Terms and Conditions for Survey Respondents
ApplicationYour use of the Site and/or the Digital Surveys must at all times be in compliance with these Terms and Conditions. These Terms and Conditions are subject to change at any time with or without notice. In such instances, we will revise the "last updated" date at the top of the Terms and Conditions. You accept that any changes to the Terms and Conditions will be binding on you, and that your use of the Site and/or the Digital Surveys will at all times be subject to the Terms and Conditions that are in force at the time that you use the Site and/or the Digital Surveys. Your continued use of the Site and/or the Digital Surveys after the effective date of a change will amount to acceptance by you of the changed Terms and Conditions.
It is your responsibility to check these Terms and Conditions from time to time to learn of any changes to the Terms and Conditions.
Who may use the Site and the Digital Surveys?
Unless otherwise specified, the Site and/or the Digital Surveys are intended for your personal, non-commercial and lawful use only. If you are under the age of 18, you must have the consent or permission of your parent or guardian to complete a Digital Survey and you will be asked to confirm that you have the necessary consent. Corporate entities may not use the Site and/or the Digital Surveys without the prior written consent of Kantar Insights Mobile.
Kantar Insights Mobile reserves the right, in its sole and absolute discretion, to disqualify any Survey Respondent from a Digital Survey.
How does a Digital Survey work?
Once you have indicated that you wish to participate in a Digital Survey, you will receive an SMS or email, which is sent to the cell phone number or email address that you have provided for this purpose, containing a link to the Digital Survey. Alternatively, an SMS or email may have been forwarded to you by someone you know. You may, at this stage, still decide whether you want to participate in the Digital Survey. You may also opt-out of receiving further communications from Kantar Insights Mobile.
By clicking on the link contained in the SMS or email, you will be transferred to a web-based Digital Survey, which you will be required to complete.
You may be requested to verify your cell phone number or email address at some stage during the process of completing a Digital Survey.
You may receive an incentive to complete a Digital Survey in the sole and absolute discretion of Kantar Insights Mobile. You will only be eligible for this incentive provided that you are not disqualified from completing the Digital Survey for any reason, including for failing to satisfy any or all of the recruitment criteria for a specific Digital Survey. Kantar Insights Mobile also reserves the right not to give you an incentive for completing a Digital Survey if, in the sole and absolute discretion of Kantar Insights Mobile, the quality and content of your response is not satisfactory or you have submitted duplicate interviews.
The incentive may include entry into a prize draw, the awarding of one or more gift voucher code(s), the awarding of one or more mobile airtime voucher codes, the automatic top-up of mobile airtime (pin-less top-up), or some other incentive that Kantar Insights Mobile, in its sole discretion, deems appropriate.
If you qualify for a mobile airtime voucher, pin-less top-up incentive or gift voucher incentive for the completion of a Digital Survey, you will receive an SMS from AME Mobile Solutions either confirming the automatic top-up of your mobile phone account, or containing one or more mobile airtime voucher code(s) or gift voucher code(s) upon your completion of the Digital Survey. If you are sent mobile airtime voucher codes or gift voucher codes, you must redeem the mobile airtime voucher or gift voucher incentive, using the voucher code(s) provided, within 30 (thirty) days of receiving the SMS containing the voucher code(s). You are responsible for informing Kantar Insights Mobile immediately, or within 14 (fourteen) days after completing the Digital Survey, if you have not received your SMS or email containing one or more mobile airtime voucher code(s) or gift voucher code(s) or if you are experiencing any difficulties in redeeming your voucher code(s). If you do not notify Kantar Insights Mobile that you have not received an SMS containing one or more mobile airtime voucher code(s) or gift voucher code(s), or if you do not notify Kantar Insights Mobile that you are experiencing difficulties with redeeming your voucher code(s), within the stipulated time period, then Kantar Insights Mobile will cancel your mobile airtime voucher or gift voucher incentive and return the voucher code(s) to stock. Kantar Insights Mobile and its clients will have no responsibility or liability for any claim, loss, injury or damage arising out of or in connection with you not receiving or redeeming the mobile airtime voucher code(s) or gift voucher code(s) within the stipulated time period or in respect of any network failure that results in you not receiving the SMS.
If you qualify for the automatic top-up of your mobile phone account and you do not receive an SMS notification confirming the automatic top-up, your account should still automatically be credited with the due amount. You are responsible for informing Kantar Insights Mobile within 14 (fourteen) days after completing the Digital Survey, if the balance on your mobile phone account is not credited with the relevant amount.
The Digital Survey prize draw (prize draw), which is offered by Kantar Insights Mobile, is exclusive to selected Survey Respondents who have received a link indicating that they will be entered into a prize draw upon completion of the Digital Survey.
- By accepting the Terms and Conditions and/or by accepting any prize, if you are a winner, you also agree to be bound by these prize draw terms and conditions which are incorporated within the Terms and Conditions.
- In order to be eligible to enter the prize draw, you must: (1) have received an SMS or email from Kantar Insights Mobile indicating that entry into a prize draw is offered upon completion of the Digital Survey, (2) be at least 18 years old, (3) satisfy all of the qualification criteria for participating in the Digital Survey, including being a permanent resident of the country in which the Digital Survey is conducted, and (4) complete the Digital Survey in full.
- If you meet all the eligibility requirements set out above, you will be automatically entered into the prize draw.
- You are restricted to only one entry into the prize draw per Digital Survey completed. Any employee, director, member, partner, agent or consultant of, or any person who directly or indirectly controls or is controlled by, Kantar and/or immediate family members of any employee, director, member, partner, agent or consultant of or person indirectly or directly in control or controlled by Kantar, its clients, advertising agencies, advisers, dealers, suppliers and its affiliates and/or associated companies is disqualified from entering the prize draw.
- The prize draw starts and closes on the dates specified in the SMS or email sent to you by Kantar Insights Mobile, both days inclusive. The starting and closing dates may also be specified in the Digital Survey. You must have completed the Digital Survey by midnight on the closing date of the prize draw.
- The prizes for the prize draw consist of the prizes listed in the SMS or email sent to you by Kantar Insights Mobile, or as specified in the Digital Survey. Each winner will receive one prize.
- The number of possible winners will be specified in the SMS or email sent to you by Kantar Insights Mobile, or in the Digital Survey. Winners will be selected by a random draw from all eligible entries within 14 (fourteen) days of the prize draw closing date. The judges’ decision is final and no further correspondence will be entered into.
- The winners’ contact details will be obtained from the details submitted as part of the Digital Survey. Each winner will be informed telephonically, by SMS or by email within 7 (seven) days after his or her name has been drawn, that he or she has won a prize. Any calls may be recorded for verification purposes. Kantar Insights Mobile reserves the right to disqualify a winner and draw an alternative winner if, after 3 (three) attempts to contact the initial winner, that winner could not be reached. If a winner cannot accept a prize for any reason, that winner will forfeit his or her prize and another winner will be selected.
- You will be required to provide Kantar Insights Mobile with proof of identification in the form of a copy of your identity document or passport. If the prize is a travel voucher, you will be required to be in possession of a passport, which is valid for at least 6 (six) months after the final travel date.
- You must also have a valid bank account or potential access to a valid cash-receiving facility. Cash prizes will be transferred into winners’ nominated bank accounts within 7 (seven) days from the date on which Kantar Insights Mobile received the correct banking details and proof of identification. Kantar will not be held responsible for any delays in payments.
- Prizes are not transferable and cannot be exchanged for cash or any other item. If, for any reason, Kantar cannot provide any of the prizes, Kantar Insights Mobile will award an alternative prize of a similar value.
- Kantar may require the winners to be identified, photographed and published in any form of media, whether printed or digital, or to appear on radio and television, when accepting their prize and/or after having received their prize. The winners will be given the opportunity to decline the publication of their images and to decline participation in Kantar Insights Mobile’s marketing material in so far as it relates to the prize draw.
- Kantar Insights Mobile and its delivery agent do not accept responsibility or liability for any losses, damages, costs or claims in connection with the prize draw or resulting from acceptance, possession or use of any prize, and will not be responsible or liable for any further expenses or fees required for purpose of using, applying or enjoying the prize won in a prize draw.
- Kantar Insights Mobile reserves the right to amend, suspend, postpone or terminate the prize draw and any prizes, or any aspect thereof, for any reasons whatsoever and without notice. In such event, you hereby waive any rights or expectations which you may have against Kantar Insights Mobile and acknowledge that you will not have any recourse or claim of any nature against Kantar Insights Mobile.
Your use of the Site and the Digital Surveys
You are responsible for any content that you submit with a Digital Survey. You agree that this content, and our use of this content, will not infringe upon any copyright, your right to privacy, proprietary rights, intellectual property rights, or any other right of a third party.
You further acknowledge and agree that –
- you will not submit or distribute content which is or which Kantar Insights Mobile, in its sole discretion, considers is unlawful, harmful, threatening, abusive, harassing, wrongful, defamatory, vulgar, obscene, offensive, indecent, invasive of another person’s privacy, hateful, or otherwise objectionable;
- you will not use any harmful or malicious code including viruses, Trojan horses, worms or spiders to interfere with or access any data, communications, content or software associated with the Site or the Digital Survey;
- you will not take any steps to interfere with the Site or any other Survey Respondent’s use of the Site including, for example, by means of overloading or crashing the Site;
- you will not frame portions of the Site within another website or alter the appearance of the Site or any of the Digital Surveys; and
- you will not manipulate any poll, survey or prize draw available on the Site.
- you will send proof of identity to Mobiworkx in the event of a dispute
You agree that you are responsible for ensuring the security of the mobile device or electronic device that you use to access the Site and the Digital Surveys. Any activity on the Site or the Digital Surveys authenticated with your cell phone number or email address will be deemed binding on and attributable to you personally. You must notify Kantar immediately, in writing, at firstname.lastname@example.org, if you become aware of any unauthorised use of your mobile device or one of your electronic devices or of any other breach of security or attempted breach of security.
When completing a Digital Survey, you must either confirm (1) that you are over the age of 18, or (2) if you are under the age of 18, that you have the consent of your parent or guardian to complete the Digital Survey. If you have indicated that you are under the age of 18, you will only be able to continue with the Digital Survey if you provide confirmation of your parent or guardian’s consent. Kantar Insights Mobile does not knowingly collect any information from persons under the age of 18 who do not have the consent of their parent or guardian. You are hereby notified that if you have provided Kantar Insights Mobile with any incorrect or fraudulent information regarding your age or date of birth, Kantar will collect your personal information on the basis that you are over the age of 18. You agree to accept full responsibility for your actions in this regard, and indemnify Kantar against any claims and/or damages that Kantar may incur as a result of any incorrect or fraudulent information regarding your age.
If you no longer wish to participate in any Digital Surveys, you may request Kantar Insights Mobile to stop sending you any further SMSs or emails containing links to Digital Surveys. If you want to exercise the option to “opt-out” of any of our communications, you can do so at any time by either:
- using the “opt-out” facility in any SMS or other electronic communication from us;
- sending an e-mail to: email@example.com or
- using the in-survey unsubscribe facility available on completion of a Digital Survey.
The Site and the Digital Surveys consist of software and content, which may include, but is not limited to, images, text, questionnaires, surveys, animation, photographs, videos, graphics, music, sound and voice (Content).
The software and Content contained on the Site and the Digital Surveys is the Intellectual Property of Kantar and Kantar’s clients.
- Kantar shall own and retain all right, title and Intellectual Property rights and interest in and to all software and Content on the Site and contained in the Digital Surveys, including but not limited to your responses to questions contained in the Digital Surveys, and any other data provided by you or on your behalf.
- All Intellectual Property and Content that is not owned by Kantar and that appears on the Site and/or the Digital Surveys, is the property of Kantar’s clients. All Intellectual Property rights specifically related to and owned by Kantar’s clients, except for source codes and/or any proven copyright that may vest with Kantar, shall vest with the relevant Kantar client or its successors-in-title for the life of the Intellectual Property, as well as for any extensions or renewals. The copyright in any Content that has been developed by Kantar’s clients at their own cost for exploitation through the Site, shall vest with those clients.
You acknowledge and agree that the software and Content available on the Site and the Digital Surveys may not be used in violation of the Intellectual Property rights of Kantar and/or Kantar’s clients.
Availability of the Site and the Digital Surveys
You acknowledge and agree that the Site and the Digital Surveys are provided “as is” and that, except as otherwise contained in these Terms and Conditions, Kantar and its clients will have no responsibility or liability for any claim, loss, injury or damage arising out of or in connection with the loss or deletion of, or failure to receive, process or store, any information submitted by you including any survey or poll results or responses, or in respect of any loss of use of the Site and/or the Digital Surveys. While Kantar Insights Mobile will endeavour to ensure that the information provided by it on the Site and/or the Digital Surveys is accurate and complete, Kantar makes no warranty about the accuracy, reliability, completeness or timeliness of such information provided to you.
You understand and accept that you may, from time to time, have to wait for information to load when you are completing a Digital Survey. This includes, but is not limited, to a delay when Kantar Insights Mobile captures your GPS co-ordinates, with your consent, when you are accessing a Digital Survey with your mobile device or electronic device. While Kantar will make all reasonable attempts to ensure that the Site and/or the Digital Surveys are always available and accessible, Kantar does not provide any warranties or make any representations as to the suitability, reliability, availability, timeliness, quality, lack of viruses or other harmful components of the Site and/or the Digital Surveys, the speed of access that can be expected, or that the responses to the Digital Survey will be delivered to Kantar Insights Mobile. Kantar further takes no responsibility for, and will not be liable for, the Site being temporarily unavailable or inaccessible for reasons beyond Kantar’s control.
You understand and accept that not all mobile devices or electronic devices will ensure access to the Site and the Digital Surveys, and that the capabilities of your mobile device or your electronic device may limit the availability of the Site and the Digital Surveys on your mobile device or electronic device. You further understand and accept that it is your responsibility to acquire and maintain the hardware and Internet connectivity necessary to access the Site and to complete the Digital Surveys, and that you are responsible for paying all fees that are due in respect of the hardware, Internet connectivity and bandwidth consumed while accessing the Site and completing the Digital Surveys.
Kantar Insights Mobile reserves the right at any time and from time to time to suspend, modify or discontinue (temporarily or permanently) the Site and/or the Digital Surveys or any part thereof for any reason, including repairs or upgrades to any of Kantar’s systems. Kantar Insights Mobile, in its discretion, also reserves the right at any time to change or discontinue any features or other technical aspects of the Site and/or the Digital Surveys including, but not limited to: Content, hours of availability and equipment needed for access or use of the Site and/or the Digital Surveys.
Jurisdiction and Enforceability
The Terms and Conditions are governed by and interpreted in accordance with the law of the Republic of South Africa. In the event of any legal dispute or action being brought in connection with these Terms and Conditions, the parties agree that the High Court of South Africa, Gauteng Local Division, Johannesburg, shall have jurisdiction to hear any such disputes and each party hereby consents to such jurisdiction of the courts.
Each provision of these Terms and Conditions is severable from the other provisions. If any provision is found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms and Conditions shall nevertheless remain valid and enforceable.
You agree that for the purpose of giving any notice, the serving of any process and for any other purposes arising from these Terms and Conditions, Kantar may send such communications or notices to your cell phone number or email address, as provided to Kantar during your completion of a Digital Survey. Kantar will accept legal service of documents at: firstname.lastname@example.org or at Kantar, Bradenham Hall, 7 Mellis Road, Rivonia.
You may not cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of these Terms and Conditions without Kantar’s prior written approval. Kantar is entitled to cede, assign or otherwise transfer its agreement with you or its rights in terms of the agreement without your prior consent and without giving notice to you.