GENERAL SURVEY AND PROMOTIONAL COMPETITION – TERMS AND CONDITIONS (“RULES”)
Introduction
The Promoters are conducting a Survey. By completing the Survey, Participants will be entered into the Promotional Competition and stand a chance to win a Prize, subject to these Rules.
Interpretation
2.1 In these Rules, the following definitions apply (unless the context clearly indicates a contrary intention): 2.1.1 “CPA” means the Consumer Protection Act 68 of 2008, as amended;
2.1.2 “Participant” means an individual who completes the Survey, is entered into the Promotional Competition and meets the criteria set out in clause 4.1;
2.1.3 “Personal Information” means personal information as defined in POPI;
2.1.4 “POPI” means the Protection of Personal Information Act 4 of 2013, as amended;
2.1.5 “Promoters” means Ultimate Media and all other parties involved in the promotion e.g., media owner and client on whose behalf promotion is run];
2.1.6 “Promotional Competition” means the competition to which these Rules pertain as run by the Promoters during the Promotion Period;
2.1.7 “Promotion Period” means the period starting on [date], and closing on [date], at 23h59. No late entries will be accepted;
2.1.8 “Prize” means the Prize that Participants stand to win as further described in clause 6;
2.1.9 “Redeemable Period” means the period that the Winner(s) have to redeem their Prize being within 90 (ninety) days of the date specified in clause 7.2;
2.1.10 “Rules” means these terms and conditions, as required by section 36 of the CPA, a copy of which can be accessed at https://radiocompetitiontandc.co.za/;
2.1.11 “Survey” means the questionnaire completed by a Participant for purposes of qualifying for entry into the Promotional Competition;
2.1.12 ″Winner″ means a Participant who is successful in the Promotional Competition and is notified as such by the Promoters in terms of clause 7.
The Consumer Protection Act
3.1 These Rules contain certain terms and conditions which appear in a similar text style to this clause and which:
3.1.1 may limit the risk or liability of the Promoters, or any relevant third party; and/or
3.1.2 may create risk or liability for the Participant; and/or
3.1.3 may compel the Participant to indemnify the Promoters or a relevant third party; and/or
3.1.4 serve as an acknowledgement, by the Participant, of certain facts.
3.2 The Participant’s attention is specifically drawn to these terms and conditions, as they contain important provisions which should be carefully read and understood.
3.3 Nothing in these Rules is intended to limit, restrict, or exclude any rights or obligations conferred on either the Participant or the Promoters in terms of the CPA.
3.4 The Participant acknowledges that they have been afforded a reasonable opportunity to read and consider the Rules prior to completing the Survey, and that they understand and agree to be bound by them.
3.5 All Participants to the Survey and Promotional Competition participate entirely at their own risk.
The Participant
4.1 The Participant must be:
4.1.1 a natural person and may not be a juristic person;
4.1.2 18 (eighteen) years or older; and
4.1.3 a permanent resident or citizen of the Republic of South Africa.
4.2 No director, employee, agent or consultant of the Promotors, or their spouses, life partners, business partners or immediate family members, or the supplier of goods and services in connection with this Promotional Competition may participate in this Promotional Competition.
How to enter
5.1 A Participant who completes the Survey in full, will be automatically entered into the Promotional Competition.
5.2 The Promoters are not liable for the failure of any technical element relating to the Survey or Promotional Competition that may result in an entry not being successfully submitted.
5.3 The Promoters will not be held liable for any SMS charges, data charges, phone costs, or any other costs incurred by Participants, whether directly or indirectly, arising from or in connection with their participation in the Survey and/or Promotional Competition.
5.4 Entries which are incomplete, unclear, illegible or contain errors will be declared invalid. 5.5 Only 1 (one) entry per Participant will be considered.
The Prize
6.1 Participants stand a chance to win:
6.1.1 [description of prize]
6.2 Any Prize not taken up for any reason within the Redeemable Period will be forfeited. 6.3 Any Voucher not Redeemed within 12 (twelve months) will be forfeited.
The Winner
7.1 There will be a total of [number] Winners selected over the Promotion Period.
7.2 The Winner will be selected on [date] at [place, if applicable] by an audited random draw and will be notified telephonically within 90 (ninety) days of the selection having taken place.
7.3 Winners’ status is only final once qualifying criteria has been met.
7.4 The name of the Winner will be [announced on air by the Radio Station / published on ____]. In the event that a Winner cannot be successfully contacted following all reasonable attempts to do so the Promoters reserve the right to draw another Winner in substitution.
7.5 The Promotors will contact the Winner directly to facilitate the delivery of the Prize.
7.6 The Winner will be required to provide the following details to the Promotors:
7.6.1 full names;
7.6.2 proof of identity (copy of ID, passport or driver’s licence);
7.6.3 proof of bank account details and/or delivery address;
7.6.4 any other details required to facilitate delivery of the Prize.
7.7 The Winner will be required to sign an acknowledgement of receipt of the Prize.
7.8 A Prize may not be handed over to a Winner when it is prohibited by law for the Winner to use the Prize. The Winner must prove their eligibility to use the Prize.
7.9 The Promoter reserves the right to substitute the Prize with any other prize of similar commercial value to the Prize offered herein, at its sole discretion.
7.10 The Winner will be requested to take part in further publicity relating to the Promotional Competition. With the Winner’s permission, the Promoters may incorporate the Winner in publicity campaigns or allow their names and likenesses to be used for promotional purposes aligned with the Promoters’ business, including but not limited to posting photos to the Promoters’ website, Facebook and other social media pages. The Winner has a right to decline the request to participate as aforesaid.
7.11 Where Participants/Winners consent to take part in the Promoters’ publicity campaigns, they will not be entitled to any remuneration for such participation and all materials arising from such participation will be the sole property of the Promoters.
General
8.1 The Promoters reserve the right to amend these Rules by bringing it to the Participants’ attention within a reasonable period of time and may terminate the Survey and/or Promotional Competition at any time. In such event, where the Promotional Competition is terminated or suspended, all Participants agree to waive any rights that they may have in terms of the Promotional Competition and acknowledge that they have no recourse against the Promoters, their employees, agents, partners, suppliers, or sponsors.
8.2 In the event of a dispute, the decision of the Promoters will be final and binding and no correspondence will be entered into. The Promoters shall be entitled to deal with such disputes (or any failure by Participants to follow the Rules) in their sole discretion, including that the Promoters shall be entitled to immediately disqualify Participants from this Promotional Competition.
8.3 Prizes are not transferable for cash or any other prizes.
8.4 No Third-Party Accounts: Prize money will not be paid into a friend, family member, or business account.
8.5 These Rules are governed by South African law, and any related disputes shall fall within the jurisdiction of the South African courts.
8.6 The Promoters shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including force majeure events, and shall be relieved of its obligations for the duration of such event.
8.7 For further information or enquiries please email competitionprizes@ultimatemedia.co.za
Indemnification
9.1 The Participant expressly agrees to the following indemnifications:
9.1.1 the Participant indemnifies and holds harmless the Promoters and their promotional partners, employees, contractors and agents (“the Indemnified Parties”) of any and all liability pertaining to any damage, cost, injuries and losses of whatsoever nature and howsoever arising as a result of their participation in the Survey and/or Promotional Competition and related events and activities, including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any indemnified party;
9.1.2 the Participant accepts that the Indemnified Parties will not be responsible for any costs, damage or otherwise, howsoever incurred by the Winner providing the incorrect banking details or delivery address; and
9.1.3 the Participant accepts that the Indemnified Parties will not be responsible for any costs, damage or otherwise, howsoever incurred by the Winner subsequent to claiming the Prize.
Processing of personal information
10.1 Participants must provide correct and up-to-date personal information as required by the Promoters.
10.2 Personal information will be processed in accordance with POPI.
10.3 The Participants consent to the Promoters using the personal information collected through the Survey and Promotional Competition to:
10.3.1 conduct the Survey;
10.3.2 administer, manage and adjudicate the Promotional Competition;
10.3.3 verify the eligibility of Participants and Winners;
10.3.4 contact Participants and Winners;
10.3.5 award and deliver prizes;
10.3.6 comply with legal and regulatory obligations.
(“Permitted Purposes”)
10.4 The Participants consent to the Promoters sharing their personal information with its employees, contractors, or agents (“contracted third parties”) for the Permitted Purposes.
10.5 The Promotors’ contracted third parties may be located outside of the Republic of South Africa. Where the Promotors transfer Participants’ personal information outside of the Republic of South Africa, the Promotors undertake to comply with all applicable data protection legislation relating to the international transfer of personal information.
10.6 The Promotors will take appropriate reasonable technical and organisational measures to protect the integrity and security of Participants’ personal information. This includes taking reasonable steps to protect personal information under the Promotors’ control from misuse, loss, interference, unauthorised access, modification or unauthorised disclosure.
10.7 The Promotors will retain and archive Participants’ personal information for as long as is legally required. Where the Promotors no longer require the personal information, it will destroy or de identify the information, unless retention is required by law.
10.8 Participants have the right to object to the processing of their personal information and to access, correct, or request deletion of their personal information by sending an email to competitionprizes@ultimatemedia.co.za and may lodge a complaint with the Information Regulator of South Africa regarding the processing of their personal information.
10.9 Participants agree to be contacted to provide their consent to receive marketing communications from the Promotors:
10.9.1 If a Participant opts in, their personal information will be used to send them promotional material, special offers, and updates via email, SMS, or other electronic means.
10.9.2 A Participant may withdraw their consent at any time by using the unsubscribe instructions via the platform that they used to subscribe.
10.10 The responses provided by Participants in the Survey may be used by the Promoters for research, analysis, reporting, and related business purposes. Survey results may be disclosed in an aggregated and anonymised form, which will not identify individual Participants.