TERMS AND CONDITIONS FOR THE PROMOTIONAL OFFER

1.  DEFINITIONS:

1.1.   “Participant” : means the persons or company who elects to take up the Promotional Offer

1.2.   “Promotional Item” : means the gift card being awarded to Selected Participants under this Promotional Offer and as further described in clause 5.

1.3.   “Qualified Demo” : means the minimum of 30 minutes demonstration on the Bulk SMS product led by a Clickatell representative (via online video conference or in-person where applicable)

1.4.   Selected Participant : means the Participant who is awarded a Promotional Item by Clickatell

2.  INTRODUCTION

2.1.  The terms and conditions set out herein refer to the promotional offer (“the Promotion”) being offered by Clickatell to selected participants for the period 20 December 2022 until no later than 30 June 2023 or such earlier date as updated by Clickatell from time to time. Note Clickatell shall be entitled to terminate this promotion early for any reason whatsoever, and such will be noted on our website with immediate effect thereafter.

2.2. Any entries submitted after 30 June 2023 will not be accepted and such persons and/or companies will not be eligible to receive a Promotional Item.  

3.  ELIGIBILITY

3.1. To participate in this Promotion you must be a natural person over the age of 18 years, and/or the Representative of a registered company in the retail, airline and hospitality industries, operating in the United States of America.

3.2. The following person/s are expressly excluded from participating in the Promotion:

3.2.1. Existing or former customers of Clickatell (irrespective of length of prior non-engagement);

3.2.2. a director, employee, agent of, or consultant to Clickatell or any other person who directly or indirectly controls or is controlled by Clickatell;

3.2.3. a director, employee, agent of, or consultant to a supplier of goods or services in connection with the Promotional Offer; and/or

3.2.4. the spouses, life partners, business partners or immediate family members of the parties referred to in clauses 3.1 and 3.2 above.

4.  HOW TO ENTER

4.1. To take up the Promotional offer, the Participant must respond to the Clickatell LinkedIn advertisement (or such other advertisement as issued by Clickatell or its authorised representatives) and meet the applicable eligibility requirements set out in Clause 3 above and Clause 5 below;

4.2. Simply responding to the advertisement does not automatically qualify one for the Promotional Item, as Clickatell will need to vet the eligibility of the Participant and deem such submission as a Selected Participant (the decision thereon being solely at the discretion of Clickatell at all times);

4.3. The Selected Participant will be chosen by a Clickatell Sales Development representative for the allocation of a Promotional Item based on various factors deemed relevant by Clickatell at their sole discretion. All decisions in relation to the Promotion (including but not limited to, the amount of Participants, the awarding of the Program or the disqualification of any Participants) are that of Clickatell alone and solely within Clickatell’s discretion and no correspondence or dispute will be entered into in this respect.

5. THE PROMOTIONAL OFFER:

5.1.  GIFT CARD

5.1.1. Gift cards to the value of USD$150 may be awarded to Selected Participants after the successful completion of a Qualified Demo (Participants who leave the demo early for any reason whatsoever will no longer be eligible for receipt of the promotional item, i.e. the demo must be completed in full to the satisfaction of the Clickatell Team.

5.1.2. In the event that the Selected Participant is a company, the company shall nominate the person to whom the Gift Card is awarded and the company / the Gift Card will be awarded in the company’s name and the company will be responsible for awarding the Gift Card to their company representative of choice.

5.1.3. The Selected Participant acknowledges that they voluntarily entered into this Promotion and that by doing so, the Selected Participant cannot hold Clickatell liable for any resultant breach of anti-corruption and anti-bribery laws and/or similar company policy which the Selected Participant may have (in particular but not necessarily limited to the receipt of gift(s) and or participation awards).

5.2. the Promotional Items are non-transferable, non-refundable, and cannot be exchanged or redeemed for cash.

6. LIMITATION OF LIABILITY

6.1. The Participant agrees to indemnify, defend and hold harmless Clickatell and any of its contractors, agents, employees, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of the Participant’s use of the Promotional Item.

6.2. The Promotional Item is provided “as is” and without any undertaking on the part of Clickatell as to its suitability for the desired outcome of the Selected Participant. In addition Clickatell shall bear no liability for any damages associated with the use of the Promotional Item, either direct or indirect damages, and the risk of use is borne solely by the Selected Participant throughout the use thereof.

6.3. The Participant acknowledges that the Gift Cards are issued by a third party and as such the terms and conditions attached to the Gift Card are set by the third party. Clickatell will therefore not be liable or responsible for the lapsing, expiring and/or inability of the Selected Participant to utilize the Gift Card.

6.4. Clickatell shall further not be liable for any financial losses arising out of the refusal, cancellation or withdrawal of the Promotional Item or any failure or inability of the Selected Participant to take advantage of the Promotional Offer. 

7. GENERAL

7.1. By entering into the Promotion, the Participant consents to Clickatell processing the Participant’s personal information (including but not limited to your likeness and your company details) for promotional purposes in order to conduct the Promotion and execute the Program. 

7.2. Clickatell reserves the right, at any time to verify the validity of the Participant, including but not limited to the Participant’s identity, age and place of residence, and to disqualify any Participant who fails to comply with these terms and conditions.

7.3. Clickatell reserves its right to terminate the Promotion for any reason and the right to amend these terms and conditions on reasonable notice to the Participants and will communicate such termination or amendments on Clickatell’s website and/or social media pages.