Competition Rules

These are the official rules for the leaderboard competitions run in the Kleva App (the “Competition” or “Competitions”). They are prepared to meet section 36 of the Consumer Protection Act 68 of 2008 (the “CPA”) and its Regulations, and the rules of the Apple App Store and Google Play. By taking part in a Competition, you agree to these rules, to our Terms of Use, and to our Privacy Policy.

These rules apply together with any specific details we publish for a particular Competition for example the leaderboard period, the prizes and the closing time which we show in the App. Where a specific detail we publish for a Competition differs from these general rules, the specific detail applies for that Competition.

1. Who runs the Competition (the Promoter)

The Competition is run by Kleva App (“Kleva”, “we”, “us” or “our”), the “Promoter” for the purposes of section 36 of the CPA. Our contact details are:

2. Who can take part

To take part in a Competition, you must:

• be 18 years of age or older;
• be a resident of the Republic of South Africa;
• have a valid Kleva account in good standing, created and used in line with our Terms of Use; and
• be able to lawfully receive a prize and provide the details we need to pay it (see section 8).

Who cannot take part. As the CPA requires, our directors, members, partners, employees, agents and consultants, the people who supply prizes or run the Competition on our behalf, and the spouses, life partners, business partners or immediate family members of any of those people, may not take part in or win a Competition. Winners may be asked to confirm this in writing.

3. Free to enter — no payment, no purchase

Entering a Competition is completely free.

• You never pay an entry fee or a stake to take part, and you do not have to buy a subscription or anything else to be eligible to enter or to win.
• Having a paid Kleva subscription does not enter you, does not improve your ranking, and does not increase your chance of winning. Winning is based only on your learning performance.
• You bear only your own normal costs of using the App, such as your own mobile data we do not charge you anything to take part.

4. How you enter

You take part simply by learning on Kleva during the leaderboard period. Your activity in the App such as completing lessons, answering quizzes and building streaks automatically earns you points and places you on the relevant leaderboard. There is no separate entry form to fill in.

Leaderboard period. Each Competition runs over a defined period that we publish in the App for example [a weekly / monthly] leaderboard. The Competition opens at a date announced inside the app on the published dates. Only activity recorded in the App during that period counts. Activity is measured on Kleva’s systems, and the times shown by our systems (South African Standard Time) are final.

5. How winners are decided — skill only, no chance

This is the heart of how Kleva competitions work, and we keep it strict so that the Competition stays fair and skill-based.

• Ranking is by skill. Winners are the participants who rank highest on the leaderboard at the close of the period, measured by an objective, points-based score built from learning performance — for example lessons completed, quiz scores and streaks. The exact scoring for each Competition is published in the App.
• No chance element. Winners are never chosen by lot, random draw, spin, lucky-dip or any other element of chance. There is no randomness in deciding who wins.
• Ties are broken by skill. If two or more participants have the same score, we break the tie using a further objective skill measure for example, who reached the score first, or who made fewer errors as published for that Competition. Ties are never broken by a draw.
• Automated but reviewable. Scores and rankings are calculated automatically by the App. If you believe your score or ranking is wrong, you may ask us to have a person review it, as explained in our Privacy Policy.

6. Fair play and disqualification

Because prizes are decided by skill, cheating unfairly harms honest learners. We may disqualify an entry or a participant, remove them from a leaderboard, withhold or reclaim a prize, and suspend or close an account, if we reasonably believe a participant has:

• used bots, scripts, automation, exploits or any manipulation of quizzes, scores, streaks or leaderboards;
• created multiple or fake accounts, or worked with others to gain an unfair advantage;
• provided false information, or is not eligible under section 2; or
• otherwise breached these rules or our Terms of Use.

Where we can, we will tell the participant why and give them a chance to respond before a final decision, but we may act immediately to protect the integrity of the Competition. Our decision in matters of fairness and eligibility is final, subject to your rights under the law.

7. The prizes

For each Competition, we publish in the App, before or at the start of the leaderboard period:

• the number of winners and the ranking positions that win (for example, the top 10 on the leaderboard);
• what each winner receives a cash amount or a voucher, and its value; and
• the closing date and the date by which prizes will be awarded.

Prizes are prizes for learning. A prize is a reward for learning performance only. It is not interest, a yield, a return, earnings, guaranteed cash, a payout on money deposited, or any kind of investment, and Kleva does not take deposits or offer any financial product.

• Prizes are not transferable and cannot be exchanged for a different prize, except that we may substitute a prize of equal or greater value if the advertised prize becomes unavailable for reasons beyond our control.
• The number of prizes is fixed per Competition as published. Once all prizes for a Competition have been awarded, no further prizes are available for that Competition.

8. How winners are notified and paid

• Notification. We will notify winners after the leaderboard period closes, using the contact details linked to their Kleva account (for example by email or in-app notification) within 7 days of the close.
• Verification. Before paying a prize, we may ask a winner to confirm their identity, age, South African residence and eligibility, and to provide the banking or voucher-payout details we need. We do this to make sure the prize goes to the right, eligible person.
• Payment. Cash prizes are paid by us directly, for example by electronic funds transfer (EFT); vouchers are issued to the winner electronically. Prizes are paid by [insert timeframe, e.g. within 30 days] of the winner being verified. Prizes are paid by Kleva directly and are never paid through the app stores’ payment systems.
• If we cannot reach a winner. If a winner does not respond or provide valid payout details within [insert timeframe, e.g. 30 days] of being notified, or cannot be verified as eligible, we may forfeit that prize and, at our discretion, award it to the next eligible participant on the leaderboard.
• Acknowledgment. As the CPA requires, winners will be asked to acknowledge receipt of the prize in writing, including their identity number and the date they received it. Where a prize is sent electronically, we keep proof that it was sent to the details the winner gave us.

9. Tax on prizes

A cash or voucher prize may have tax consequences for the winner, and in some cases, we may be required by law to report or withhold amounts. Winners are responsible for their own tax position. If a prize is significant, we recommend the winner speaks to a registered tax practitioner. Kleva does not give tax advice.

10. Your personal information

To run the Competition and pay prizes, we process some personal information, as explained in our Privacy Policy. In particular:

• On public leaderboards, other users may see your chosen display name or alias, your rank and your score not your email, phone number or contact details.
• You may use a pseudonym on leaderboards, and you may ask to be left off public leaderboards entirely without losing access to the learning content though you will not appear in a ranked Competition if you are not on the leaderboard.
• If you win, we use your payout details only to pay your prize and to meet our record-keeping and tax duties.

We may announce winners’ first names and display names (not full contact details) in the App or our channels. If you would prefer, we did not, tell us and we will respect that where we reasonably can.

11. Fairness, independent oversight and records

To keep the Competition fair and to meet the CPA, we:

• Publish these rules. These rules are available free of charge in the App and on request, before and during each Competition.
• Arrange independent oversight. The conducting of the Competition and the selection of winners is overseen and certified by an independent person permitted by the CPA an independent accountant, registered auditor, attorney or advocate who reports on the validity of the winner selection.
• Keep records for at least three years. As the CPA and its Regulations require, we keep the required records including these rules, how and when the Competition was marketed, the winners and how they were selected, winners’ signed acknowledgments of receipt (with identity number and date) or proof of sending, and the required declarations — for at least three years after the Competition ends.

12. Changes, suspension and our liability

We may change these rules, or amend, pause, or end a Competition, where we reasonably need to — for example for technical, legal or fairness reasons. We will not do so in a way that unfairly deprives a participant of a prize they have already properly won, and we will publish any change in the App.

To the fullest extent allowed by law, and without limiting your rights under the CPA, we are not responsible for problems outside our reasonable control that affect a Competition such as network, device or technical failures or for any loss arising from taking part, other than actually awarding the prizes as published. Nothing in these rules excludes any liability that cannot lawfully be excluded.

13. App-store note

The Competition is run by Kleva, not by Apple or Google. Apple and Google are not sponsors of, and are not responsible for, the Competition. Where you downloaded the App from the Apple App Store or Google Play, the additional app-store terms in our Terms of Use also apply.

14. Governing law and disputes

These rules are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction, without affecting any protections you have under the CPA. If you have a concern about a Competition, please contact us first using the details in section 1 most issues can be resolved quickly. You also have the right to refer a complaint to the National Consumer Commission or the relevant consumer authority.