In addition to these terms and conditions there may be special conditions associated with individual prize draws - you'll find a link describing these on each prize.
These terms and conditions of use ("Terms") regulate access to and use of this website www.justplay.com (the "Website") and any customer profile created by you arising out of your use of the Website.
Please note that these Terms are valid, binding and enforceable against all persons that access and/or use this Website.
By using any part of the Website or by clicking a box that states that you accept or agree to those Terms, you signify your agreement to these terms. If you do not agree to these Terms, you may not use the Website.
JustPlay reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time you access the Website, you are deemed to have consented, by such access, to the Terms, as amended and/or replaced by JustPlay from time to time.
In the event of a dispute as to the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Website shall be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms.
These Terms set forth the entire understanding and agreement between you and JustPlay with respect to the subject matter hereof.
You shall not be entitled to cede, assign, and/or delegate your rights and/or obligations in terms of these Terms to any third party without the prior written consent of JustPlay.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced.
JustPlay's failure to act with respect to a breach by you or others does not constitute a waiver of JustPlay's right to act with respect to subsequent or similar breaches.
The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they shall operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
JustPlay is open to individuals who have a South African identity number, who are 18 years or older and are currently living in South Africa.
You may not yourself, or through a third party -
User warranty and indemnity
- use the Website for harmful, unlawful or illegal purposes, including, without limitation to:
- impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
- collect, harvest or otherwise obtain Personal Information, as this term is defined in the Promotion of Access to Information Act 2 of 2000, relating to other users;
- create, store and/or send unsolicited commercial communications; or
- conduct any fraudulent activity including any "pyramid scheme", "ponzi scheme" or "chain letter".
- use any customer profile in a manner so as to -
- advertise or promote your or any third party's products or services; and/or
- impersonate another person;
- copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, distribute, lease, license, sub-license, encumber or in any other way deal with any portion of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- decompile, disassemble or reverse engineer any portion of the Website;
- collect service listings, descriptions or other information displayed on the Website;
- write and/or develop any derivative of the Website or any other software program based on the Website;
- adapt, modify or enhance the Website. In the event of a user effecting any adaptation(s), modification(s) or enhancement(s) to the Website in breach of this clause, such adaptation(s), modification(s) and enhancement(s) hereby vest exclusively in JustPlay and such user hereby assigns all rights in and to, and waives any and all moral rights in and to, such adaptation(s), modification(s) and enhancement(s), which assignment JustPlay accepts;
- without JustPlay's prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
- remove any identification, trade mark, copyright or other notices from the Website and/or any personalised item, it being specifically recorded, acknowledged and agreed that trade marks proprietary to or licensed to JustPlay will automatically be incorporated in all customer profiles;
- establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively "linking"), to the Website or any subsidiary pages;
- use the Website and/or any personalised item to transfer files that contain viruses, Trojans, bombs, time-locks, phishing programmes or other harmful programmes; and/or
- penetrate or attempt to penetrate the Website's security measures.
You hereby unconditionally and irrevocably indemnify JustPlay, its affiliated companies, its officers, agents, directors and employees and agree to hold JustPlay free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by JustPlay or instituted against JustPlay for infringement of any right, whether the claim or action arises from delict or contract, or any infringement of whatsoever nature, arising out of or pursuant to the exercise by you of your rights or the fulfilment or breach by you of any of you obligations under these Terms or any other requirements that JustPlay may impose from time to time, including, without limitation, all loss, damages, claims and/or costs suffered or incurred by JustPlay or instituted against JustPlay as a direct or indirect result of your use of the Website, and such indemnity shall extend to the reasonable costs that may be incurred by JustPlay in defending any action instituted against it.
Registration and Activation
Member Privacy Protection
- To register you will be required to provide certain information including personal details. When registering you will be required to choose a userID and a password ("customer profile"). Please keep your password secret. JustPlay accepts no liability for any damages suffered or losses incurred from the use or misuse of your password.
- You will be required to enter your userID and password each time you visit the JustPlay website in order to use the JustPlay services.
- You can enter prize draws on justplay if you become a member with an activated account.
- To become a member, you need to successfully register on justplay
- EACH MEMBER IS LIMITED TO ONE ACCOUNT ON JUSTPLAY AND OR ON ANY JUSTPLAY PLATFORM INCLUDING BUT NOT LIMITED TO FACEBOOK APPLICATIONS AND MXIT APPLICATIONS.
- SHOULD A MEMBER OF JUSTPLAY SUCCESSFULLY CREATE MORE THAN ONE ACCOUNT ("MULTIPLE ACCOUNTS") THEY WILL NOT BE ELIGIBLE TO WIN A PRIZE.
- Should members want to create a new account or change their details at any point they can do so through their myjustplay portals or can contact us via e-mail
- You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Website upon registration and creation of a customer profile.
Content of the Website
JustPlay reserves the right to make improvements to, change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
JustPlay does not make any representations or give any warranties, whether express or implied, in respect of the applications and/or any information, data and/or content provided on this Website, including without limitation, any representations or warranties:
- that the Website will be available continuously, uninterrupted and in a fully operating condition;
- as to the accuracy, completeness reliability, performance, satisfactory quality, fitness for a particular purpose of any information, data and/or content on the Website, including without limitation JustPlay does not warrant that the Website or information or downloads will be free from errors or omissions or that they shall meet any particular criteria of performance or quality.
- JustPlay expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
By subscribing to the VIP membership you accept or agree to the terms of the VIP membership, you signify your agreement to these terms. If you do not agree to these Terms, you may not subscribe to the VIP membership. To be eligible to use the VIP Service, you must meet the following criteria and represent and warrant that you:
You further agree to:
- are 18 years of age or older;
- are not currently restricted from the Services, or not otherwise prohibited from having a Justplay account account;
- are not a competitor of Justplay or are not using the VIP services for reasons that are in competition with Justplay;
- will only maintain one Justplay VIP account at any given time;
- have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
- will not violate any rights of Justplay, including intellectual property rights such as copyright or trademark rights; and
- agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Entry into Prize Draws
- Keep your password secure and confidential;
- not permit others to use your account;
- refrain from using other Users’ accounts;
- refrain from selling, trading, or otherwise transferring your account to another party; and
- refrain from charging anyone for access to any portion of Justplay, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
- If you subscribe to any services that Justplay offers for a fee, either on a one-time or subscription basis ("VIP Services"), you agree to Justplay storing your payment card information. You also agree to pay the applicable fees for the VIP Services (including, without limitation, periodic fees for VIP accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your VIP Services by contacting Justplay. You also acknowledge that the VIP Services are subject to this Agreement and any additional terms related to the provision of the VIP Service.
- You enter prize draws by logging in to your account and clicking on the prize draw of your choice and then completing a questionnaire.
- You receive an entry for every completed questionnaire.
- You may enter prize draws as long as there are questionnaires available for your profile.
- You may enter any prize draw mulitple times unless otherwise stipulated.
- Participating in the prize draws is free unless you choose to enter via SMS.
- You may receive bonus entries when you participate in the bonus scheme outlined on the website. You are responsible for allocating bonus entries to prize draws.
- Prize draws may be promoted on several different websites simultaneously.
- You are not permitted to participate in the prize draws if your are employed by Digital Activators or our promotions agencies [or are in the immediate family of employees or agencies].
- JustPlay will endeavour to ensure the availability of the JustPlay service showing on the JustPlay website but JustPlay cannot guarantee that all of the services will be on offer when you enter into a competition on the JustPlay website.
Questionnaire Sponsor Offers
- If you choose to enter our Refer-a-Friend prize draws or participate in any other friend referral service, we will ask for your friend's email address only and send them a one-time-only email inviting them to the JustPlay website
- We do not retain your friend's email on the JustPlay database and they will receive no further communications from JustPlay unless they agree to sign up as a Just Play member
Prize Guarantee, Availability and Quality
- You complete a questionnaire in order to enter a prize draw.
- Each questionnaire on JustPlay is sponsored by a client either conducting a promotion campaign or market research. By giving a positive response on the sponsor's questionnaire you give permission for that sponsor/client to contact you or send you an offer: information about products and/or services that may be of interest to you. You can accept or decline the sponsor's offer on each questionnaire.
Prize Draw Winner Selection and Notification
- All prizes are guaranteed to be drawn on the stated prize draw date and delivered to the verified prize winner within the delivery period if the winner complies with the verification and claim process outlined below.
- All prizes are subject to availability and should any prize be unavailable, a prize of similar price or specification/quality will be substituted
- Prizes are as stated but in some circumstances a cash equivalent will be offered where stated in the individual prize draw special terms and conditions.
Prize Draw Winner Verification
- The winner for each prize draw is selected by computer program at random from all entries received for that prize draw at 00h01 on the stated prize draw date.
- Winners are notified by email only. You are responsible for keeping your email address up to date on the JustPlay system to enable prompt notification should you be chosen as the winner of any prize draw.
- Winners' names are immediately posted on the JustPlay website on the Winners' List. You'll be able to track prize claim progress on this page on the site.
- Prizes must be claimed within 40 days otherwise the winner will forfeit the prize and a new winner will be chosen from the original entries for that prize draw. The new winner will be posted on the website.
- The winner is responsible for contacting JustPlay to claim their prize.
- All winners must verify their identity by sending us a copy of their South African identity document.
- Winners are also obliged to provide an Affidavit to confirm that they are not related to any employee of JustPlay or our advertising and promotions agencies and are thus eligible as a winner.
- Should a winner breach any of these terms and conditions they will not be eligible to win a prize and justplay reserves the right to revoke a winners claim for a prize at any time before or after the prize has been drawn.
Closing your Account
- JustPlay will arrange the delivery of the prize as soon as the winner has been verified and advice the winner of the delivery date at that time.
- Prizes will be delivered to the physical address provided by the winner.
- Prizes can only be delivered to the winner and not a representative.
- Should a prize be delivered to a member and is found that member has breached any of these terms and conditions justplay reserves the right to reclaim such prize (or the value thereof should the winner no longer have the prize) within a reasonable time after delivery of prize.
Deleting of your Account
- Should you wish to close your account, you may do so at any time by logging in and clicking on "My Profile" link and then click on the "Close my Account" button.
- You'll no longer receive any further communications from JustPlay when you close your account.
- You'll only receive communications from sponsors to whom you have given your permission to contact you. You'll need to unsubscribe from sponsor communications programs directly with each sponsor.
- If you have any prize entries for active prize draws after the closure of your account these will be excluded from those prize draws.
- You may re-open your account at any time using the same login. If you do so, your entries will be re-instated from the date your account is re-opened.
We reserve the right to delete any account for any of the following reasons:
- Members who become false leads - i.e. those who ask to be contacted by sponsors without being genuinely interested in the sponsor's product or service.
- Members who provide false information.
- Members who spread false accusations and slanderous comments about JustPlay.
- Members who purposefully try to harm the JustPlay website and act maliciously while logged in.
- Members who sign up to JustPlay with multiple accounts.
Once your account is deleted, all previous entries and information will be permanently erased with no option of logging in or registering again.
Limitation of Liability and Disclaimer
Your use of the Website and/or your customer profile is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. JustPlay does not accept liability that may arise in connection with your the uploading, reproduction, display, use, distribution or sharing by a user of his/her customer profile.
Neither JustPlay, its affiliates, shareholders, directors, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the access to and/or use of, or the inability to access or use, the Website, any personalised item and/or any linked website, the content thereof, any functionality thereof or information contained therein, even if JustPlay knows or should reasonably have known or is expressly advised thereof
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your access to and/or use of this Website, and/or use of your customer profile, or any part of these, and/or your posting of content and material (including text, files, images and photographs).
This Website is controlled, operated and administered by JustPlay from its offices within the Republic of South Africa. JustPlay makes no representations that the content of the Website is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. You may not use this Website in violation of South African export laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws.
You consent to be bound by the non-exclusive jurisdiction of the High Court of South Africa.
Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose.
Notice shall be deemed given 48 (forty eight) hours after email is sent, unless the sending party is notified that the email address is invalid.
You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing".
Changes to this Terms and Conditions statement
Digital Activators cc - owner and operator of JustPlay - will occasionally update these Terms and Conditions. When we do, we'll also revise the "last updated" date at the top and bottom of the Terms and Conditions Statement.
If you have questions regarding this Terms and Conditions Statement please contact JustPlay via email: General Contact: email@example.com, Support queries: firstname.lastname@example.org