Christmas FIFA Promotion

Announcing the Winners of the FIFA Christmas Treasures Contest:

Promotion Ended December 30th, 2009

This Christmas:

before December 30th and you could win a Christmas gift from Digicel.

Frequently Asked Questions

When does this promotion start and end?

The ‘Christmas FIFA’ Promotion starts on Tuesday, December 1^st, 2009 and ends on Wednesday, December 30^th, 2009 at 11:59 pm.

What do I have to do in order to be entered into the Christmas FIFA Promotion draw?

In order for you to be entered into the draw for the chance to win one of the prizes outlined below you can either:

1.       add data to your Postpaid (SELECT) or Prepaid (FLEX) BlackBerry (this does not include the $9 Data Promotion),

2.       pay your bill on time or

3.       top up your Prepaid (FLEX) phone with a $50 FLEX card before December 30^th.

Can I be entered into the draw more than once? I.e. if I signed up for data and I paid my bill on time?

Yes, you would be entered twice for performing each of those actions. Also, each time you top with a $50 FLEX card you are entered.

Can I win more than one prize?

No, each winner is eligible to win only one prize.

Can I win a prize if I have signed up for data however my account isn’t current and paid in full?

No, you will not be eligible to win a prize.

If I am a winner when and how will I be notified?

You will be contacted on Tuesday, January 5^th, 2010 by phone. Winners will than be announced in the media and featured on the Digicel Bermuda website.

What are all the prizes (and the prize values) and how many are there?

·         (1) FIFA 2010 World Cup Ticket (includes travel and accommodations)

            VALUE: $5,000+

·         (2) Home Entertainment Systems (Plasma TV, Blu Ray Player, Surround Sound System)

            VALUE: $1,899 Each

·         (1) New York Shopping Spree

            VALUE: $1,250

·         (2) Spa Treatments

            VALUE: $300 Each

·         (2) Local Weekend Getaways

            VALUE: $800 Each

·         (2) Dine Around Passes (2 per winner)

            VALUE: $270 Each

·         (4) Jewelry Vouchers

            VALUE: $100 Each

·         (3) BlackBerry Curve 8520 Handsets

            VALUE: $299 Each

If someone in my household or in my family works for Digicel can I win a prize?

No, you cannot.

Instead of taking the prize can I take cash or store credit instead?

No.

What if I win the New York shopping trip but I can’t travel to the United States? Can I trade it for one of the other prizes or receive cash for the value instead?

If you are on the Stop List you automatically forfeit this prize. You cannot receive the cash value of the prize and you cannot trade it for another prize.

If I win the New York shopping Spree will I have to book the flight and hotel myself?

No, Digicel will book these for the winner of this prize.

Do I get to choose the dates and the hotel for the New York shopping trip?

Yes, you can choose the dates you wish to travel, however you must take the trip before March 31^st 2010. Digicel will select the airline and hotel for you and will require 3 weeks prior notice before your intended travel dates.

The Digicel ‘Christmas FIFA’ Promotion

Terms and Conditions

1. Definitions

In these terms and conditions ‘Promotion’ means a temporary offer devised to promote usage of the cellular phone service offered by the Company.

2. Agreement
The ‘Christmas FIFA’ Promotion terms and conditions (“these terms and conditions”) shall govern the relationship between Digicel (Bermuda) Limited (hereinafter referred to as "we", "us" "our" and "the Company") and the user (hereinafter referred to as "you", "your" and "the Customer") of the Company’s ‘Christmas FIFA’ Promotion (herein after referred to as ‘The Promotion’).

Having activated a Postpaid (SELECT) or Prepaid (FLEX) plan you have agreed to these terms and conditions. Customers upon signing up for a Postpaid (SELECT) plan are subject to the SELECT Plan Terms and Conditions. Customers upon signing up for a Prepaid (FLEX) plan are subject to the FLEX Plan Terms and Conditions.

Additionally, by using your Digicel mobile service, you have agreed to these terms and conditions.

‘The Promotion’ commences on December 1st, 2009 and ends December 30^th, 2009 (herein after referred to as ‘The Promotion Period’). Digicel reserves the right to terminate this promotion at any time.

We reserve the right to amend or unilaterally change ‘The Promotion’ and/or these terms and conditions subject to notifying you of such amendments or changes. Such notification may be by way of advertisement in the national media, SMS text messaging and/or our website. If your Digicel mobile phone is used by you after notice of any amendment or change, then you shall be deemed to have accepted same.

This agreement is governed by the Laws of Bermuda.

3. Promotion Description

In order for a customer to be entered into the draw for the chance to win one of the prizes outlined below they must perform one of the following actions before December 30^th:

·         add data to their Postpaid (SELECT) or Prepaid (FLEX) BlackBerry (this does not include the $9 Data Promotion),

·         pay their bill on time or

·         top up their Prepaid (FLEX) phone with a $50 FLEX card

The following prizes are available:

·         (1) FIFA 2010 World Cup Ticket (includes travel and accommodations)

            VALUE: $5,000+

·         (2) Home Entertainment Systems (Plasma TV, Blu Ray Player, Surround Sound System)

            VALUE: $1,899 Each

·         (1) New York Shopping Spree

            VALUE: $1,250

·         (2) Spa Treatments

            VALUE: $300 Each

·         (2) Local Weekend Getaways

            VALUE: $800 Each

·         (2) Dine Around Passes (2 per winner)

            VALUE: $270 Each

·         (4) Jewelry Vouchers

            VALUE: $100 Each

·         (3) BlackBerry Curve 8520 Handsets

            VALUE: $299 Each

The prize winner is only allowed to win once and their account must be in good standing order. The prize winner cannot substitute/trade/exchange their prize for cash or store credit.

For the New York Shopping Spree prize the customer must take the trip before March 31^st and Digicel Bermuda will book the flight and accommodation. If the customer that wins the New York Shopping Spree is on the ‘Stop List’ they automatically forfeit the prize.

This is a limited time offer. Winners will be called on Tuesday, January 5^th, 2010.

4. Fair Use Policy

‘The Promotion’ is offered for the personal use of individuals and not for commercial use. Any usage by an individual that in our sole discretion is intended for financial gain or profit by you will result in the immediate termination of ‘The Promotion’ offer to you.

Digicel staff, family members and members of their immediate household are not eligible for this contest.

5. Liability

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

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.

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

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.

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.

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.

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.