Stand a chance to win a R10 000 spaza make over with Twizza!
TERMS AND CONDITIONS
1. Please read these competition terms and conditions (“Terms”) carefully. These Terms apply to all persons entering the ‘Stand a chance to win a R10,000 spaza make over with Twizza!’ promotional competition (the “Competition”).
2. If you do not agree to be bound to any or all of these Competition Terms contained herein, please do not enter the Competition. Instructions on how to enter this Competition and all prizes form part of these Terms. If you take part in this Competition, you agree to be bound by these Terms and accept that Twizza (Pty) Limited (the “Promoter”) decision is final and shall be made in the sole, absolute and unfettered discretion of the Promoters and no correspondence will be entered into. Prizes are not transferable or exchangeable in any form and in particular cannot be exchanged for cash. Entry implies acceptance of these Terms.
3. In the Competition Terms, unless the context clearly indicates a contrary intention, the following words will have the following meanings and cognate expressions will have corresponding meanings:
3.1 “the Act” means the Consumer Protection Act 68 of 2008;
3.2 “Business Day” means a day other than a Saturday or a Sunday or a day which from time to time is a proclaimed public holiday in the Republic of South Africa;
3.3 “Competition” means the competition to which these rules pertain as run by the Promoter during the Promotion Period;
3.4 “Competition Rules” means the rules contained herein, as required by Section 36 of the Act;
3.5 “Disqualified Persons” means as further described in clause 11;
3.6 “Participant” means any natural person who qualifies in terms of clause 8 hereof and who enters into the Competition in terms of clauses 16 – 17 hereof;
3.7 “Participating Products” means as further described in clause 16.1;
3.8 “POPI” means the Protection of Personal Information Act, No 4 of 2013;
3.9 “Promoter” means Twizza (Pty) Ltd;
3.10 “Prize” means as further described in clause 23;
3.11 “Winner” means the Participant who is successful in the Competition and is notified as such by the Promoter in terms of clauses 28 & 32.
4. The Promoter is offering a Promotional Competition in terms of which the Participants can enter the Competition in order to win prizes.
5. The Promoter hereby imposes Competition Rules in terms of Section 36 of the Consumer Protection Act. The Competition Rules contain certain terms which may:-
5.1 limit the risk or liability of the Promoter, or any relevant third party; and/or
5.2 create risk or liability for the Participant; and/or
5.3 compel the Participant to indemnify the Promoter or a relevant third party; and/or
5.4 serve as an acknowledgement, by the Participant, of certain facts.
6. All Participants are advised that the Promoters are required to retain certain information (where applicable) of Participants, and winners for a period of 3 (three) years (“Personal Information”). Such Personal Information to be retained by the Promoter includes (but is not limited to) the full names, identity numbers, contact details and winners’ acknowledgement of prize receipts. Accordingly, the Promoters will require the winners to complete and submit an information disclosure agreement and indemnification to enable the Promoters to ensure compliance with these rules, as well as with the Act. Should any, Participant and/or winner refuse or be unable to comply with this rule for any reason, such Participant and/or winner will be deemed to have rejected the Prize(s) and it shall revert back to the Promoters.
7. Participants must provide correct and up-to-date personal details as required by the Promoter with each referral sent to the Promoter and allow the Promoter to process such information in terms of POPI.
8. The Competition is open to all citizens and legal residents of South Africa (provided that the participant is also a legal resident in South Africa at the time of winning and receiving any prize herein) who at the time of entering the Competition are over the age of 18 (eighteen) years, and are in possession of a valid South African Identity Document (in the case of residents, a valid passport and necessary residency permission).
9. The Participant, by entering into the Competition, expressly acknowledges that he/she has been given an appropriate opportunity to first read the Competition Rules before entering the Competition and that he/she understands and thereby agrees to the Competition Rules.
10. It is a material term of the Competition that all Participants’ to this Competition participate entirely at their own risk.
11. Persons that are excluded from entering the promotional competition is: all juristic persons, computer-based or automated entries, any person who is a director, member, partner, employee or agent of, or consultant (“Associates”) of the Promoter and, or any other person who directly or indirectly controls, is employed by or is controlled by Promoters, and/or immediate family members of Associates, who are indirectly or directly connected to or employed by any party in the aforementioned capacities or relationships, their advertising agencies, manufacturers, distributors or bottlers of beverages/products identified by the trade marks owned by or licensed to Twizza and its affiliates (“Disqualified Persons”).
12. The Participant must inform their employer of his/her participation in the Competition and must obtain consent to participate, if this is required, the Promoter accepts no responsibility in this regard should the Participant have failed to obtain the necessary consent, resulting in their inability to redeem the Prize.
13. By participating in the Competition, the Participants hereby accept that the Winners may be asked to take part in further publicity relating to the Competition, the Promoter may incorporate the Winner in publicity campaigns or allow their names and likenesses to be used for promotional purposes aligned with the Promoter’s business.
14. The Participant by part taking in the Competition consents to his/her personal information to be shared with the Promoter’s employees, contractors or agents for the purpose of this Competition and for the purpose of sharing future promotions.
15. The Competition will run from 16 September 2020 at 00:01 and will end on 16 November 2020 at 00:00, while stocks last (“Competition Duration” or “Promotional Period”).
HOW TO ENTER & ENTRY MECHANIC
16. To stand a chance of winning a spaza makeover to the value of R10 000 (the winner can choose from the list of prizes below to the value of R10 000), Participants must purchase any 5 cases of 2L (two litre) Twizza products during the Promotional Period to enter the Competition
CONDITION: All other Twizza Products not listed here, regardless of the promotional label appearing thereon, will not qualify as Participating Products for the purposes of this competition.
17. Participants must fill in the Twizza entry form provided at the store and enter the Twizza entry form into the Twizza entry box during the Promotional Period to qualify for 1 (one) entry, or multiple entries in accordance with clause 23, into the Competition, provided that the Participant purchases 5 additional/ new cases of the Participating Product each and every time they enter the Competition.
18. Participants must keep their receipt to validate their purchase should they win. If a receipt can not be produced as proof, they will forfeit the prize and a new winner will be chosen.
19. Invalid Entries: Entries which are incomplete, unclear, illegible, submitted via an incorrect entry mechanism, submitted after the last day of entry or contain errors or false information, or are from Disqualified Persons will be declared invalid. The Promoters may refuse to award the prize if the Terms have not been adhered to or if the Promoters detect any irregularities or fraudulent practices.
20. Participants must obtain, at their own expense all equipment and services that are necessary to gain access to take part in this Competition.
21. When the above steps (in clauses 16 – 18 above) are actioned correctly participants will stand a chance to win the prizes from the below list that add up to R10 000:
Prizes chosen must add up to R10 000 – below are the values of the prizes for this competition.
|Single door Twizza fridge||10,000|
|Flat screen TV (winner must have a TV license and valid South African ID)||6,000|
|Generator (excluding fuel)||7,500|
|Twizza branded gazebo||4,500|
|Twizza branded umbrella||2,000|
|A frame board||1,550|
|Branded outdoor chairs (each)||450|
|Yoco device (portable card machine)||800|
|Twizza stock to the value of R500||500|
21.1 Twizza has the right to change the prizes as long as the cumulative value adds up to R10 000
21.2 If the flatscreen TV is chosen by the winner, a valid SA ID and TV license is needed to claim the prize
21.3 The winner can choose from the prizes listed above to the value of R10 000 and under but not over R10 000
22. Participants may enter the competition as many times as they wish over the promotional period, provided that participants purchase the participating products each time and complete the competition entry.
23. The winners will be drawn from 1 December 2020.
24. Prizes will be distributed from the end of January 2021.
AWARDING OF PRIZES
25. A winner will be randomly selected from each Twizza entry box – there will be one entry box only in each participating store
26. The Promoter reserves the right to withdraw the prize and/or disqualify any participant/winner that may bring the Promoter brands into disrepute.
27. No substitution or cash redemption of non-cash prizes is permitted. Prizes are not transferable.
28. The potential winners will be contacted by the Promoter or appointed agent on the mobile number used to submit the winning entry into the Competition and will conduct an audit/verification process of the selected winning entry.
29. Upon receiving a phone call from the Promoter or appointed agent to announce that they are a potential winner, the Participant will be required to provide their identity document and proof of residency, and will be requested to provide their original unique till slip for their purchase, dated and timed within the promotional period, as proof of purchase for the qualifying product; or such alternative proof of purchase as may be acceptable to the Promoters at the Promoters’ sole and absolute discretion. Should the winner not be able to provide a scan or photograph of their identity document and/or original unique slip(s) to the Promoter on request, they will be disqualified. The slip(s) is not to be written on or tampered with in anyway. Validation of supporting documents and till slips by the promoter may take up to 10 business days.
30. Once the verification process is completed successfully, possible winners/participants will be declared as winners and notified as such on the mobile number used to submit the selected entry into the Competition.
31. Should the winner not be contactable telephonically within 48 hours, the prize will be transferred to the next randomly selected entry.
32. The prizes will be delivered to the shop address on the Twizza entry form. Prizes will be distributed from the end of January 2021
33. The promoter is not responsible for any undelivered prize due to any incorrect details being provided by the winner with regards to their delivery address. The promoter will not be responsible for any lost, stolen or damaged prizes once the prize has been signed for.
34. Winners may be directed by the Promoters on any further steps which they must take to redeem the prize(s) and must do all that is necessary to redeem the prize(s).
35. The Promoter will not be responsible for any other expenses which the winner may incur as a result of their acceptance and/or use of the Prize(s), whether foreseen or not.
36. The Promoter reserves the right to carry out reasonable due diligence to confirm eligibility.
37. A Prize may not be awarded to a winner when it is prohibited by law for the winner to use the prize. The Promoter may refuse to award the prize to a participant if there is suspicion of any irregularities or fraudulent activities.
38. The Promoters are not liable for any defect in the Prizes.
IMAGE RIGHTS AND MEDIA
39. The Promoters may request the winners’ names be published on Promoters’ social media sites, websites and/or in print media, or to appear on radio and/or television, and accordingly by participating in this Competition, all Participants are deemed to have read and understood the terms and conditions of the social media sites of Facebook, Twitter, Instagram, Promoters’ websites, and of Participants’ mobile network service provider, where applicable, and Participants further allow the Promoter permission to publish his/her name and photograph on the Promoters’ social media pages, websites and/or in print media.
40. The winners’ may be required to appear on any form of media and/or social media, for which no fee will be payable, and subject to the provision that the winner may at any time prior to such marketing appearance, decline the request by the Promoters to do so.
41. The copyright, intellectual property rights, image rights and any other rights vesting in any competition footage, posts and photographs (whether depicting the winner or not) shall remain the property of the Promoters, who reserves the right to use it in any way.
42. The Participants consent, by taking part in the competition to the Promoter using the personal information/ data collected through the competition to adjudicate the competition and for future marketing purposes by the Promoter themselves, and that such use may include transfers to the Promoter’s affiliates and third party service providers in any country.
43. Participants provide their information voluntarily to the Promoters and are required to take note of the following:
43.1 Participants may not misuse the social media platforms, or the Twizza brand/s or Competition in any way. This includes posting content for commercial purposes or distributing spam or malicious code or using the site to collect the personal data or content of other users or direct visitors to other sites or pages.
43.2 Posts must not contain any content that is normally prohibited on the relevant social media platforms such as explicit or offensive content.
43.3 The Promoters have the absolute discretion to decide if Participants actions constitute any of the actions prohibited in terms of these Rules and to end their participation in the Competition immediately and take appropriate legal action. The Promoter may also immediately remove any posts that they reasonably believe constitute any prohibited content without notice to the Participant.
43.4 The Promoters are not responsible for the social media platforms. The Promoters cannot control how they operate, when or if they are available, or what content they carry. Even though the Promoter markets and/or advertises the Competition on the site/platform, the Promoter does not endorse the third party, its site, its products, or services or any content on the site/platform. Participants use the site at their own risk. Participants must take all necessary measures to protect themselves and any minors, from risks, such as viruses and other destructive code. This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other Social Network.
43.5 The Promoters can put in place such technical or other remedies it considers appropriate to prevent abuse, or to protect any sites or its systems or other users.
43.6 By posting any content, experiences, images on any social media platform, in relation to this Competition and its associated promotional activities, Participants consent and give the Promoter a world-wide, royalty free and non-exclusive license, to reproduce, modify, adapt and publish any content posted and/or submitted by a Participant on a social media platform, for the purposes of promoting the products and services of the Promotors.
44. By entering into the Promotional Competition, the Participant expressly agrees to the following indemnifications:
44.1 all Participants and the winners indemnify and holds harmless the Promoters, their employees, their advertising agencies, advisers, nominated agents, suppliers and Bottlers of beverages identified by the trademarks owned by or licensed to Twizza, its affiliates and/or associated companies against any and all claims of any nature whatsoever arising out of and/or from their participation in any way howsoever in this Competition (including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of the Promoters and/or use of the Prizes).
44.2 Ownership of and risk in, and benefit attaching to, the Competition will pass to the winner immediately. No liability shall attach to the Promoters in relation to any claims, losses or liabilities for any loss of profit or any other direct and/or indirect, special or consequential loss arising out of any of the Competition. The Promoters will not be liable for any defects in the prizes.
45. Technical failures and Unauthorized interference: If for any reason the Competition is not capable of running as planned as a result of any technical failures, unauthorized intervention, computer virus, mobile network failure, social media site downtime, tampering, fraud or any other causes beyond the Promoters’ control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, the Promoters reserve the right to cancel, terminate, modify or suspend the Competition or to disqualify or ban any individual who (whether directly or indirectly) causes (or has caused or has attempted to cause) the problem. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoters and which prevents the Promoters from complying with these Terms, the Promoters will not be liable for any failure to perform or delay in performing its obligation.
46. Transgressions: Any attempt to damage or interfere with microsites, mobile site, websites or any social media used in connection with the Competition or the information on it, or to otherwise undermine the legitimate operation of the Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoters reserve the right to seek damages to the fullest extent permitted by law. The Promoters also reserve the right (subject to applicable law) to disqualify or ban any individual who tampers with or attempts to subvert or interfere with the Competition mobile site, website, entry process or prize retrieval process.
47. Any participant who transgresses any of these terms and conditions or who acts in any way contrary to the spirit of this Competition may be banned from entry into this, or into any other Promoter promotional competitions, for a period deemed appropriate by Promoter management.
48. Amendments or Cancellation: Promoters reserve the right to cancel or amend or alter the Competition and its rules or prizes (not already awarded, to any other prize of comparable commercial value) at their own discretion at any time, if deemed necessary in their opinion and/or if circumstances arise outside of their control, without prior notice and no Participant shall have recourse for such cancellation or alteration. Any changes will be posted either within the competition information or these terms and conditions shall become effective immediately after being altered or on such date as may be determined by Promoters. No Participant shall have any recourse against Promoters as a result of the alterations of the rules or prizes.
49. Non-Waiver of Terms: A failure by the Promoters to enforce any one of the Terms in any instance(s) will not give rise to any claim or right of action by any participant or prize winner, nor shall it be deemed to be a waiver of any of the Promoters’ rights in relation to the same.
50. Disputes: in the event of a dispute, the decision of the Promoter will be final, and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoter shall be entitled to deal with such disputes (or any failure by Participants to follow the rules) in their sole discretion, including that the Promoter shall be entitled to immediately disqualify Participants from this Competition.
51. Severability: If any provision of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.
52. Law: These Terms shall be governed by the laws of the Republic of South Africa.
53. Inquiries: All queries in connection with this Competition, should be directed to Marketing@twizza.co.za. Any inquiry directed to the Promoter using any contact number/ line/ site/ platform, other than the designated email address provided in this clause, will not be entered into.
54. Availability of these Terms: A copy of these Terms is available at no cost to the participants and can be downloaded in printable form at www.twizza.co.za