Last Updated: 28th November, 2023
The SuperPicks mobile application and website (available at www.superpicks.com and incorporating the following game(s): (i) Predictor (“Predictor”), and (ii) Fantasy) (“Fantasy”) (the “Platform”) is the official platform of “SuperSport SuperPicks” (“SuperPicks”) operated jointly by Arcadia Games Limited (“KingMakers”) and SuperSport International (Pty) Limited a subsidiary within the MultiChoice Group of companies(“SuperSport”) (together, the “Operator”, “we” or “us”).
The Platform enables registered users (“Users”) to:
Arcadia Games Limited is incorporated and registered in Ghana with registration number CS130372018 and address No.28A Akosombo Road, Airport Residential Area, Accra.
SuperSport International (Pty) Limited is incorporated and registered in the Republic of South Africa, with company number 1997/004108/07 with its principal place of business at MultiChoice City, 144 Bram Fischer Drive, Ferndale, Randburg, 2194, South Africa.
Before you use the Platform, please make sure you have read, understood, and agreed to this User agreement (“User Agreement”) and all documents referred to in it, including:
For the Platform:
Employees of SuperSport, KingMakers and/or each of their associated companies in the Multichoice Group Limited group of companies and the KingMakers group of companies, as applicable (each an “Employee”) and members of an Employee’s household are not eligible to win prizes through Contests on SuperPicks.
Accessing the Platform
The Platform requires a computer, smartphone or other mobile device running either the iOS or Android operating systems (the device you use, the "Device") and, to access the Platform and the latest features, you will need access to the internet and/or the relevant app store
Access to the Platform and the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Platform and the Services without notice, subject to the provisions of these Terms and Conditions relating to open Contests and your funds. We will not be liable if for any reason the Platform is unavailable at any time. We do not guarantee that the Platform, or any content on it, will always be available or that it will be uninterrupted.
We may restrict access to some parts of the Platform to Users who have registered with us. We may suspend access to the Platform, or close it indefinitely, subject to the provisions of these Terms and Conditions relating to open Contests and any unpaid prizes.
You are free to browse the Platform but, if you want to enter a Contest, you are required to open an account with us (your "Account”) by completing the registration form.
By applying to register with us you declare that you meet all the following eligibility criteria:
2.1 you are at least 18 years old;
2.2 you have legal capacity and authority to enter into these Terms and Conditions;
2.3 you are a resident in Ghana;
2.4 you do not have any other account open on the Platform, and you are acting on your own behalf and not on behalf of anyone else;
2.5 the information you provided on the registration form is correct, including (as applicable) your name, date of birth, mobile number, email address, and any other information used to authenticate your identity; and
3.1 a scanned image of your passport or other government-issued ID document;
3.2 a recent utility bill or bank statement clearly showing your name and address; and/or
3.3 proof of ownership of the bank account in your name.
We reserve the right in our absolute discretion to refuse any application for registration to the Services and/or Platform and are not obliged to provide a reason to you for any such refusal.
As part of the Account opening process you will be required to choose a password for your Account. You must treat your password and Account details as confidential at all times, and you must not disclose them to any third party.
You agree that you are responsible for any use of your Account by a third party where such use is permitted or authorised by you or due to your fault or negligence. We are entitled to assume that any Contests entered using your Account have been placed and initiated by you, where your password and login information has been correctly supplied. We will not be responsible or liable to you for any loss that you may incur as a result of misuse of your password, and we accept no responsibility or liability resulting from its use by a third party.
Your Account is personal to you and may not be transferred to a third party.
You must inform us of any change to your information as provided at the time you registered with us immediately and you must inform us as soon as you are aware of any mistakes or inaccuracies in the information that we hold about you.
Each Contest will be governed by the relevant sections of the Terms and Conditions (as amended from time to time). By Registering as a User, you accept and agree to abide by the Terms and Conditions.
We will be the sole decision-maker of any matter of interpretation of the Terms and Conditions and any aspect of the content of, or playing of, the Contests. We will not enter into correspondence relating to such matters and its decision as to any matter arising out of or in connection with the Terms and Conditions. The allocation of points to any User and/or the award of any prize and/or any ranking or league table as determined by us shall be final and conclusive.
An entry to a Contest is not valid until it has been confirmed by us. Each valid Contest entry will be confirmed on the screen and on the Platform.
You may only enter the Contests provided on the Platform and Users cannot create custom contests.
You are solely responsible for all information (whether entered correctly or incorrectly) that you provide when entering a Contest.
Your entry and participation in a Contest may be interrupted or prevented as a result of any hardware, software or network failure (for example, if your Device battery runs out, software malfunctions or your internet connection fails, or if the Platform or software fails for any reason). If this happens whilst you are entering a Contest, our records will be definitive evidence of whether or not the Contest was successfully entered before the failure.
We reserve the right to suspend or cancel any Contest at any time prior to the Contest start date without notice. All Contests are entered at your own risk and discretion.
We reserve the right in our sole discretion to withhold payment of prizes and to cancel or adjust Contests relating to any event if we have evidence that the integrity of the event has been called into question (including without limitation in relation to match fixing). Any decision given by the governing body of the sport in question will be conclusive.
We reserve the right in our sole discretion to disqualify you from any Contest if we have reason to suspect that you have engaged in any Unfair Practices or have otherwise breached these Terms and Conditions or any applicable laws. Any such breaches or suspected breaches may result in us taking a range of actions against you including:
9.1 disqualifying you from Contests in which case you will not be eligible to receive any prize that you would have won in the Contest;
9.2 placing limits on your Account privileges including but not limiting to restricting your ability to enter Contests;
9.3 suspension and/ or termination of your Account; and/or
9.4 reporting you to any relevant regulatory, investigatory or enforcement authority.
We reserve the right in our sole discretion to void the results of any Contest where (i) the outcome is already known when the Contest was entered; or (ii) the outcome of the relevant event cannot reasonably be determined. We will endeavour to contact the customer and explain decisions when voiding Contest entries.
We will contact the relevant Users via email in the case of any actual or suspected breaches of these Terms and Conditions, any applicable law or the general principles and values of the App.
SuperPicks World Cup Campaign
The 2022 Qatar World Cup (the “World Cup Campaign") launches on 20 November 2022 (the “Start Date”) on the SuperPicks platform and shall run until 18 December 2022 (the “World Cup Campaign Period").
The following game mechanic changes and prizes for Predictor and Fantasy Campaigns will take effect from Start Date (until the end of the World Cup Campaign Period):
The World Cup Predictor Campaign
How it works The World Cup Predictor game will be made up of 10 Predictor rounds during the World Cup Campaign Period (the “World Cup Predictor”). The 10 World Cup Predictor rounds are: 6 x Group Stage ; 1 x Round of 16 ; 1 x Quarter Final* ; 1 x Semi Final* ; 1 x Final* ; *Will not be normal six fixture Predictor rounds
Prizes available There will be 3 Predictor prizes available during the World Cup Campaign Period: The Regular round prize, the Tournament Leaderboard prize, and the Lucky Draw prize.
About: A regular Predictor round is one with six fixtures. The 6 Group Stage rounds and the Round of 16 round will be considered as regular Predictor rounds.
Prizes Available: Regular Predictor rounds will have a boosted jackpot prize of GHC 100,000 for each round, and a consolation prize of GHC 5,000 per round.
How to score points: The Predictor points system can be found on the how to play Predictor and the general T&Cs will apply.
Winners: Winners for Regular Predictor round prizes will be contacted as per the general T&Cs.
About: The Predictor Tournament Leaderboard prize will be an amount of GHC 10,000 shared across the top 20 players on the Predictor Tournament Leaderboard. All ten Predictor rounds during the Campaign Period will count towards the Tournament Leaderboard.
Prizes Available: The Tournament Leaderboard prize of GHC 10,000 will be shared across the top 20 players on the World Cup Predictor Leaderboard as follows:
1st Position - GHC 3,000 ; 2nd Position - GHC 2,000 ; 3rd Position - GHC 1,000 ; 4th Position - GHC 750 ; 5th - 7th Position - GHC 500 ; 8th - 10th Position - GHC 250 ; 11th - 20th Position - GHC 100 ;
There can only be one player in each position in the top 20. If there is more than one player tied for the same position, a tiebreaker(s) will be used until one player remains per position. The order of tiebreakers is as follows: Player with the most ‘correct score outcomes’ throughout the World Cup Campaign Period, if still a tie, THEN, Player with the most ‘correct outcomes’ throughout the World Cup Campaign Period, if still a tie, THEN, Player with the smallest Tiebreaker Question minutes differential, if still a tie, THEN, Split the prize for the number of positions.
Definitions: ‘correct score outcomes’ = number of times a player correctly predicted the exact score of a match ; ‘correct outcomes’ = number of times a player correctly predicted the result of a match ; ‘Tiebreaker Question minutes differential’ = the sum of the differences between a player’s Tiebreaker Question answers and the actual Tiebreaker Answer for the duration of the World Cup Campaign.
How to score points: To qualify for a Prize on the Tournament Leaderboard, players must score points in as many World Cup Predictor rounds as possible. Only the top 20 players on the Tournament Leaderboard will qualify for a prize. The general how to play Predictor will apply to the Tournament Leaderboard.
Winners: Winners will be determined after the final Predictor round has been completed on 18 December 2022. Winners for the tournament prize for the World Cup Predictor will be contacted via phone call and email within 7 days of the end of the World Cup Campaign Period.
About: The Predictor rounds for the Quarter-Finals, Semi-Finals and Finals will have fewer than six fixtures per round, therefore will not have jackpot prizes or consolation prizes. Instead, there will be a prize of GHC 500 per round in the form of a Lucky Draw for a person who submitted a prediction in the Predictor round.
Prizes Available: The Lucky Draw prize will be GHC 500 for the winner.
How to win: A single participant in each round will be selected in a Lucky Draw for a prize of GHC 500. To qualify for selection, a participant must have submitted a prediction in that given round.
Winners: Winners of the Lucky Draws will be determined within 24 hours of a relevant Predictor round ending.
Winners for the Lucky Draw prizes for the World Cup Predictor will be contacted within 7 days of the end of the relevant round via email and phone call.
The World Cup Fantasy Campaign
How it works
The World Cup Fantasy game will be made up of 24 Fantasy contests during the World Cup Campaign (the “World Cup Fantasy”).
Prizes available There will be two Fantasy prizes available during the World Cup Campaign Period: The Regular Fantasy Contest prize and the Tournament Leaderboard prize.
About: All Fantasy Contests on SuperPicks during the Campaign Period will have a prize pool available to be won. The prize pool is up to the discretion of the platform, as per the general T&Cs.
How to score points: The general Fantasy points system and T&Cs will apply.
About: The Fantasy Tournament Leaderboard prize will be an amount of GHC 2,500 shared across the top 20 players on the Fantasy Tournament Leaderboard. All points accumulated (the general Fantasy points system will apply) from the twenty-four Fantasy contests during the Campaign Period will count towards the Tournament Leaderboard.
Prizes Available: The Tournament Leaderboard prize of GHC 2,500 will be shared across the top 20 players on the World Cup Fantasy Leaderboard as follows:
1st Position - GHC 750 ; 2nd Position - GHC 500 ; 3rd Position - GHC 250 ; 4th Position - GHC 188 ; 5th - 7th Position - GHC 125 ; 8th - 10th Position - GHC 63 ; 11th - 20th Position - GHC 25 ;
To rank high on the World Cup Fantasy Leaderboard, you must score points in as many World Cup Fantasy contests as you can. All World Cup Fantasy contests throughout the Campaign Period will count towards the World Cup Campaign. Points accumulated in each round during the Campaign Period will be added to the World Cup Fantasy Leaderboard and will give you a better chance of qualifying for a share of the World Cup Fantasy Prize.
There can only be one player in each position in the top 20. If there is more than one player tied for the same position, a tiebreaker(s) will be used until one player remains per position. The order of tiebreakers is as follows:
Player with the highest World Cup Fantasy points for any Fantasy contest during the World Cup, if still a tie, THEN, Player with the 2nd highest World Cup Fantasy points for any World Cup Fantasy contest during the World Cup, until a winner is determined.
Definitions: ‘Fantasy points’ = total points your World Cup Fantasy team earns during a World Cup Fantasy contest
Winners: The World Cup Fantasy Leaderboard will be finalized once the final match of the World Cup is completed on 18 December 2022.
Winners for the tournament prize for World Cup Fantasy will be contacted within 7 days of the end of the World Cup Campaign Period via email and phone call.
How to participate in the World Cup Predictor and Fantasy Campaigns
Register an account on SuperPicks. You will be required to verify your account using mobile number. You must be 18 years or older and resident in Ghana. All other SuperPicks general T&Cs apply
The Refer a Friend Promotion
This Clause only applies to Predictor and its Contests
Our Predictor “Refer a Friend Promotion” gives you the chance to win a cash prize of up to GHC 1,500 provided you (the referrer) and your referral (i) complete the Entry Requirements set out in this section below, and (ii) your referral correctly predicts all 6 games within a Contest.
2.1 the following entry requirements must be satisfied by you and your referral in order for you (the referrer) to be considered for the Refer a Friend Promotion cash prize of up to GHC 1,500:
2.2 you must register an Account in accordance with Clause 3 of these Terms and Conditions;
2.3 once your Account is registered you will be eligible to share a “refer a friend link” from your Account with your friends and in order for your entry to be recognised and complete they must register an Account via the same link;
2.4 Referrals must be eligible to open an Account in accordance with Clause 3 (e.g. they must be over the age of 18 and resident in Ghana) otherwise your entry will be disqualified;
2.5 you can only refer friends who have never played Predictor or registered an account with SuperPicks in order for that referral entry to be a valid otherwise your entry will be disqualified;
2.6 referrals who do not register an Account via the “refer a friend link” will be disqualified;
2.7 once your referral’s account is validly registered via your link you will be able to view this on the “Refer a Friend” page within your Account; and
2.8 your referral must enter a Predictor round and correctly predict the full-time score of all 6 games within the relevant at Contest round.
(together a “Valid Refer a Friend Entry”)
Additional rules for the Refer a Friend Promotion
Unless otherwise stipulated in writing, the Refer a Friend Promotion prizes are only eligible where the referral wins the Jackpot Prize, not the Weekly Guaranteed Prize or any other prizes/promotions Predictor has live at that time.
In the instance where there is a shared Jackpot Prize, the referrer will receive the equivalent of 5% of the total prize money won by the referral for that Contest round. For example, if there are 2 customers sharing the GHC 30,000 jackpot, one of which is the referral, the referrer will receive a bonus of GHC 750 as this is an equivalent to 5% of the GHC 15,000 won by the referral.
In the event your referral wins the Jackpot Prize during a Predictor round where fixture postponements or abandonments have impacted the round, the referral bonus will remain at a 5% proportion of the won Jackpot Prize.
Only direct referrals will be recorded as a linked referral to a customer Account i.e., if customer 1 refers customer 2, customer 2 will be recorded as a referral of customer 1. If customer 2 then refers customer 3, customer 3 will be recorded as a referral of customer 2, not customer 1.
If you and your referral do not satisfy all of the Valid Refer a Friend Entry criteria set out above in Clause 6.2 then no refer a friend bonus will be payable.
Customers in line to receive the referral bonus will be contacted after their referral has provided the appropriate documentation to prove their eligibility. At this point the referrer will also need to provide the appropriate documentation to prove their eligibility in accordance with all Predictor game rules for prize winners.
If the winning participants or the referrer cannot be contacted within a reasonable period of time, fail to upgrade their account details or are not able or available to accept the prize for any reason which is beyond the Operator’s reasonable control, then the applicable prize(s) and/or bonus(es) will be revoked.
Referral bonuses will not be awarded to any staff of KingMakers or SuperSport.
Participants who have been excluded from previous promotions run by the Operator will not be permitted to participate in this Refer a Friend Promotion and any submissions shall be deemed void.
The customer cannot request any alternative to the prize or bonus, and unless agreed otherwise in writing by the Operator the prize and/or bonus is non-refundable and non-transferable.
The Operator reserves the right to substitute the bonus for a bonus of equivalent or greater monetary value if this is necessary to do so for reasons beyond its control.
Using the Platform
1.1 in any way that breaches any applicable local, national or international law or regulation or these Terms and Conditions;
1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
1.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Unauthorised Access and Use
2.1 hack or attempt to hack the Platform or other Users’ Accounts;
2.2 infringe our intellectual property rights or those of any third party in relation to your use of the Platform;
2.3 rent, lease, sub-license, loan, translate, merge, reproduce, duplicate, copy, re-sell any part of the Platform (or attempt to do any of these things);
2.4 access without authority, interfere with, modify, reverse-engineer, decompile, damage, disrupt or creative derivative works of: any part of the Platform or its source code; any equipment or network on which the Platform is stored; any software used in the provision of the Platform; or any equipment or network or software owned or used by any third party, including any software you may need to download to use our Services (or attempt to do any of these things);
2.5 combine the Platform with, or incorporate it into in, any other programs;
2.6 do anything which hinders the performance of the Platform;
2.7 take any action to conceal or disguise the IP address of the device you are using to access the Platform;
2.8 infringe or attempt to infringe the privacy of another User of the Platform;
2.9 take any action to manipulate artificially the Platform, feedback and/or ratings systems for whatever purpose;
2.10 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform and / or our Services;
2.11 use the Platform by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Platform for use within a third party website or application;
2.12 collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmission to or from the servers running the Platform;
2.13 provide or otherwise make available the Platform in whole or in part (including object and source code) in any form to any person without prior written consent from us; or
2.14 comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform.
4.1 cheating or colluding with any other User(s) or engaging in any type of syndicate play to confer an advantage on the User;
4.2 accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
4.3 using automated means (including but not limited to harvesting bots, robots, parsers, spiders or screen scrapers) to obtain, collect or access any information on the Platform or of any User for any purpose;
4.4 tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
4.5 falsifying or disguising your own personal information or engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize; or
4.6 engaging in any other method of unfairly increasing your chances of winning.
We do not guarantee that the Platform will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, Devices and computer programmes in order to access the Platform and we recommend that you use your own virus protection software.
You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
You agree to inform us as soon as you encounter any errors in the Platform.
We will notify you if you have won a prize through your Account and we may request certain documents from you at this stage in order to verify your identity and your eligibility to enter the Contest and win the prize. You must provide these documents within the timeframe specified in your prize notification in order to be eligible to receive your prize. You represent and warrant that any documents that provide to us in the course of the verification process will be true copies of the original documents to which they relate.
Any announcement on Kingmakers or SuperSport properties (TV, online etc.) is pending verification and is not final confirmation.
If you win a prize from a legitimate Contest you will be asked to update your account to a BetKing user account, operated by the KingMakers Group, which includes an account wallet and payment methods by which you can use or withdraw your prize funds. You may only open a BetKing account, and we may only process withdrawal requests, once identification and/or verification requirements have been satisfied by you in accordance with the BetKing account terms and conditions.
Winners will be responsible for paying all taxes or other charges or levies payable in respect of prizes that they receive, including but not limited to, income tax, gift tax, 10% withholding tax on winnings introduced by the government of Ghana from the 15th August 2023 and any other applicable tax under the laws of Ghana etc.
If we are not able to make contact with you after taking reasonable efforts based on the contact information you have provided in your User account, or if you do not provide the correct verification documents within the required timeframe or, after reviewing the documents you do provide, we are not satisfied (acting reasonably) that you met our eligibility criteria at the time that you entered the relevant Contest or at any time thereafter, you will not be eligible to win the prize. At our sole discretion, we may choose to distribute the prize to the next highest ranking User in the Contest, or we may choose not to award the prize.
Entry and participation in the Contest constitutes permission for the Operator and and/or its associated, affiliated and subsidiary companies to use the names, predictions and photographs of Users for publishing purposes at their discretion, including but not limited to, leader boards and other display on the Platform and/or related applications. All winners may be required to participate in such publicity as the Operator reasonably requires.
Closure of your Account
1.1 issue a warning to you;
1.2 temporarily or permanently withdraw your right to use the Platform;
1.3 suspend or terminate or deregister your Account;
1.4 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
1.5 take further legal action against you; and/or
1.6 disclose such information to law enforcement authorities as we reasonably feel it is necessary to do so.
2.1 all rights granted to you under these Terms and Conditions shall cease;
2.2 you must immediately cease all activities authorised by these Terms and Conditions, including your use of any Services provided through the Platform;
2.3 you must immediately delete or remove the Platform from all Devices, and immediately destroy all copies of the Platform then in your possession, custody or control; and
2.4 you will be withdrawn from any live or upcoming Contests that you have entered.
Intellectual Property Rights
We grant to you a non-transferable, non-exclusive, revocable licence to use the Platform on the Devices provided that you comply with these Terms and Conditions. We reserve all other rights.
We are the owner or the licensee of all intellectual property rights in the Platform and in the material published on the Platform. Certain intellectual property rights featured on the platform such as trademarks and crests of sporting clubs and competition names, leads and events may belong to third party rights holders and may not be infringed or otherwise utilised by you Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms and Conditions. You may only use the Platform for your own domestic, private and non-commercial use. You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
No part of the Platform, including, without limitation, the text, designs, graphics, photographs, logos and trademarks (whether registered or unregistered) and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
We endeavour to ensure that the Platform is available to Users as much as is reasonably possible, but we cannot and do not guarantee that: (i) the Platform will be available at any specific time or for any specific period; or (ii) that the features, functionality or performance of the Platform or the Services on it will meet your requirements or those of anyone else; or (iii) that the Platform or the Services on it or the features and functionality of either of them are, or will be, compatible with, or available on, the device or system used by a User to access the Platform.
We shall only be liable as expressly provided in these Terms and Conditions, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence), breach of statutory duty or otherwise.
Nothing in these Terms and Conditions shall exclude or restrict our liability for death or personal injury resulting from our negligence or for fraud.
We shall not be liable for any loss or damage that may arise from any aspect of the Platform or its availability or functionality not within our reasonable control.
We shall not be responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, and saturation of the telecommunication networks, natural catastrophe, epidemic or pandemic (including SARS-COV2 or similar outbreak of disease) or any other matter beyond our control, which could lead to a total or partial reduction in the events to which the Contests relate and/or in the access to our Services, on internet or by phone. In such an event, we may (in our sole and absolute discretion) cancel or suspend our Services without incurring any liability.
The Operator will not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss (including for any consequential losses, special damages, loss of business, loss of expectation or loss of profit or goodwill) that could not have been reasonably expected by the User and the Operator at the time of entering into these Terms and Conditions. Loss or damage would be reasonably expected by the User and the Operator if it is an obvious consequence of our breach or if it was contemplated by you and us at the time that you opened an Account with us, howsoever caused or arising, whether through non-supply or late supply of the Platform or any Service available through it, non-performance of these Terms and Conditions or otherwise.
The Operator will not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise in respect of:
7.1 the refusal to allow any person to enter a Contest in accordance with these Terms and Conditions; or
7.2 or any losses caused arising from the misuse or unauthorised use of passwords; or
7.3 the corruption of data sent by you to us or by us to you.
Except as expressly stated elsewhere in these Terms and Conditions, all representations, warranties, conditions and other terms, whether express or implied (by common law, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by applicable law.
The Platform may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Platform.
Information about You and Your Visits to the Platform
Links from the Platform
General APP Terms
For the purpose of this section, "Appstore Provider" means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).
You acknowledge and agree that these Terms and Conditions have been concluded between you and the Operator, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App.
In the event that the App does not conform with any product warranty provided for by these Terms and Conditions, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
In the event that a third party claims that the App infringes its intellectual property rights, the Operator (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms and Conditions. Upon your acceptance of these Terms and Conditions, Apple will have the right to enforce these Terms and Conditions against you as a third party beneficiary.
Complaints and Disputes
If you have any questions about the Platform, the SuperPicks Help Centre has an FAQs section that may help to resolve any issues.
If you wish to raise any complaint with us, please email us at [email protected]. We will try to solve any disagreements quickly and efficiently. If a disagreement is resolved in your favour, we may (without limitation) reverse the transaction which is the subject of the disagreement.
If you are not satisfied by the response of our customer support team, you can ask for the dispute to be escalated to a manager or supervisor.
We hereby clarify that we rely on the accuracy and completeness of third party score/statistic feeds and do not warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users agree not to make any claim or raise any complaint against SuperPicks in this respect.
We may revise these Terms and Conditions at any time by posting an amended version on the Platform. We will always try to give you advance notice of any upcoming changes to these Terms and Conditions by posting the new version on the Platform at least 30 days before the changes take effect. However, this might not always be possible, for instance if the changes are required in order to comply with a change in law or regulations or in response to a complaint or claim from a third party. We will use reasonable efforts to ensure that any important changes will be notified to you by an appropriate method, such as a notice on the Platform. However, it is your responsibility to check the Terms and Conditions regularly to take notice of any changes we make, and you agree to do so. Any changes to the Terms and Conditions are binding on you from the first time you visit the site after the relevant change has taken effect. If you do not agree with any changes or additions we make, please refrain from using the Platform.
From time to time updates and / or software patches to the Platform may be issued through the relevant app store. Depending on the update, you may not be able to use the Platform until you have downloaded the latest version of the Platform and accepted any new terms.
You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the Platform onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of these Terms and Conditions for the use of the Platform or the Services on or in relation to any Device, whether or not it is owned by you.
Each of the provisions of these Terms and Conditions operates separately. If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Third party rights
Governing law and jurisdiction
These Terms and Conditions are governed by the laws of South Africa. This means that your access to, use of the Platform, any entries to a Contest and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by South African law.
Where the Terms and Conditions are published in several languages, the English version of the Terms and Conditions will supersede and take precedence over any conflicting elements with other languages.
Any dispute arising out of or in connection with these Terms and Conditions, including their subject matter or formation, shall be subject to the exclusive jurisdictions of the courts of South Africa.
If you have any concerns, questions or comments about the Platform or these Terms and Conditions, please contact us by email at [email protected]
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future.