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Official Rules of the Action "The Spring is Near, the Gifts are Here"

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Official Rules of the Action "The Spring is Near, the Gifts are Here"

Official Rules for Electing the participants entitled to obtain the prizes under “The Spring is Near, the Gifts are Here” Offer from the number of new subscribers connected under the Super MTS Energy tariff including all its modifications (Super MTS Energy, Super MTS Energy 2010 and Super MTS Energy Spring) and the Super MTS Without Account Recharge tariff, which will be taking place during the effective period of the spring campaign from February 1, 2010 to May 14, 2010 (hereinafter the “Offer”).

The purpose of the Offer: The Offer is conducted with the purpose to increase the number of connections under the MTS tariffs from PrJSC “MTS Ukraine” during the period of the spring campaign and intended to stimulate the loyalty towards PrJSC “MTS Ukraine” under the trade mark “MTS” among the attracted subscribers in the future.

The Customer of the Offer is represented by Private Joint Stock Company “MTS Ukraine” acting under the MTS trade mark for goods and services (hereinafter the “Customer of the Offer”).

The Organizer and Contractor of the Offer is represented by Limited Liability Company “ART-BTL” (hereinafter the “Organizer”).

The Logic: During the period of the spring campaign which will be taking place from February 1, 2010 to May 14, 2010 all subscribers who connected within the specified period to the Super MTS Without Account Recharge tariff or the Super MTS Energy tariff including all its modifications (Super MTS Energy, Super MTS Energy 2010 and Super MTS Energy Spring) or migrated to the Super MTS Energy Spring tariff (in this case subject to activation of a SIM card within February 1, 2010 to May 14, 2010) become the participants in the Offer and are provided with the opportunity to obtain the prizes under the Offer.

1. PARTICIPANTS IN THE OFFER

1.1. All capable Ukrainian nationals aged 18 who have complied with the terms and conditions hereof and connected to the Super MTS Without Account Recharge tariff or the Super MTS Energy tariff including all its modifications (Super MTS Energy, Super MTS Energy 2010 and Super MTS Energy Spring) or migrated to the Super MTS Energy Spring tariff (in this case subject to activation of a SIM card within February 1, 2010 to May 14, 2010) during the period of the Offer (within February 1, 2010 to May 14, 2010) shall be qualified to take part in the Offer (hereinafter the “Participants”).

1.2. At the moment of conducting of the Offer the Participant must be 18 years of age.

1.3. The following persons may not take part in the Offer:

A Participant who at the moment of conducting of the Offer has not completed 18 years of age;
Subscribers of other tariffs except for the Super MTS Energy tariff (all the above mentioned modifications of this tariff) and the Super MTS Without Account Recharge tariff;
Employees and family members of the Customer and Organizer of the Offer as well as persons whose phone numbers belong to the office and test MTS SIM cards;
Persons who have not complied with the terms and conditions of the Offer as envisaged by clause 1.1 hereof.

2. EFFECTIVE PERIOD OF THE OFFER

2.1. The Offer begins at 00:00 on February 1, 2010 and ends at 23:59 on May 14, 2010 (inclusive).

2.2. Election of the persons qualified to get the prizes under the Offer (hereinafter the “Election”) shall be carried out during the above specified period and on the particular days:

1st Election to take place on February 12, 2010;

2nd Election to take place on March 5, 2010;

3rd Election to take place on March 26, 2010;

4th Election to take place on April 16, 2010;

5th Election to take place on May 14, 2010.

2.4. The territory of the Offer shall be the territory of Ukraine.

3. TERMS AND CONDITIONS OF PARTICIPATION IN THE OFFER

3.1. In order to become the Participant in the Offer it is necessary to connect during the period of the Offer from February 1, 2010 to May 14, 2010 to the Super MTS Without Account Recharge tariff or the Super MTS Energy tariff including all its modifications (Super MTS Energy, Super MTS Energy 2010 and Super MTS Energy Spring) or migrate to the Super MTS Energy Spring tariff (in this case subject to activation of a SIM card within February 1, 2010 to May 14, 2010).

3.2. Those Participants who have complied with the terms and conditions of the Offer as envisaged by clause 3.1 hereof shall be provided with the opportunity to take part in the Offer and get the prizes (specified in clause 4.1 hereof) by way of participating in the quiz (hereinafter the “Quiz”) in accordance with the conditions set forth in Article 5 of these Rules.

3.3. By taking part in the Offer the Participants confirm that they agree with the terms and conditions hereof including those under which they will have to provide the Contractor with all the documents required for getting the prize (such as copies of the passport and ID code) as well as express their consent toward possible mentioning of their first and last names in mass media means in relation to this Offer and further agree that they will not demand any fee or compensation in connection therewith.

4. PRIZES AWARDED UNDER THE OFFER

4.1. The prizes that will be awarded within the frames of the Offer are the following:

4.1.1. 15 Samsung Notebooks R518 (NP-R518-DA02UA) (the 1st level prize);

4.1.2. 45 mp3 Players Apple iPod nano 5Gen 8Gb blue (the 2nd level prize);

4.1.3. 500 Mobile Terminals Alсatel OT 303 Cherry Red and 500 Starting Packages Blister 10 (the 3rd level prize).

One prize for one Offer Participant who has complied with the terms and conditions of the Offer and thus become entitled to get the prize.

4.2. Election of persons entitled to get the prizes under the Offer shall be carried out on the following days:

1st Election to be carried out on February 12, 2010;

2nd Election to be carried out on March 5, 2010;

3rd Election to be carried out on March 26, 2010;

4th Election to be carried out on April 16, 2010;

5th Election to be carried out on May 14, 2010.

The prizes shall be allocated on a pro rata basis throughout the entire period of conducting of the Elections, in particular: 100 Mobile Terminals Alсatel OT 303, 3 Notebooks (Samsung R518 (NP-R518-DA02UA), 9 mp3 Players Apple iPod nano 5Gen 8Gb blue per each Election.

4.3. The list and number of prizes may be subject to change during the period of the Offer in the Customer’s absolute discretion.

4.4. The number of prizes is limited.

5. ELECTION OF PERSONS ENTITLED TO GET THE PRIZES UNDER THE OFFER

5.1 Three (3) days prior to the date of conducting of the Elections (pursuant to clause 4.2 hereof) aimed at nominating the persons qualified to get the prizes under the Offer the Customer’s representatives shall generate the List of Phone Numbers (MSISDN) of those subscribers who have complied with the terms and conditions (as per clause 3.1) of these Rules and then submit this List to the representative of the Organizer.

5.2 The Organizer’s employee shall within three (3) business days after the receipt of the List of Phone Numbers of the subscribers make at least three (3) attempts to get in touch with the persons qualified to get the prize selected by the Organizer by the phone numbers of the Offer Participants from the List. In case of failure to get in touch with the Offer Participant after three (3) attempts the Organizer’s employee shall make attempts to get in touch with the next Offer Participant from the List of Phone Numbers of the subscribers qualified to get the prizes under these Rules.

5.2.1 The procedure of getting in touch with the Offer Participants qualified to get the prizes is discretionary.

5.3 The persons entitled to get the prizes under the Offer shall be determined in the course of conducting the Quiz.

5.3.1. After connecting with a subscriber who is the Participant in the Offer (pursuant to clause 5.2 of the Rules) the Organizer’s Employee offers him/her to take part in the 1st level of the Quiz: to answer one (1) question to which three (3) reply options are provided (hereinafter the “1st Quiz Level”). Providing a subscriber who is the Participant in the Offer gives the correct answer to the question of the 1st Quiz Level, he/she gets the prize – Notebook Samsung R518 (NP-R518-DA02UA) (the 1st Level Prize) and does not take part in the subsequent levels of the Quiz.

5.3.2. In case of the incorrect answer to the question of the 1st Quiz Level the Organizer’s Employee offers a subscriber who is the Participant in the Offer to take part in the 2nd level of the Quiz: to answer one (1) question to which three (3) reply options are provided (hereinafter the “2nd Quiz Level”). By giving the correct answer to the question of the 2nd Quiz Level a subscriber being the Participant in the Offer gets the prize - mp3 Player Apple iPod nano 5Gen 8Gb blue (the 2nd Level Prize) and does not take part in the subsequent levels of the Quiz.

5.3.3. In case of the incorrect answer to the question of the 2nd Quiz Level the Organizer’s Employee offers a subscriber being the Participant in the Offer to take part in the 3rd Level of the Quiz: to answer one (1) question to which three (3) reply options are provided (hereinafter the 3rd Quiz Level). By giving the correct answer to the question of the 3rd Quiz Level a subscriber being the Participant in the Offer gets the prize – Mobile Terminal Alcatel OT 303 Cherry Red and 500 Starting Package Blister 10 (the 3rd Level Prize).

5.3.4. In case of the incorrect answer to the question of the 3rd Quiz Level a subscriber being the Participant in the Offer does not get any of the gifts granted under the Offer.

5.3.5. In the event that the gifts of the 1st or 2nd Levels are over the Organizer’s Employee may begin the Quiz from the 2nd or 3rd Level, respectively, depending on availability of the prizes.

5.4 The Organizer’s representative shall inform the persons that became entitled to get the prize under the Offer of the possibility, place, time and conditions of getting the prize.

5.5 The person that became entitled to get the prize shall stay in touch on the mobile phone number that participated in the Offer.

5.6 In case of non-compliance with the conditions (pursuant to clause 5.5 hereof) of the Offer the Offer Participant shall be divested of the opportunity to get the prize and the respective prize shall not be granted at all or offered to another Participant from the List of Phone Numbers of the subscribers that complied with the terms and conditions (pursuant to clause 3.1) of these Rules, subject to the Customer’s absolute discretion.

5.7 The Participants in the Offer who became entitled to get the prize shall not take part in the subsequent elections of the nominees for obtaining the prizes. After electing the persons entitled to get the prizes under the Offer the Organizer of the Offer shall provide the Customer with their phone numbers (MSISDN) in order to remove such numbers from the list of the Participants who will continue participating in the following elections.

5.8 The Participants who have not become entitled to get the prize under the Offer shall continue participating in the subsequent elections.

6. AWARDING THE PRIZES

6.1. In order to get the prize the Participant shall demonstrate an active SIM card with the number that was selected during the procedure of electing the owners of the prizes and such SIM card must be with positive account balance.

6.2. The persons entitled to get the prizes under the Offer shall submit not later than May 22, 2010 the following information and copies of the documents to the address specified to them for this purpose: first, last and patronymic names, passport details (cope of the passport), Identification Code (copy of the respective certificate). Should the above specified data be not provided in full, such Participant in the Offer shall be divested of the right to get the prize.

6.3. MTS Prepaid subscribers shall submit to the Organizer the active SIM card with the number that participated in the Offer and such SIM card shall have the positive account balance.

6.4. After the Offer Participant entitled to get the prize has sent all the requested copies of the documents to the address specified for this purpose, the Organizer’s representative shall agree with such Offer Participant place, date and time of a meeting in order to award the prize but in any case not later than on May 27, 2010.

6.5. PrJSC «t;MTS Ukraine»t; shall not bear any responsibility for inability of the Offer Participant to get or use the prize in connection with absence of the required documents and / or active SIM on the part of the latter.

6.6. PrJSC «t;MTS Ukraine»t; shall not bear any responsibility for failure to deliver a call to the number of the Offer Participant who is qualified to get the prize (pursuant to Article 5 hereof) and, in this connection, for non-obtaining by such Offer Participant of the right to get the prize under the Offer.

6.7. Those Offer Participants whose phone numbers at the moment of awarding the prize are declared as lost / stolen or deactivated, as well as those whose phone numbers are temporary or permanently disconnected shall be divested of the right to get the prize under the Offer.

6.8. The Offer Participants entitled to get the prize may not receive the equivalent of such prize in monetary form.

6.9. Taxation of all prizes shall be carried out in compliance with effective legislation. Responsibility for due observance of and compliance with the procedure of taxation shall be borne by the Organizer of the Offer.

7. ADDITIONAL CONDITIONS

7.1 The Organizer and the Customer may not be held responsible for the authenticity of the contact information provided by the Offer Participants.

7.2. In case of provision of unauthentic / incomplete information or refusal of the Offer Participant entitled to the prize from such prize the Organizer and the Customer of the Offer shall in their absolute discretion decide whether not to award the respective prize at all or elect additional winners of the Offer from the List of subscribers being the Offer Participants in accordance with these Rules.

7.3. The Customer of the Offer may in its absolute discretion modify the terms and conditions; change the prizes and effective term of the Offer during the entire period of the Offer as well as suspend or terminate the Offer.

7.4. By participating in the Offer all the Participants acknowledge that they fully agree with these Rules and are bound to comply with them.

7.5. In case of any situation involving ambiguous interpretation of these Rules, or any disputable questions and/or matters not regulated herein, the final decision shall be made by the Customer of the Offer. The decision of the Customer shall be definitive and may not be contested.

7.6. Participation in the Offer shall mean that the Offer Participant gives his / her consent to possible publication of the information about himself / herself (first and last names) in mass media means (as well as on the Internet). The Offer Participants hereby agree that their data may be entered by the Customer to the database and may be further used by it without any time limitations, including with the advertising purpose or for sending information, leaflets etc. By participating in the Offer all the Participants consent to making photo or video production with their participation as well as agree that their names and photos may be made public or used by the Customer in any printed, audio and video materials or mass media means (as well as on the Internet), including with the advertising purpose, without any compensation on the part of the Customer.

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