Terms & Conditions

Please read these Terms of Use (collectively with the Brainwave Bonus Points Guideline and the How to play document) 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 sweepstakes and 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) and promotion by a Customer registering and subscribing to take part in the trivia session;

Keyword means a defined topic or group of topics or subject area from which trivia questions stem. Themes are set per campaign and change per campaign;

Theme means a defined topic or group of topics or subject area from which trivia questions stem. Themes are set per campaign and change per campaign;

Campaign means the duration or period set by Brainwave organizers within which players/participants can engage with a group of questions from a specific theme or topic;

Subscription means the successful onboarding of a Customer onto the service, whereby the intention to participate in the Web service 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 promotions 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

1.5. Customer has 3 attempts in a day to answer trivia questions to win an instant prize on Triv5 or participate in trivia campaign to win prize at the end of the campaign period

1.6. Player is eligible to win a prize if he/she is part of the top players on the leaderboard and presents a valid national identification corresponding with the name of the registered SIM card or proxy.

1.7. Players with multiple accounts in the top 10 will receive prize with the lower/lowest value and forfeit all other prizes.

1.8. Campaign winners will be contacted directly via text or phone call at the end of each campaign.

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 valid Vodafone SIM card with a Money Wallet registered in his/her name.

3 Service Periods

3.1. A campaign shall begin at 07:45am and end fifteen(15) to thirty(30) days after the launch date at 04:00pm.

3.2. Each campaign shall run for a period of fifteen(15) to thirty(30) days with prizes allocated for each campaign being independent of all others.

3.3. Campaign periods with corresponding start and end dates, as well as all associated themes will be communicated on our website and/or all social media platforms.

3.4. Campaign periods stated above may be extended or reduced per the discretion of Brainwave, Trivia Players will be informed in the event of any extension.

4 Winners and Prizes

4.1. Campaign winners will be selected based on players with highest earning points per the campaign and announced on our website and/or social media channel within five (5) working days after the end of the campaign. Players can follow the Brainwave leaderboard per campaign to check their current rank in the campaign.

4.2. All tiebreakers, disputes, conflicts, questions or concerns shall be managed by the organizers and a team of independent auditors. In all such matters, Brainwave’s decision(s) shall be final, and no correspondence or discussion shall be engaged in.

4.3. Any player not meeting the eligibility requirements shall not be entitled to a prize

4.4. Campaign prize winners will be notified by text message, direct message on social media or via phone calls not more than fourteen (14) days following the closing date of the campaign. Reasonable efforts will be made to contact prize winners for thirty (30) days after the end of each campaign after which winner automatically forfeits associated prize.

4.5. In the case of any disputes, winners must present a valid national proof of identity and any other that may be required to assist in resolution.

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. 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.

4.8. 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 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 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 Customer’s continued participation in Brainwave constitutes the member’s acceptance of any changes to these Terms and Conditions. Participants are responsible for remaining knowledgeable as to 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 posted on the Brainwave website and other social media platforms and shall be binding on a Customer. Brainwave will use all endeavours 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.