Updated 3rd October 2023These Terms and Conditions apply for the Online and Mobile App channels offered on the www.boxcrash.com Website ("Site", "Platform", "Services", “Website”).
The Platform and the games are offered by Ingressive Networks LTD. Ingressive Networks LTD ("The Company", "Us", "Our", "We", "Operator") is a private limited company incorporated in Kenya, P.O. Box 59928-00100 Nairobi, company registration number PVT- Y2U9YMEP.
This agreement establishes the Terms and Conditions governing the contractual relationship between Us and the player (“You”, ”Participant”, ”Player”, ”User”) and shall apply when playing any of Our games via any media or Platform including inter alia, computers, desktops, tablets and mobile devices. By using Our services, regardless of the means of access, You will be deemed to have read, understood and accepted the terms and conditions. You agree to be bound by these Terms and Conditions contained herein and as may be amended by Us from time to time.
The published Rules of Play and Terms of Participation for each Game apply at all material times. We may on occasion run additional prize draws, raffles, jackpots and promotions upon consultation with the Betting Control and Licensing Board of Kenya. Information relating to such draws will be made available on the Site when relevant, these draws may be subject to additional specific rules, terms, and conditions.
These Terms and Conditions shall be governed by Kenyan law, Our games are subject to the provisions of the Kenya Betting, Lotteries and Gaming Act, regulated by the Betting Control and Licensing Board of Kenya (BCLB).
ELIGIBILITY
Our services are provided to persons aged 18 years and above, who are citizens and residents of Kenya, present on the Kenyan territory, that are non-residents and or non- citizens of any other country.
Our directors, employees, contractors, agents and their immediate families, partners or household members are not eligible to participate in Our games.
Any person who has an account which has a status that prohibits them from a Ticket or receiving a prize (including without limitation a person whose account has been suspended or terminated) is not eligible to participate in Our games.
By participating in a Game, You confirm that You are eligible to do so and are eligible to claim any prize You may win. We may require You to provide proof of eligibility to enter the Game, of the Ticket and further details as We may deem relevant.
We do not accept Game entries that are completed by third-parties, submitted in bulk, or generated by a computer system. We reserve all rights to disqualify You if Your conduct is contrary to the intention of Our Game, if You are under-age or if participation violates the laws of Kenya and or these Terms & Conditions.
GAME DESCRIPTION
Boxcrash is a Draw Game based on choosing a single number from 1 to 12.
A player can either choose their numbers through Our Website (www.boxcrash.com) or through mobile money (M-Pesa).
A player wins if their chosen number matches the number drawn by the system. Each winning player receives a multiple of their Ticket amount. The multiple ranges from 4 to 20 times (4x to 20x) and is displayed on each Game.
Note: The multiple is Randomly generated by the system.
EXAMPLE
Using a ten times multiplier (10X multiple)
If a player selects the number 8 with a Ticket amount of KSh.500:
a) If the system draws the number 8, the player wins KSh.5,000 (500 x 10)
b) If the system draws the number 7 or any other number except 8, the player loses.
GAME PARTICIPATION
A) WEBSITE ENTRY
• The player is able to select their own number on the Website. The player may also choose to use a number randomly generated by the Platform.
• Ticket Purchase: The player will select the preferred Ticket amount. If the Player has insufficient funds in their Account, then they will be prompted to make a deposit via Mobile Money to complete their Entry.• A player can choose to register on the Platform by creating a password for their own convenience.
B) MOBILE MONEY ENTRY
• A player can enter the Game through their mobile money account by purchasing an entry.
• To purchase an entry, the player must make a payment to Our paybill number. The Player must use the ACCOUNT or REFERENCE field of the Mobile Money system as the means to enter their chosen number (1 to 12) along with their account number (phone number) separated by an asterisk .e.g. 12*0712345678
• Failure to enter the number in a compliant way will result in Our system issuing a randomly generated number on behalf of the player if the player had previously participated in Our games.
• Any other payments shall not be applied until the user resolves the issue by: submitting a payment that includes a valid chosen number(1 to 12); registering an account; or requesting a payment reversal.
The player is responsible for any financial transaction associated with the purchase of a Ticket. A new account is automatically established for each new user on their first valid Game entry, a user can access this account by using the reset password option.
You declare that the source of funds used by You for gambling on the Sites is not illegal and that You will not use the Services in any way as a money transfer system or for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction.
GAME RULES
The Game involves a random single number Draw selected from the numbers 0 to 12. The Draw uses a secure random number generator, the results of each Draw are PROVABLY FAIR and can be verified by using the verification instructions provided on the Site.
• Draws are scheduled every 1 hour. The exact Draw time will depend on the processing of the entries.
• The current draws and results of the previous draws are displayed on Our Website.
• The Draw time and participation deadline will be displayed on Our Website. The
deadline is currently set to 20 seconds before the Draw.
• The cost of each Ticket is between KSh.50 and KSh.2,000. Amounts below KSh.50 or exceeding KSh.2,000 shall be applied to the user's in-Game wallet for use in future games.
• The Ticket is only valid if it is recorded on Our computer system.
• A player needs to select a single number from 1 to 12. The prize levels are as described below:
For numbers 1,2,3,4,5,6,7,8,9,10,11 and 12, the player wins a multiple of their Ticket amount.
• If a Ticket is made after the designated Draw deadline (as displayed on the Site), the Ticket is automatically entered into the next Draw i.e.
• If a Ticket is received after the displayed deadline, the Ticket will be entered into the next Draw
• If a Ticket is received after the advertised deadline due to Our delay, or any unforeseen technical difficulties, the Ticket will be entered into the next Draw upon rectification of the delay or technical difficulties.
WINNINGS
Winnings are automatically deposited into Your wallet on the Site, You may withdraw Your winnings into Your Mobile Money account by using the withdraw option.
In the event that there are any taxes applicable to the Prizes, We will deduct the relevant amount and remit to the tax collection agency. A withholding tax of 20% shall be deducted from winnings.
We reserve the right to:
a) Pay Prizes by Mobile Money, cheque, bank transfer or direct credit.
b) Ask You to visit Our office to claim Your prize.
c) Withhold a Prize, providing We are acting reasonably, until We are entirely satisfied that a Ticket is valid and that the claim has been made in good faith
d) Recover a Prize incorrectly paid into Your Account
e) Request proof of entitlement to a Prize (including, without limitation, Identification information, proof of identity and capacity to claim)
f) Publicize winners claiming a Prize for Our records
g) Review and adjust the Game rules upon consultation with the Betting Control and Licensing Board of Kenya. Players are assumed to have reviewed the most up-to- date terms and conditions published on the Website in advance of playing.
The right to a Prize is not transferable. We will not be responsible or liable to any person claiming a Prize which has been paid to a person who assumed the identity of the relevant Account.
No interest will be payable on any prize or refund.
WITHDRAWAL FEES
The following disbursement fees will be deducted during withdrawal:
• KSh.100 to 1,000 -KSh.12 fee
• KSh.1,001 and above -KSh.23 fee
TICKET VALIDATION
Before a Prize can be paid on a Ticket, it must be successfully validated in line with Our reasonable validation procedures adopted from time to time. Our decision about whether the Ticket is valid will be final and binding; without limiting the effect of this rule, We will declare a Ticket invalid if:
a) The Ticket is the result of an act by You or another person that was intended to increase the chances of You or that person winning a Prize in the relevant Game above the chances enjoyed by other Players of that Game, or to increase that Prize;
b) The Ticket is counterfeit, all or part of the Ticket has been forged, or the Ticket fails to pass Our validation and security checks;
c) The Ticket is not on Our computer system, or the relevant Prize for that Ticket has been paid previously;
d) We reasonably believe that the person claiming the Prize is not the holder of the relevant Account or that person's duly authorized representative, or that the information provided by the person claiming the Prize is incomplete or has been altered or tampered with.
e) The Ticket Number (or any other unique feature of the Ticket) do not match the records on Our Computer System for the Game that the Ticket relates to.
Following consultation with the BCLB, We may declare that a Ticket is defective; suspend, close or withdraw any Game. In these circumstances, all relevant entries and all relevant prizes won will be void and We will decide to either:
A) give You an opportunity to have another Ticket of equivalent price; or
B) refund You the amount You paid for the Ticket.
GAMBLING ADDICTION AND SELF-EXCLUSION
You can choose to exclude yourself by emailing Us at [email protected]
If You have chosen to exclude yourself from Our Platform, We will close all accounts identified as belonging to You in accordance with Our Responsible Gaming Policy. It is Your obligation to abide by this restriction.
If You have previously had any issue with gaming addiction, financial difficulty, or any other such issue accounted, it is Your responsibility to refrain from opening new accounts whilst such issue is in place. For example, if You have previously been blocked for a gaming addiction, it is Your obligation to refrain from opening new accounts. If You do so, We will close all accounts as soon as detected.
USER ACCOUNT
You can close Your Account by emailing Us at [email protected]. We will return any unused account balance less the withdrawal fees, using a method of Our choosing. We may terminate Your account and refund the account balance less the withdrawal fees, at any time and without providing a reason.
All required information must be entered truthfully during registration; Entering an invalid phone or email address might make it impossible to reset Your password or withdraw any funds. It is Your responsibility to keep Your login details secret.
If no Ticket purchase, deposit or withdrawal has been processed in Your account for 90, Your account will be considered dormant. If You do not activate the account by making a deposit, withdrawal or Ticket purchase within 90 of the account being marked as dormant (180 days since Your last activity), the account will be closed and the balance charged as an account closure fee, to the extent permitted by law.
ELIGIBILITY VERIFICATION
Persons under the age of 18 are forbidden to use Our services under any circumstances. We reserve the right to request proof of age at any stage. We may terminate Your account and or exclude You from using the Services if We suspect You are not of legal age or if proof of age is not provided by You. We reserve the right to withhold any funds in Your account until Your age is verified.
Your Mobile Money Account must be associated with Your valid form of Identification Information.
We reserve the right to verify Your registration details, such as name, address, age, and payment methods used, at any time, by requesting certain documents. In the event Our requests for documents are not completed by the Player, We may at Our sole discretion terminate the account, and withhold any funds that are present therein. Should the documents fail Our internal security checks - e.g. if We suspect the details are misleading, tampered with or misrepresent the Player - We shall be under no obligation to accept such documents as valid, and We are under no obligation to provide feedback on the exact nature of Our findings with regards to these documents.
We reserve the right to perform background checks and to request any relevant documentation, for any reason, including (but not limited to) any investigation into the identity, credit checks performed, or any enquiries into the Player's personal history. The basis for such investigations will be dependent on the specific case, but could include (but is not limited to) verification of the Player's registration details, verification of the Player's financial transactions or standing, and or gaming activity. We are under no obligation to advise the Player of such an investigation taking place. Such activities may include the use of specific third-party companies, which perform the investigations as required. We may decide at Our sole discretion to terminate a Player's account, and withhold funds should such an investigation provide a negative or uncertain conclusion.
DISPUTES, COMPLAINTS AND ENQUIRIES
All complaints and enquiries should be made by contacting Us via Our support email ([email protected]);
If the outcome of a Draw is disputed, You agree that Our server logs and records are the final authority when determining the validity of any claim;
If there's a disagreement between the result displayed to You and Our Game server, results on the Game server will prevail;
When We intend to reach You, We will use the phone or email address You provided to Us during registration or Ticket purchase.
No claims or disputes will be considered more than 3 months after the date of the original transaction. You hereby undertake to raise such claims or disputes with the customer service department at [email protected] and to provide Us with all the relevant information or evidence which the Operator reasonably requires to review Your claim or dispute.
If You do not agree with the Our decision, You should contact Our Support Manager to appeal the decision and provide the Company with all the relevant evidence in relation to Your appeal promptly.
Upon consultation with the Betting Control and Licensing Board of Kenya:
Our decision about whether or not a Ticket is a winning Ticket, or in relation to any other matter or dispute arising from the payment or non-payment of Prizes, will be final and binding provided; without limiting the effect of the previous sentence, following any such decision made by Us, We may (at our discretion), reimburse the cost of the Ticket or replace the disputed Bet with a Ticket for any current Game of the same price; this remedy will be the Player's sole and exclusive remedy, and any reimbursement or replacement will fully discharge Us from any liability in respect of such a dispute; We will not be liable to pay any interest in respect of any reimbursement; We may withhold payment of a Prize and or make an equivalent payment into court until any dispute has been resolved.
LIABILITY
Our only obligation is to pay the Prizes won in any Game to the rightful owners of Winning Entries, or provide a refund in the circumstances set out in these terms. We will not be liable in any circumstances for any loss of whatever nature other than, the non-payment of a Prize or the non-payment of a refund You are entitled to under these Rules. In particular, but without limitation, We will not be liable for any loss of profits, special, indirect or consequential loss, suffered or incurred by You (or any holder or owner of a Ticket, any person claiming a Prize or any other person) that arises out of the withdrawal of any Game or from the participation or non-participation of You or any person in any Game. This includes the loss, for whatever reason, of the chance to participate in that Game.
We, Our employees, directors and partners shall not be liable to any person for:
events beyond Our reasonable control and expectations; the failure or destruction of, or damage to, all or part of the computer systems, Our records or any third party (including, without limitation, the Site and or Our Computer System); any mistakes caused by all or part of Our computer systems or records or any third party (including, without limitation, the Site and or Our Computer System); delays, losses, mistakes or omissions in or made by the postal or other delivery service or by the banking system; any other action or event which prevents or hinders the issue of a valid Ticket (including without limitation the failure of the Site to display correctly on any device used to view it); the refusal to allow any person to participate or to allow any person to play a Game; any losses caused by You, including the misuse or unauthorized use of passwords, money lost by playing Our Games, and the failure to keep Us informed of changes to Your details; any losses caused by the failure or malfunction of Your equipment or technology or Your internet service provider or mobile phone network operator, or the equipment, technology, internet service provider or mobile phone network operator of any other person or third party.
You acknowledge and agree that You do not rely on, and shall have no remedy in respect of, any statement, representation or warranty (whether negligently or innocently made) or understanding of any person whether or not such person is a party to these Rules.
We:
Don't warrant that the Website and software will be accessible without interruptions;
Don't warrant that the Website and software are error free; Will not be responsible, under any circumstances, to You or any third party for any direct, indirect, incidental, special, consequential, exemplary, liquidated, or punitive damages, including damages under warranty, contract, tort, negligence, or any other claims, arising out of or relating to Your use of Our services, Our materials, or any content or other materials on or accessed through Our services, even if We have been advised of the possibility of such damages;
Will also not be liable to You for any use of information, data, or other material transmitted via Our services, or for any errors, defects, interruptions, deletions, or losses resulting from, including loss of profit, revenue, or business, arising in whole or in part from Your access to, or use of, the services;
We will not be held liable for any communication failure, lag, server disruptions, data corruption or loss, downtime or any technical disruption to the Game or services. We may offer refunds if the Ingressive Networks management with BCLB reach such an agreement. We may adjust any winnings paid to a player if We determine that the winnings were derived from an error. You must inform Us as soon as You notice any errors in Your Account regarding any tickets or draws.
You agree that:
If there is an error in the Game, any tickets generated when the Game is malfunctioning shall be void. Balance or winnings obtained from a malfunction of the service, and any subsequent use of said funds shall be void;
Our services are provided without any warranty.
In no event will We, Our employees, directors and partners' total liability to You for all damages, losses or causes whether in contract, tort (including, but not limited to, negligence) or otherwise of action exceed the amount of the stake, USD 20 or KES 2,000 (whichever is less);
If You are dissatisfied with any portion of Our services or with this agreement, Your sole and exclusive remedy is to discontinue use of Our services.
You and Ingressive Networks agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration. You and Ingressive Networks agree that the arbitration of any Claim shall proceed on an individual basis, and neither You nor Us may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration. A claim to resolve any Claim against Us will be deemed a Collective Arbitration if (i) two or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) representation for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
You agree to fully indemnify, defend and hold Us, Our partners and their respective companies and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result: Of any breach of these Terms by You; Violation by You of any law or the rights of any third party; Use by You of the Services or Software or use by any other person accessing the Services or Software using Your user identification, whether or not with Your authorization;
GENERAL
If the We have reasonable suspicion that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms and Conditions, Your access to the Services may be terminated immediately and or Your account blocked, We are under no obligation to refund to You any funds that may be in Your account. We shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of Your identity and of any suspected unlawful, fraudulent or improper activity and You will cooperate fully to investigate any such activity. We prohibit utilization of any recognized techniques to circumvent the standard house edge in Our Games. If Your account indicates that You are using such techniques, We shall immediately block Your account and retain any funds in said account.
Any person who participates or submits a Ticket for validation or who claims a Prize in whatever capacity, agrees to be bound by the provisions of any applicable legislation, these Rules (all as amended from time to time) and any other rules or procedures, statements or explanations We may issue in respect of that Game. We may change these rules, Game procedures, and any Game specific rules applicable to the Games at any time. These changes will be effective immediately from the date of their publication on the Site (or any earlier time We state), or on notification to You that the changes have taken place (whichever takes place sooner) and will apply to tickets placed after the date on which the changes become effective, and or tickets bought before that date if reasonable in the circumstances. Notification will be by email, SMS, Account notification, post or any other form of communication reasonably decided by Us.
You agree that You will be bound by the changes when You next play a Game, access Your Account or claim a Prize after the changes have become effective, or (where relevant) when You expressly accept the changes, whichever takes place first.
If any provision (or part of a provision) in any of Our terms and rules is deemed by a court of the Republic of Kenya to be void and or unenforceable, that decision will only affect theparticular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.
You may not assign or otherwise transfer (in whole or in part) Your rights and or obligations under these Rules. Any breach of the rules may result in termination of Your account, and or access to the Site. We may assign or otherwise transfer Our rights and or obligations under these Rules in whole or in part to any third party at Our sole discretion.
You agree that when You contact Us, You will supply any related information required.
The relevant law for these Rules is the Kenyan law. Any legal proceedings will be heard in the Kenyan courts under the Kenyan law.
When You claim or are paid a prize, You will automatically be deemed to grant to Us an irrevocable right to publish, through all types of media broadcasting, including the internet, for the purposes of promoting the win, Your name and or nickname, hometown, photograph, video materials and any additional information that You voluntarily provide, without any claim for broadcasting, printing or other rights for a period of up to Thirty Six months from the date of the award. You shall have no claim against Us for invasion of privacy or any other ground(s) by reason of the publication or broadcast.
By participating in the Game, You expressly consent to the collection, use and disclosure by of the Participant's Personal Information by Us, Our employees, agents and or service providers for the purposes of conducting and administering the Game. You accept that We have the right to send You communication and promotional messages You unless You explicitly opt out.
We shall ultimately determine if You have violated Our rules or terms and conditions. Violations may lead to account closure and refund of unused deposits, We may also withhold any bonus, winnings or promotion balance as a fee.
There is no general right for a person to Ticket. We can refuse to allow Tickets to anyone, and or limit the number of tickets You can place, without providing an explanation or reason.
The time, frequency, date and method of the Draws shall be decided by Us with consultation with BCLB and may change from time to time.
We will endeavor to ensure that the results displayed on the Website or published via other sources are accurate, although every effort is made to ensure the accuracy of this information, We shall not be liable for any mistakes in respect of such information.
We will respect Your privacy and shall always make efforts to preserve Your information in strict confidence. However, the Company shall not be liable for any loss of data. Personal information provided may be disclosed to a credit reference bureau who may keep records of such information.
The Company is not responsible in any way for any consequences resulting from major incidents beyond the Company's control
All content on Our Site, SMS, Mobile service, and all other media and electronic platforms is owned by the Company, its affiliates and third party contractors, and is protected by international intellectual property and copyright laws and regulations, including: products, logos, trademarks, service marks, trading names, etc. No part of the Site, SMS, or Mobile service may be copied.
It is an offence punishable by a prison term and or a fine if a player cheats in a Game as per the provisions of the Kenya Betting, Lotteries and Gaming Act. We may choose to seek compensation from You if You notice and fail to report a loophole or Game error.
We encourage You to notify Us if You notice an error in Our system that malicious players might take advantage of. We may reward the first error report KSH.50,000 or an amount of Our own choosing, at Our own volition (Bug Bounty). Only the Company may decide to issue this reward.
We have no obligation to check whether users are using the Services in accordance with the Terms and Conditions, as updated from time to time.
Each user of the Service is fully responsible for paying all monies owed to Us. You agree that You will not make or attempt to make any charge-backs, and or deny or reverse any payment that You have made and You hereby agree to reimburse the Operator for any charge-backs, denial or reversal of payments You make and any loss suffered by the Operator as a consequence thereof. The Operator may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with certain payment methods.
TERMINATION
You may terminate the agreement to these Terms and Conditions and Your account at any time by sending an email to Us at [email protected], such termination will take effect upon Us terminating Your account. You shall remain responsible for any activity on Your account between sending Us an email and the actual termination of Your account.
On termination of the Terms and Conditions You shall: Discontinue the use of the Software and the Services; Pay all amounts due and owing to the Company; and remove and permanently delete the Software from Your computer equipment and destroy all related documentation in Your possession, custody, power or control. The right to terminate the Terms and Conditions given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
Upon the termination of the agreement to these Terms and Conditions for any reason, except as otherwise provided in the Terms and Conditions and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under these Terms and Conditions. In the event of Our termination of these Terms and Conditions on account of Your breach of the Agreement, We will be under no obligation to refund to You any funds that may be in Your account and You shall have no claims against Us in such regard.
