Payday Promotion Terms

Digicel (Barbados) Limited
TERMS AND CONDITIONS OF “Payday”Promotion.
1 DEFINITIONS
In these conditions "Promotion" means a temporary offer devised to promote usage of the cellular phone service offered by the Company; “Qualifying Customer(s)" means the person meeting the following criterion;(a) Legal resident of Barbados;(b) 18 years or older;(c) holder of an active Digicel (Barbados) Limited prepaid or postpaid account; “The Company” means Digicel (Barbados) Limited; “Unlimited Data Plan” means a service available to Digicel postpaid users allowing them to pay a flat rate of $34.99 monthly, for data usage, instead of on a per kilo bit basis.

2 FORMATION OF CONTRACT
2.1 From September 5, 2008 to November 15, 2008 all Qualifying customers who either;
(a) Purchase a handset (upgrade or replacement);or
(b) Activate a new postpaid service; or
(c) Activate a new prepaid service; or
(d) Top up with $20 or more each week ( in one day in any combination). WebFlex top up is not included in this promotion.
(e) Pay their bill on or before the due date; or
(f) Activate the new unlimited data plan (available only to postpaid users),Will be given an opportunity to win a weekly prize of Bds$1000.00 and the Grand Prize of Bds $50 000.00

2.2 Once a Qualifying customer makes either of the above named transactions by the Thursday preceding any draw scheduled to occur the Friday immediately following , that customer will become eligible to win each prize offered by the “Payday” Promotion from that Friday onwards.

2.3 Two billing periods will occur during the “Payday” Promotion. If a postpaid customer pays both bills on or before the due date their name will be entered twice into all the prize the prize draws.

2.4Weekly winners will be chosen randomly from a draw each Friday- First draw to take place on September 12th 2008 and last to take place November 14th 2008.

2.5 The Grand Prize Bds $ 50 000.00 winner will be drawn randomly on Monday November 17th; 2008.All winners will be notified by the company when to collect their prizes.

2.6 Where a winner is under the age of 18, the prize will be awarded to a legal guardian, who will be bound by an undertaking to hold such prize in trust until the winner attains the age of 18.

2.7 Winners may be required to answer a skill testing question before being deemed a valid winner of any prize offered during the “Payday” Promotion.

2.8 Winners must permit photographs to be taken for PR purposes in order to claim the prize.

3 Voiding the Contract
3.1 A person shall not be eligible to participate in the promotion if they: (a) at any time on or after September 5 2008 was or is a director, officer, employee, agent of Digicel (Barbados) Limited or any of their respective parents, subsidiaries, divisions, or affiliated companies, franchisees or service agencies or independent contractors or suppliers of services to Digicel ( Barbados) Limited, shall not be eligible to win the above name prizes;
(b) participated in the development, production, or distribution of materials for the Promotion;
(c) are or purport to be immediate family members (which include biological parents, step-mother ,step-father, sibling, daughter, son or dependent or spouse ) of any person mentioned in clause 3.1, regardless of residence;
(d)reside in the same household as those persons mentioned in clause 3.1 for at least 3 of the 12 months preceding the start of the Promotion Period, (whether related or not) as any person mentioned in clause 3.1.

3.2 Any person fitting the description specified in clause 3.1 who makes a valid entry and is inadvertently chosen as the winner will not be awarded the above named prizes and another winner will be announced in their place.

3.3 Any person who makes a valid entry and is not; (a) Legal resident of Barbados ;(b) 18 years or older or a legal guardian of a person winning the prize ;(c) holder of an active Digicel (Barbados) Limited prepaid or postpaid account; and is inadvertently chosen as the winner will not be awarded the above named prizes and another winner will be announced in their place.

4 LIABILITY
4.1The company will not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused.

4.2 We have no liability to you (or anyone claiming through you) in contract, tort or otherwise for any loss or damage which is: (a) not
our fault; (b) indirect and/or not reasonably foreseeable; (c) purely economic, special, punitive or consequential loss or damage
(whether foreseeable or not) or any other form of economic loss, arising from our performance or non-performance of our
obligations under this Contract including through negligence or breach of statutory duty to the extent permitted by law.

4.3 We have no liability to you (or any one claiming through you) if we are unable to carry out our duties or provide Service because of
factors beyond our control including, but not limited to, the following: (a) Acts of God; (b) outbreak of hostilities, civil riots, acts of terrorism; (c) act of any government or authority (including refusal or revocation of any license or consent); (d) power failures, failure of telecommunications lines, failure or breakdown of plant, machinery or equipment; (e) default or failures of suppliers, subcontractors or other telecommunications operators; (f) theft, malicious damage; (g) industrial action of any kind.

4.4 We have no liability to you (or anyone claiming through you) if we disconnect the phone or Suspend the Service.

4.5 If we are found to be liable to you (or anyone claiming through you) we limit our liability under this Contract up to a maximum of the amount charged for the valid entries made.

4.6 We, our associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected,(altogether, “claims whatsoever”) arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents.

4.7 All conditions, warranties, terms and undertakings expressed or implied by statute, common law or otherwise (including but not limited to fitness for a particular purpose) are expressly excluded from this Contract to the extent permitted by law.

4.8 Each provision of this Clause operates separately. If any part is found by a Court to be unenforceable or inapplicable (in whole or in part) the other parts will continue to apply.

5 BARBADIAN LAW
15.1 Barbadian law shall be the proper law of the contract.