General Terms and Conditions: Competitions

• Competitions

1. This constitutes the general terms and conditions (“Terms and Conditions”) for all competitions (or individually referred to as “the Competition”) conducted by us.
2. These Terms and Conditions must be read together with the specific competition rules (“Competition Rules”) set out below and as may be applicable from time to time in respect of a specific competition. Any reference to “us” or “we”, etc. in the aforesaid, includes a reference to our affiliates as defined below.
3. In the event of a conflict between the Competition Rules and these Terms and Conditions, and only to the extent that there is a conflict, the provisions of the Competition Rules will prevail.
4. The mere act of your entry into the Competition and/or your acceptance of a prize (in the event that you win a prize, which is naturally not guaranteed) constitutes your binding acceptance of these Terms and Conditions and the Competition Rules.
5. The Competition is only open to South African permanent residents who are over the age of 18 (eighteen).
6. The Competition is not open to directors, shareholders, partners, agents, employees, representatives or consultants of ours, or of our affiliates (which include but are not limited to our partners, and distributors of channels, co promoters, sponsors of this Competition, our subsidiaries, and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and their directors, officers, employees, agents, representatives or consultants) or any supplier of goods or services in connection with the Competition; or the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the aforesaid persons specified herein.
7. You may not participate in the Competition if you have won any competition offered and/or promoted by or associated with us within the past 12 (twelve) months. You will only be eligible to participate in a competition offered and/or promoted by or associated with us after the expiry of 12 (twelve) months, calculated from the date on which you were advised by us that you won the aforesaid competition.
8. If you use a mobile phone for entry into the Competition, the data or airtime costs will be charged at the prevailing rates, which may vary from time to time. “Free” minutes under a cell-phone contract do not apply.
9. You warrant that it is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date. You must advise us immediately should any information provided by you change.
10. It is your responsibility to ensure that your entry is received by us prior to the closure date of the Competition. Any entries which are not received by us prior to the closure date of the Competition will not be eligible to participate, regardless of the reason for the late entry, and will be automatically disregarded by us.
11. We will not consider any entries for the Competition which are not received by us, in the exact format stipulated in the Competition Rules, whether timeously or at all, regardless of the cause thereof. Without limitation, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems.
12. We are not responsible for any injury or damage to your or any other person’s property including but not limited to, computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the Competition.
13. Any and all costs or expenses which you may incur in entering the Competition are for your own account. We are not responsible or liable for any costs or expenses which you may incur during and for purposes of your entry into the Competition and/or in respect of your acceptance, collection and/or use of a prize.
14. We do not make any representations or give any warranties, whether expressly or implied, in relation to a prize, and in particular, but without limitation, we make no representations and give no warranty that: your entry or participation in the Competition will necessarily result in you winning a prize; a prize, or any aspect thereof, will meet your requirements, preferences, standards or expectations; or a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable. We are not responsible for inaccurate prize details supplied.
15. We will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.
16. Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item. The prize is as determined by us and no cash or other alternatives will be offered or supplied.
17. You accept that you may not win / receive a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it in such case.
18. You must possess, and furnish us on request with, all and any documents and permissions that may be required in order to accept and use a prize, which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities.
19. Our decision in respect of all and any matters relating to the Competition is final and no correspondence or debate at all will be entered into. Reasons need not be furnished by us in respect of any decisions made by us.
20. We will use reasonable efforts to contact the winner of the Competition telephonically, by calling the number that was used to enter the competition. If we are unable to contact a winner after reasonable efforts to do so, then that person’s right to be entered into the Competition will be deemed to have been waived, and we will then elect a new winner.
21. The names of the entrants and/or winner may be announced on social media and on any of our communication platforms.
22. We may use films, photographs and/or recordings submitted by you as well as your name, likeness, image, voice and participation input content and details.
23. You agree that the aforesaid films, photographs and/or recordings may be edited and otherwise altered and/or arranged at our sole discretion and used by us (or our authorised partners) in whole or in part for any and all broadcasting, non-broadcasting, marketing, audio/visual, and/or exhibition purposes in any manner or media, in perpetuity, throughout the world.
24. You acknowledge and agree that no payment and/or consideration of any amount and of any kind, including disbursements, save if you win the stipulated prize, is due to you, in respect of the aforesaid and what is contained herein.
25. You acknowledge and agree that you will have no claim of any kind, whenever and howsoever arising (including but not limited to claims based on alleged invasion of privacy, rights of publicity and any other rights), in respect of the aforesaid and what is contained herein.
26. You indemnify, hold harmless and release us from liability any liability, whenever and howsoever arising, in respect of the aforesaid and what is contained herein.
27. We need not inform you regarding the use of your film, photography or recording for any purposes whatsoever.
28. We may, but need not, invite you to be present when the prize winners are determined or announced, to participate in any of our marketing activities, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of our goods or services, for which no fee, royalty or other compensation will be payable.
29. In the event that you win a prize provided by a third party supplier, the third party supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the third party supplier of the prize. All correspondence regarding same must be addressed to the third party supplier of the prize. We will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize by a third party supplier.
30. We, and our third party suppliers, if applicable, reserve the right to vary, postpone, suspend, or cancel the Competition and/or the awarding of any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this Competition and acknowledge that you will have no recourse against us, or third party suppliers, if applicable.
31. You agree that your participation in the Competition, and your acceptance and/or use of a prize, or any aspect thereof, is entirely at your own risk.
32. You acknowledge that the acceptance and use of a prize is subject to the provision that all of the Terms and Conditions and all information relating to the Competition, including information on our website and any other promotional material will apply to you, and you agree to be bound and comply, and will continue to comply, therewith; you indemnify and hold us harmless against any claim by you and/or any third party in the event that you and/or they suffer any loss or damage pursuant to your acceptance and/or use of a prize.
33. If you, at any time, fail to comply with any of the Terms and Conditions, then without prejudice to any other remedy which we may have, you will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize you will immediately return same to us, at your cost); you will pay us for any loss or damage incurred by us directly or indirectly as a result of your non-compliance, including all of our legal costs (including attorney and client costs) which we may incur in taking any steps pursuant to your non-compliance; and you indemnify and hold us harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure to comply therewith.
34. These Terms and Conditions are governed in accordance with the laws of the Republic of South Africa.
35. We reserve the right to amend these Terms and Conditions and the Competition Rules from time to time, and the latest version thereof applicable at the time will apply.
36. You acknowledge and agree that each phrase, sentence, paragraph and provision hereof is severable, the one from the other, and if in terms of any judgment or order such phrase, sentence, paragraph or provision is found to be defective or unenforceable for any reason, the remaining phrases, sentences, paragraphs and provisions shall nevertheless be and continue to be of full force and effect.
37. These Terms and Conditions and the Competition Rules are binding on me and upon my estate, executor, administrator, curator, legal representative or assign, as the case may be.