a member of Arena + gives you access to this wide and varied selection of Content.
    
   Arena + is a pay-per-play mobile service which utilises Arena + Credits (the "Tokens") to provide access to the Content while you retain a positive Token balance (the "Service"). The charge for additional Tokens will be recovered directly from MTN and you will, in turn, pay MTN on either an ad-hoc or recurring basis. You authorise us to recover the relevant amounts directly from your network service provider who you authorise to pay us. You confirm that you are allowed to provide the authorizations given above. Network charges may also apply. Any unused tokens will expire after 30 days from the date of issuance.
    
   Arena + offers the following options to purchase additional Tokens:
   

    

   Recurring Billing:
   R5 per day for 5 tokens
   R15 per week for 20 tokens
   R30 per month for 45 tokens
    
   
   Ad-Hoc Purchase:
   R10 per 10 tokens
   R20 per 25 tokens
   R50 per 70 tokens
   

 

4. Cancellation
   You are free to cancel your subscription at any time by following the instructions below: To unsubscribe dial *155# to follow the prompts and manage the cancellation of subscriptions. We do not provide any monetary refunds for any credits on your account.
    

Agreement

1. Introduction
   The Service is operated by Streamplay Studio Proprietary Limited, which is a limited liability company registered in Australia (ACN 616 572 144), trading here as ‘Streamplay Studio’ (the “Company” ,"we","us",“our”).
    
2. Effect of this Agreement
   1. By consenting to this Agreement and/or by continuing to use the Service you are bound by the entirety of this Agreement. In the case of any inconsistency between any specific rules applicable to certain Content and this Agreement, this Agreement shall prevail.
       
   2. We reserve the right to make any amendments to this Agreement, as we deem necessary, in our sole discretion. By continuing to use the Service you are accepting any changes to this Agreement which will be published on Arena +.
       
   3. Please note that to access or play certain Content, you may be required to accept the terms and conditions of use specific to such Content. Any such terms and conditions agreed to between you and the licensor of such Content, shall apply in addition to this Agreement, and such terms of use shall not in any manner limit, restrict, waive or substitute this Agreement.
       
3. Your Representations
   
   1. By seeking to register with us or by using the Service you hereby represent and warrant to us that at all such times you:
      1. are located in South Africa;
      2. are aged 18 years or over;
      3. are of sound mind and capable of taking responsibility for your own actions;
      4. can enter into a legally binding agreement and you are the person who has registered with us;
      5. understand that you may be charged for using the Service and that you accept full responsibility for any such charges that may apply;
      6. are acting as principal and not on behalf of anyone else;
      7. are the lawful owner of the mobile device which you registered to the Service during the registration process or any subsequent mobile device registered on the Service.
          
   2. You agree to abide in full by this Agreement.
       
   3. You may only access the Content and/or use the Service by accessing: https://arena5g.mtn.co.za (the "Website"). You are not allowed to access the Service through any other medium.
       
   4. You hereby warrant to us that:
      1. all information provided in your registration to the Service and all personal information provided to us is complete, accurate and not misleading;
      2. you will only use the Service strictly for legitimate purposes only; and
      3. you will not attempt to hack, make unauthorised alterations to or introduce any kind of malicious code to the Website, the Service or the Company by any means. Charges and proceedings may be brought against you if you try to manipulate the Service or any of the Content and we reserve the right to pass on such information as we deem necessary to the relevant authorities if we become aware or suspect that you are involved in any such activities. You agree to any such disclosure.
          
4. Updates
   We may, at our sole discretion, change in whole or in part the format of the Service or the Content that we offer in order to enhance, correct or support such Services or Content or for any other reason.
    
5. Registration
   
   1. Before you are able to access any of the Content or use the Service, you will be required to register with us by completing the registration process on the Website. You will be required to provide certain personal information. Please refer to our Privacy Statement to see how we treat the personal information collected from you. When registering, you must provide accurate and complete information. You are responsible for keeping your account and password confidential and for restricting access to your mobile device.
       
   2. Following registration, you will be provided with access to the Service, upon being successfully billed by us via the mobile phone number that you registered with. Transactions made using your mobile number are accepted by us strictly on the understanding that you are using the Service. You agree to be solely responsible for use of the Service through use of your mobile device at all times. If an alternative source has accessed your mobile number we accept no liability whatsoever including but not limited to, any additional charges which may be incurred, and/or information lost, stolen or misused. If you believe that your mobile number is in any way being misused by a third party please inform us immediately so that we may suspend the Service.
       
   3. We reserve the right to verify your identity at any time We reserve the right to conduct checks against any of the details provided by you to us in your registration. If upon our request you fail to provide evidence of proof of age or other requested information this will result in the suspension of your registration and/or the Service.
       
   4. Upon completion of the registration we will send a confirmation SMS to the mobile number which you provided, stating that your registration is now complete.
       
   5. We reserve the right to monitor the use of the Service and we may elect, in our sole discretion to suspend and/or terminate the registration if we consider or suspect that the Service or any parts thereof is being used in breach of this Agreement or for any other reason that we deem necessary, without any notice or liability.
       
   6. You agree to return in the same condition or forthwith settle to us the cash equivalent (if applicable, and calculated as at the date(s) of the prize(s) being awarded) any and all prizes which may have been awarded to you under the Service, in circumstances where we subsequently discover that you have breached this Agreement (including without limitation where the mobile number used to register to the Service, the use of the Service and/or the registration itself is disputed).
       
   7. We reserve the right to record all telephone calls made to us by you, and to monitor all information relating to the Service for which purposes you consent, including forwarding on such calls to our authorised third parties.
       
6. Compatibility
   
   1. It is your responsibility to acquire and maintain, at your own expense, the necessary mobile device, communication lines, data and Internet access accounts required to access the Services. We can not guarantee that access to the Services or the Content shall be error free. You may experience problems or be unable to access or download certain Content successfully depending on the mobile device used to access or download certain Content onto. Access via streaming will be available for all smart devices.
       
   2. For feature devices which are not compatible with streaming, downloads will be available. Non-android smartphones (such as iOS devices and Windows devices) and possibly some Android phones will only be able to access limited Content due to the type of Operating systems on the mobile devices. This is an issue with the third-party technology used in the provision of the Content which is not available on all handsets and is out of the Company’s control. If you have this type of issue that limits your access to some or all of the Content and would like to raise a query or ask for technical assistance, please email our customer support team at [email protected].
       
   3. You acknowledge that we are not responsible for any costs or losses incurred by you, damage to your mobile device or loss of data resulting from any such incompatibility, and that we are not responsible for any costs that you incur while attempting to access the Services or the Content, including payments towards internet and broadband access or any additional expenses incurred by you (including charges imposed by your network service provider for 3G/or roaming access).
       
   4. We make no representation as to the compatibility of your mobile device with the Service and you acknowledge and agree that the Company shall have no liability for the compatibility or non-compatibility of your mobile handset with the Service and/or the Content.
       
   5. We do not warrant that the Content shall function in accordance with the rules of such Content. All images, videos and presentations used for the promotion of the Content are merely representative and we do not warrant that you will be able to experience/perform the Content in the same manner.
       
7. Security Policy
   
   1. Any information that you submit to us via the Website and Services, including personal information, is subject to the terms of our Privacy Statement.
       
   2. By using or accessing the Services, you
      1. consent to the use of electronic communications in order to conclude contracts and communicate with the Company;
      2. consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and
      3. acknowledge that you have access to the necessary software and hardware to receive electronic records from the Company in connection with transactions initiated or completed by you online.
          
   3. We will not sell your personal details to third parties. However, we may pass on your details to relevant authorities or regulators if we wish to investigate any suspected or alleged illegal activity, fraud, harassment, or abuse of the Service in any manner or to assist in the investigation of any suspected or illegal activity, fraud or abuse of the Service or if we are required by law to do so.
       
8. Rewards
   
   1. We may from time to time offer Content which is free to access but which will require full registration.
       
   2. The rules of access to free Content will be displayed on the Website and may be accessible to non-registered members.
       
9. Complaints and Disputes
   
   1. Should you wish to make a complaint to us in respect of the Service or other matter, please contact us by emailing [email protected] or by writing to our address at the bottom of this Agreement. We will endeavour to assist you as soon as reasonably possible.
       
   2. The Company is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. The Company may be required to share information relating to the Service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za
       
10. Our Liability
    
    1. The following provisions set out the entire financial liability of the Company (including any liability for acts or omissions of its parent company, subsidiaries, associated companies, directors, employees, agents and subcontractors) to you in respect of:
       1. any breach of this Agreement; and
       2. any representation, statement and/or act or omission including negligence arising under or in connection with the Service.
           
    2. Nothing in these terms and conditions excludes or limits our liability:
       1. for death or personal injury caused by the Company’s negligence; or
       2. for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability for; or
       3. for fraud or fraudulent misrepresentation.
           
    3. We are not liable for any loss or damage that you may suffer as a result of any act of God, power cut/s, trade or labour dispute, failure or any omission of any government or authority; obstruction or failure of telecommunication services or any other delay or failure caused by a third party or which is outside of our control. In such an event, we reserve the right to cancel or suspend the Services in whole or part without incurring any liability.
        
    4. All representations, warranties and terms (whether express or implied) not set out in this Agreement are to the fullest extent permitted by law, excluded. We do not make any warranty that the Services or the Content will meet your requirements, or that the Services or the Content will be uninterrupted, timely, secure, free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected. You agree to indemnify us in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with the Company’s breach of contract or its negligence) which we may suffer arising out of or in connection with your BREACH OF THIS AGREEMENT OR your use of the Services or otherwise arising out of or in connection with our services. Your statutory rights as a consumer (if any) are not affected by this Agreement.
        
    5. Subject to Clause 10.2,
       1. our liability to you in contract, delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of the sum paid for the Service in question for the preceding 12 (twelve) months;
       2. we shall not be liable to you for any SPECIAL, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill, loss of amenity and loss of contract) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Services whether or not we have been made aware of it;
       3. we shall not be held liable or responsible for any consequences that occur through your use of the Service where the circumstances that caused such consequences were beyond our reasonable control, including any loss or damage that has arisen through the Website, the Content or the Service or its content, including delays or interruptions in operation or transmission, loss or corruption of data, any person’s misuse of the Service or any error or omission in content.
           
    6. We accept no responsibility and shall not be liable to you for the content of or use by you of any information or services offered by third parties’ advertising (including advertising by any referral companies) or otherwise posting information via the Website (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can we be said to endorse the contents of such advertisements or information. In particular, we shall have no liability in respect of material hyperlinked to its web pages which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by us on the Website of a link to another website does not constitute any authorization to access materials, nor any accreditation of any such materials held at that location.
        
    7. We make no representation or warranty about the information or any other items able to be accessed either directly or indirectly via the Website and/or Service (save to the extent expressly provided on the Website or Service) and we reserve the right to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Website.
        
    8. We are not liable for any failure to perform by a third party to this Agreement.
        
11. Intellectual Property
    
    1. The copyright, database rights and other intellectual property Rights ("IPR") in material displayed on or via the Service (the "Materials"), which expression includes text, data, graphics, photographs, videos, animation, images and audio visual content, are owned by or licensed to us or are the ownership of third party websites. The IPR is protected by the laws of South Africa, international treaties and all other applicable copyright and intellectual property rights laws. You are not authorised to copy or distribute any Materials and/or IPR and legal action could be taken against you or any such person who makes unauthorised copies or distribution of Materials and/or IPR.
        
    2. Any downloading, use or copying of the Materials is strictly prohibited and, in particular, you agree to use the Materials solely for your own personal, non- commercial use and specifically not for any business, commercial or public purposes.
        
    3. You may not use the Website:
       1. to deploy within the Website any spider, robot, web crawler, scraper or other automated query program;
       2. to re-use and/or aggregate any of the Materials in the provision of a commercial service;
       3. for any harmful or illegal purpose;
       4. for disclosing, sharing or publishing material that may be offensive, defamatory, abusive, regulated, copyrighted, incorrect, untrue, prohibited, infringing, pornographic, obscene, indecent, unconstitutional or damaging to any person;
       5. for the creation, storage and sending of unsolicited commercial communications, for example spam, chain letters, or pyramid schemes;
       6. to infringe any third-party right, whether personal or proprietary;
       7. to distribute viruses or any other technologies that may harm the Company or the interests or property of other Website users;
       8. to impose an unreasonable load on the Company’s infrastructure or interfere with the proper working of the Company;
       9. to copy, modify, or distribute any other person's content without their consent;
       10. to harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person; or
       11. to bypass measures used to prevent or restrict access to the Website.
            
    4. The copying and use of third party Materials accessed via the Website is governed by the terms of use applicable to the third party website accessed by you.
        
    5. Our names and associated logos are our exclusive trademarks and cannot be used by you without our prior written permission.
        
12. Submission of Information
    Save for personal information (which shall be dealt with in accordance with our Privacy Statement), all information (including but not limited to ideas, suggestions, concepts and graphics) submitted to us or other users through the Service will become our exclusive property and we shall not be subject to any obligation of confidentiality and be free to use such information for any purpose without any restriction or consideration whatsoever.
     
13. General
    
    1. This Agreement constitutes to the fullest extent permitted by law the whole of the Agreement between you and us with regard to the use of the Website, Content and the Service.
        
    2. If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from the remainder of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
        
    3. No failure or delay by us to exercise any of our rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by us.
        
14. Governing Law and Disputes
    This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. You irrevocably agree that the courts of the Republic of South Africa shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Website and the Service, and that the laws of the Republic of South Africa shall govern any such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing or using the Website, the Service, its Contents whether in whole or part.

Customer Service

If you have any questions concerning this Agreement please contact:

Customer Services : Streamplay Studio, Floor 3, Wembley Square, Gardens, Cape Town, South Africa, 8001

Email : [email protected] or Call 135 (MTN Contact Centre)

Dial : *155# to unsubscribed by following the prompts and manage the cancellation of subscriptions.

Last Update: 1 August 2022