COMPETITION TERMS & CONDITIONS – NESCAFÉ RICOFFY TIN DESIGN COMPETITION 2022
1.1 Participation in this Competition is governed by these terms and conditions (the “Rules”).
1.2 You, as the participant, are encouraged to review the Rules before entering into the Competition and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these Rules.
1.3 This competition is operated by Nestlé South Africa (Pty) Limited (“Nestlé”) in conjunction with Boomtown (Pty) Ltd (the “Promoters”).
1.4 Your participation in the Competition constitutes acceptance of these Rules and you agree to abide by these Rules.
By participating in this Competition, Participants agree to the rules set out below.
2. This Competition is limited to legal residents and/or legal citizens of the Republic of South Africa. In addition, the following people shall not be eligible to participate in this Competition:
2.1 Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters.
2.2 Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.
2.3 People who are not legal residents and/or legal citizens of the Republic of South Africa.
2.4 Persons under the age of 18 years.
3. The Competition shall commence on 03 March 2022 and will end on 16 March 2022 (“Promotional Period”). No entries received after 16 March 2022 will be considered.
4. Competition Mechanics
To participate in this competition, participants are required to submit a design of the NESCAFÉ RICOFFY tin to email@example.com. Participants will find a link on the NESCAFÉ RICOFFY Facebook page with details about design of the tin as well as Open Files to download for the design of the Tin from the link https://www.dropbox.com/sh/odmk7rf1gi7pvvz/AAB2klyI1s0u9HQbJdE-RVvLa?dl=0
4.1 Participants must enter a valid Republic of South Africa identity number (ID number) or valid permanent residency permit number and this is key to all entries. No person can use another person’s identity/permit number for competition entry purposes. If it is discovered that participants have entered an identity/permit number that is not theirs, they will be disqualified, and the entrant will not be eligible for the prize.
5. The Prizes
5.1 Participants in this Competition stand a chance to Win:
One winner will win R10 000 (ten thousand Rand) in cash and have the opportunity of seeing their design featured in trade as a special edition NESCAFÉ RICOFFY tin.
6. Claiming your Prize
6.1 The Promoters will choose their favourite tin design from all the tin designs submitted, not more than 14 (fourteen) days after the end of the Competition.
6.2 A total of 1 (one) winner will be selected.
6.3 At the time that a potential prize winner is identified, the potential prize winner will receive a telephone call from a representative of the Promoters at which point he/she may be required to answer a few questions regarding his/her eligibility as well as be requested to submit certain documents such as a copy of his/her Republic of South Africa ID and/or driver’s license to the Promoter’s representative.
6.4 A potential prize winner is not an actual winner at the time of being contacted. Contact is made with a potential prize winner to ensure that the required receipt/s is available. Once the till slip has been supplied and validated, the mobile number of the potential winner is placed into a randomised draw process from which they could be selected as the final winner. The final winner may be required to submit additional documentation as determined by the Promoters. If a potential prize winner does not meet the eligibility requirements, the prize will be forfeited and a redraw will be executed subject to the terms and conditions herein. A potential prize winner will also have 48 hours to produce the relevant documentation before forfeiting the prize and a runner up chosen.
6.5 If the Promotors are unable to reach any of the potential prize winners after 3 (three) attempts made within 3 (three) working days of their mobile number being drawn, for whatsoever reason, including incorrect telephone numbers or inoperative telephone numbers or no answer, such a potential winner will be disqualified and a redraw will be executed.
7. Promotional Material and Marketing Activities
7.1 The Promoters may require the winners (at no fee) to be identified, photographed and the photograph or related article published in printed media, or to appear on radio and television, when accepting their prizes and/or after receiving their prize.
7.2 Should this become necessary, the winners may be required to sign a letter of consent and the Promoters shall have the right to use any photographs of any of the winners in perpetuity.
7.3 The winners have a right to decline the invitation to use their image in marketing material or to participate in any marketing activity.
8.1 The judges’ decision is final, and no correspondence will be entered into.
8.2 The Promoters may require the winner to complete and submit an information disclosure agreement to enable the Promoters to ensure compliance with these Rules.
8.3 Should the winner be found, in the Promoters sole discretion: not to be eligible to win; not to have complied with these Rules; their conduct can be reasonably interpreted as scamming; acted fraudulently with regards to the Competition; and if it would be unlawful to award the prize, he/she will automatically be disqualified and/or the prize will be forfeited. Winners may also be required to sign acceptance of prizes and indemnity documents.
8.4 The prize is not transferable, and no substitution or cash redemption of prizes is permitted. The prize will not be handed/awarded to a third party, but only to the verified prize winner.
8.5 The Promoters reserve the right, at their sole discretion, to substitute the prize with any other prize of comparable or greater commercial value for whatever reason.
8.6 Prize visuals on any competition and/or promotional materials are for illustrative purposes only.
8.7 By entering, a Participant acknowledges that personal information about the Participant will be shared with the Promoters and their agents to the extent necessary to conduct the Competition and for prizes to be delivered to prize winners.
8.8 In terms of the data protection laws and Nestlé’s Privacy Notice, Nestlé and/or the Promoters will have to process the following personal information receive directly from you and belonging to you: name; address; email; cell phone or telephone contact details; and certain preferences about you (where and if applicable). Your personal information will be shared on a need to know basis with certain third parties, for the purposes of giving effect to this Competition, including lawyers, advertising agencies, auditors, and/or regulators. Whilst we hold your personal information, we will keep it safe and secure until the purpose for holding it has come to an end, whereafter it will be destroyed, and you accept that by entering into this Competition that you agree that we may process your personal information as indicated above.
8.9 For more details on how we may deal with your personal information please see our standard Privacy Notice on our website - https://www.nestle-esar.com/info/yourdata. For any questions or clarifications regarding the processing of your personal information, you may contact us by emailing firstname.lastname@example.org or Dial + 27 86 009 6116.
8.11 Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall at all times be entitled to decline the above request. Participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of the Promoters.
8.12 Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 (the “Act”).
8.13 All Participants participate entirely at their own risk. By reading and accepting these Rules, the Participants give consent to these risks and hereby indemnifies and holds harmless the Promoters, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Promoters.
8.14 The Promoters, their directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participants, or accept any liability for: (a) any inability by the Participant to use the prize in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize.
8.15 The Promoters, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than the Promoters themselves.
8.16 The Promoters reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Competition and acknowledge that they will have no recourse against the Promoters, their advertising agencies, advisors, suppliers and nominated agents.
8.17 By entering the Competition, Participants acknowledge that the Competition will be managed in accordance with the provisions of the CPA. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize.
8.18 Notwithstanding anything to the contrary contained in these Rules, the Promoters reserve the right to amend, modify, change, postpone suspend or cancel this Competition, the Rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which the Promoters deem necessary. At the end of the Competition for whatsoever reason, all of the Promoters’ obligations in regard to the Competition as well as in regard to the prizes shall cease to exist.
8.19 It is a condition of participating in the Competition that the Participant warrants that their tin design is original and does not infringe the intellectual property of any third parties. The Participant assigns all rights, title and interest in their tin design to Nestlé without compensation. The Participant further agrees not to object to Nestlé’s use of the tin design. Nestlé may, if required request that a Participant complete any documentation necessary to give effect to this assignment of right, title and interest of the tin design to Nestlé.
8.20 Nestlé reserves the right at its own discretion without having to give reasons for this to immediately remove any tin design or disqualify a Participant if his/her tin design or any aspect thereof is alleged to be an infringement of any 3rd party’s rights, including intellectual property rights such as copyright, patents, designs, trademarks, confidential information, etc. If this happens, Nestlé will not be legally responsible to any person and the winner will forfeit the prize or the remaining value thereof. Nestlé does not have to investigate the validity of such 3rd parties’ complaints before exercising these rights.
8.21 The Participant agrees to hold Nestlé harmless against any claims by parties that his/her tin design or any aspect thereof infringes their rights in any way. This means that if Nestlé is sued, the Participant will, at Nestlé’s discretion, defend Nestlé against such claims and/or pay back any legal costs or expenses, or amounts Nestlé paid or must pay in damages to any person or to settle any claim, back to Nestlé. Legal costs and expenses will be calculated on an attorney and own client scale. It will be the Participant’s sole responsibility to conduct, at his/her cost and prior to submitting his/her entry for the Competition, all the necessary checks to determine whether his/her Submission or any aspect thereof infringes any third party’s rights.
8.22 These Rules shall be governed by and interpreted according to the laws of the Republic of South Africa and any Participant and Nestlé consent to the non-exclusive jurisdiction of the High Court of South Africa.
8.23 For further information or enquiries please email our consumer services at email@example.com or call us on +27 86 009 6116/+27 11 514 6116.