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COMPETITION & PROMOTION TERMS & CONDITIONS

Competition & Promotion Terms & Condition

OFFER TO PARTICIPATE – DAIRY GIVES YOU GO COMPETITION (“the Competition”): World Milk Day Competition 2024.

The promoter of the Competition is the South African Milk Processors’ Organisation, a voluntary organisation [Insert Company Reg. No.] (hereinafter referred to as “SAMPRO”).

The following rules will apply to the Competition (“Terms & Conditions”):

1. IMPORTANT NOTICE

1.1      The rules of the Competition contain certain Terms & Conditions which appear in similar text style to this clause and which:

1.1.1         limit or may limit the risk or liability of SAMPRO and / or a third party and/or

1.1.2         create or may create risk or liability for the Participant; and/or

1.1.3          indemnify or may compel the Participant to indemnify SAMPRO and / or a third party; and/or

1.1.4        serves as an acknowledgment, by the Participant, that he/she has read and understood the Terms & Conditions of the Competition.

1.2      These Terms & Conditions are legally binding and should be carefully considered and noted by the Participant.

1.3      No part of these Terms & Conditions is intended to or shall be misconstrued as unlawfully restricting and/or limiting any rights and/or obligations, as the case may be, created for either the Participant or SAMPRO in terms of the Consumer Protection Act, 68 of 2008 (“the CPA”).

1.4      The Participant hereby acknowledges that by submitting his /her entry to the Competition, he/she has read these Terms & Conditions and that he/she understands and agrees to be bound by these Terms & Conditions.

1.5      Should any provision of the Terms & Conditions require interpretation, such provision will be interpreted by SAMPRO in its sole and absolute discretion.

1.6      All Participants to this Competition participate entirely at their own risk. By reading and accepting these Terms & Conditions, the Participant consents to these risks and hereby indemnifies and holds harmless SAMPRO and all its subsidiaries and associated entities; their directors, employees and agents from any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained directly or indirectly as a result of their participation in the promotional competition and related events and activities, or  resulting from  the acceptance of and/or use  of the prize/s on offer, including but not limited  to loss/damage arising out of/pursuant to personal injury, death, property damage and claims based on  publicity rights, defamation and/or privacy rights.

2. RULES OF THE COMPETITION

2.1      Prizes are not transferable and may not be exchanged for cash or other prizes.

2.2      In order to be eligible as a Participant for the Competition:

2.2.1        the Participant must be a citizen of the Republic of South Africa; be a natural person who can provide a valid ID number or passport number. Persons who are under the age of 18 years require the prior consent and assistance of their legal guardian to enter the competition and such participant/s warrant the existence of such consent and assistance.

2.2.2        the Participant must provide correct and full personal details, as required;

2.2.3        the Participant must provide proof of their identification number and/or passport document upon request in order for SAMPRO to carry out necessary verification.

2.2.4        the Participant cannot be a juristic entity and must be a natural person as set out in 2.2.1 above.

2.3      To enter the Competition, the Participant is required to answer a question related to an applicable call to action on Facebook, Instagram, TikTok and Twitter[JJ1] .

2.4     Participant submissions should include a dairy product. Any milk alternative product (including plant-based milk-alternatives or vegan cheese etc.) will not be considered and therefore such entry shall be deemed as invalid.  

3. SELECTION OF COMPETITION WINNER/S

3.1      Where not specifically stated, the winner/s will be selected by a panel of judges. [JJ2] The decision by the judging panel is final and no further deliberation will be entered into.

3.2      If no panel is required, SAMPRO holds the right to select the winning entries from a random draw to determine the winner/s if the minimum criteria on the challenge is met[JJ3] .

3.3.     The winner/s will receive a shopping voucher.

3.4.     Where applicable, the winner/s may be taxed in terms of applicable tax legislation and Participants who require clarity as to the tax implications hereof should seek a directive from the relevant revenue service/authority. The winner hereby indemnifies SAMPRO against any claims, losses, including 3rd party claims, resulting from the tax consequences.

3.5.     An announcement relating to the winner of the Competition will only take place once the winner/s has been contacted and all their details have been verified in accordance with clause 2.2.

3.6.     The winner/s will be contacted via Facebook inbox, Instagram DM, TikTok DM, Twitter DM, email or telephonically[JJ4] . SAMPRO reserves the right to disqualify a winner if he/she does not respond to a direct message via Facebook/Instagram/Twitter[JJ5] /TikTok, email or telephone call within 48 hours of the winner’s selection and to thereafter randomly select a replacement winner from the entries for the promotional competition. In such circumstances, the replacement winner shall be contacted via a direct message via Facebook/Instagram/Twitter, email or telephone call by SAMPRO as soon as reasonably practicable and shall be required to respond to SAMPRO in the manner set out in such correspondence. In the event that the replacement winner fails to respond timeously to SAMPRO as required, then SAMPRO shall be entitled to randomly draw a second replacement winner, and the provisions of this clause shall apply to all such randomly redrawn winners until a winner can be contacted and confirmed. If the selected winner does not provide any contact details a random redraw in accordance with this clause shall take place immediately.

3.7.     Any winner who fails to respond and as a result a replacement winner is selected in terms of clause 3.6 above shall not have any recourse against SAMPRO, their directors, employees, advertising agencies, advisors, suppliers and nominated agents in this regard.

3.8      Where the prize for the Competition is in the form of a shopping voucher, the winner/s of the Competition that receive their prize/s, shall endeavour to share, with SAMPRO, images of the goods purchased with the prize. 

3.9.     Any person who is at the date of awarding the prize/s:

            3.9.1.         A director, member, partner, employee, agent of or consultant of SAMPRO (or any of its subsidiaries, holding companies and other subsidiaries of its holding companies) or any other person who directly or indirectly controls or is controlled by SAMPRO; or

            3.9.2.         A spouse, life partner, parent, child, brother, sister, business partner or associate of any person contemplated in clause 3.9.1 above;

            3.9.3.         A supplier/ service provider to SAMPRO (or any of its subsidiaries, holding companies and other subsidiaries of its holding companies) of goods or services; or

            3.9.4.         A director, member, partner, employee, agent of or consultant to, spouse, life partner, parent, child, brother, sister, business partner or associate of any person contemplated in clause 3.9.3 above; and

            3.9.5.         Any supplier of the prize under the Competition[JJ6] , may not participate in the Competition and will be ineligible to receive all/any prize/s on offer.

3.10.   Non-compliance with these rules shall render the Winner ineligible to participate in this Competition and to receive prize/s. Such person hereby acknowledges that he/she/they will have no recourse or claim of any nature whatsoever against SAMPRO and/or its subsidiaries and/or its holding companies or subsidiaries of its holding companies (including the directors, employees, members, independent contractors, agents, consultants, sub-contractors and/or any other representatives of the said entities).

3.11. SAMPRO reserves the right to postpone the date upon which the winner is selected in accordance with the Regulations promulgated from time to time under the Disaster Management Act, 2002.

3.12. SAMPRO reserves the right to amend the Terms & Conditions as well as terminate the Competition at any time. In the event of such termination, all Participants hereby waive any rights that they may have in terms of the Competition and acknowledge that they will have no recourse against SAMPRO, their directors, employees, advertising agencies, advisors, suppliers and nominated agents.

4. GENERAL

4.1      By entering the Competition in accordance with its terms, the Participant acknowledges and understands that he/she is entering a competition, for the purposes of the CPA and the Competition will be conducted in accordance with the relevant provisions of the CPA. Further, should the Participant win a prize in the Competition, he/she undertakes to expeditiously do all things necessary to enable SAMPRO to comply with its obligations under the CPA including, but not limited to:

  1. providing such personal information as may be required in order to facilitate handing over the prize (including providing proof of address and identity number); and
  2. signing receipt of the prize upon its delivery.

4.2      Personal information, as above, shall have the meaning given in the Protection of Personal Information Act, 4 of 2013 (‘’POPI) and any other Regulations, Directives, Decisions or Guidelines on data protection or data privacy and guidance issued by the Information Regulator of South Africa (‘’Data Protection Legislation’’).

4.3      SAMPRO, the Client and the Participant shall comply with the requirements applicable to it under the Data Protection Legislation and the data protection principles specified in the Data Protection Legislation that are applicable to it. 

4.4      The Competition and these Terms & Conditions and any dispute pursuant thereto shall be subject to and construed in accordance with the laws of the Republic of South Africa. The South African courts shall have exclusive jurisdiction to determine all/any disputes in respect of/flowing from the application of these Terms & Conditions and otherwise in respect of the Competition.

4.5      The winner hereby consents to SAMPRO publishing his/her name/s or his/her photograph on the Dairy Gives You Go Facebook, Twitter, TikTok & Instagram pages, which consent may be revoked in writing.

4.6      SAMPRO shall conduct the Competition, and its decision on any matter related to the Competition, including the selection of prize winners is final and no correspondence will be entered into.

4.7      By entering the Competition, the Participant agrees and consents to be bound by any terms and conditions that may be imposed by Facebook, Instagram, TikTok and Twitter.

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OFFER TO PARTICIPATE – DAIRY GIVES YOU GO COMPETITION (“the Competition”)

 

The promoter of the Competition is the South African Milk Processors’ Organisation, a voluntary organisation (hereinafter referred to as “SAMPRO”).

 

The following rules will apply to the Competition (“Terms & Conditions”):

 

1. IMPORTANT NOTICE

1.1      The rules of the Competition contain certain Terms & Conditions which appear in similar text style to this clause and which:

1.1.1         limit or may limit the risk or liability of SAMPRO and / or a third party and/or

1.1.2         create or may create risk or liability for the Participant; and/or

1.1.3          indemnify or may compel the Participant to indemnify SAMPRO and / or a third party; and/or

1.1.4        serves as an acknowledgment, by the Participant, that he/she has read and understood the Terms & Conditions of the Competition.

1.2      These Terms & Conditions are legally binding and should be carefully considered and noted by the Participant.

1.3      No part of these Terms & Conditions is intended to or shall be misconstrued as unlawfully restricting and/or limiting any rights and/or obligations, as the case may be, created for either the Participant or SAMPRO in terms of the Consumer Protection Act, 68 of 2008 (“the CPA”).

1.4      The Participant hereby acknowledges that by submitting his /her entry to the Competition, he/she has read these Terms & Conditions and that he/she understands and agrees to be bound by these Terms & Conditions.

1.5      Should any provision of the Terms & Conditions require interpretation, such provision will be interpreted by SAMPRO in its sole and absolute discretion.

1.6      All Participants to this Competition participate entirely at their own risk. By reading and accepting these Terms & Conditions, the Participant consents to these risks and hereby indemnifies and holds harmless SAMPRO and all its subsidiaries and associated entities; their directors, employees and agents from any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained directly or indirectly as a result of their participation in the promotional competition and related events and activities, or  resulting from  the acceptance of and/or use  of the prize/s on offer, including but not limited  to loss/damage arising out of/pursuant to personal injury, death, property damage and claims based on  publicity rights, defamation and/or privacy rights.

2. RULES OF THE COMPETITION

2.1      Prizes are not transferable and may not be exchanged for cash or other prizes.

2.2      In order to be eligible as a Participant for the Competition:

2.2.1        the Participant must be a citizen of the Republic of South Africa; be a natural person who can provide a valid ID number or passport number. Persons who are under the age of 18 years require the prior consent and assistance of their legal guardian to enter the competition and such participant/s warrant the existence of such consent and assistance.

2.2.2        the Participant must provide correct and full personal details, as required;

2.2.3        the Participant must provide proof of their identification number and/or passport document upon request in order for SAMPRO to carry out necessary verification.

2.2.4        the Participant cannot be a juristic entity and must be a natural person as set out in 2.2.1 above.

2.3      To enter the Competition, the Participant is required to answer a question related to an applicable call to action on Facebook, Instagram, TikTok and Twitter.

2.4     Participant submissions should include a dairy product. Any milk alternative product (including plant-based milk-alternatives or vegan cheese etc.) will not be considered and therefore such entry shall be deemed as invalid.  

3. SELECTION OF COMPETITION WINNER/S

3.1      Where not specifically stated, the winner/s will be selected by a panel of judges. The decision by the judging panel is final and no further deliberation will be entered into.

3.2      If no panel is required, SAMPRO holds the right to select the winning entries from  a random draw to determine the winner/s if the minimum criteria on the challenge is met.

3.3.     The winner/s will receive a prize related to the monthly giveaway.

3.4.     Where applicable, the winner/s may be taxed in terms of applicable tax legislation and Participants who require clarity as to the tax implications hereof should seek a directive from the relevant revenue service/authority. The winner hereby indemnifies SAMPRO against any claims, losses, including 3rd party claims, resulting from the tax consequences.

3.5.     An announcement relating to the winner of the Competition will only take place once the winner/s has been contacted and all their details have been verified in accordance with clause 2.2.

3.6.     The winner/s will be contacted via Facebook inbox, Instagram DM, TikTok DM, Twitter DM, email or telephonically. SAMPRO reserves the right to disqualify a winner if he/she does not respond to a direct message via Facebook/Instagram/Twitter/TikTok, email or telephone call within 48 hours of the winner’s selection and to thereafter randomly select a replacement winner from the entries for the promotional competition. In such circumstances, the replacement winner shall be contacted via a direct message via Facebook/Instagram/Twitter, email or telephone call by SAMPRO as soon as reasonably practicable and shall be required to respond to SAMPRO in the manner set out in such correspondence. In the event that the replacement winner fails to respond timeously to SAMPRO as required, then SAMPRO shall be entitled to randomly draw a second replacement winner, and the provisions of this clause shall apply to all such randomly redrawn winners until a winner can be contacted and confirmed. If the selected winner does not provide any contact details a random redraw in accordance with this clause shall take place immediately.

3.7.     Any winner who fails to respond and as a result a replacement winner is selected in terms of clause 3.6 above shall not have any recourse against SAMPRO, their directors, employees, advertising agencies, advisors, suppliers and nominated agents in this regard.

3.8.     Any person who is at the date of awarding the prize/s:

            3.8.1.         A director, member, partner, employee, agent of or consultant of SAMPRO (or any of its subsidiaries, holding companies and other subsidiaries of its holding companies) or any other person who directly or indirectly controls or is controlled by SAMPRO; or

            3.8.2.         A spouse, life partner, parent, child, brother, sister, business partner or associate of any person contemplated in clause 3.8.1 above;

            3.8.3.         A supplier/ service provider to SAMPRO (or any of its subsidiaries, holding companies and other subsidiaries of its holding companies) of goods or services; or

            3.8.4.         A director, member, partner, employee, agent of or consultant to, spouse, life partner, parent, child, brother, sister, business partner or associate of any person contemplated in clause 3.8.3 above; and

            3.8.5.         Any supplier of the prize under the Competition, may not participate in the Competition and will be ineligible to receive all/any prize/s on offer.

3.9      Non-compliance with these rules shall render the Winner ineligible to participate in this Competition and to receive prize/s. Such person hereby acknowledges that he/she/they will have no recourse or claim of any nature whatsoever against SAMPRO and/or its subsidiaries and/or its holding companies or subsidiaries of its holding companies (including the directors, employees, members, independent contractors, agents, consultants, sub-contractors and/or any other representatives of the said entities).

3.10. SAMPRO reserves the right to postpone the date upon which the winner is selected in accordance with the Regulations promulgated from time to time under the Disaster Management Act, 2002.

3.11. SAMPRO reserves the right to amend the Terms & Conditions as well as terminate the Competition at any time. In the event of such termination, all Participants hereby waive any rights that they may have in terms of the Competition and acknowledge that they will have no recourse against SAMPRO, their directors, employees, advertising agencies, advisors, suppliers and nominated agents.

4. GENERAL

4.1      By entering the Competition in accordance with its terms, the Participant acknowledges and understands that he/she is entering a competition, for the purposes of the CPA and the Competition will be conducted in accordance with the relevant provisions of the CPA. Further, should the Participant win a prize in the Competition, he/she undertakes to expeditiously do all things necessary to enable SAMPRO to comply with its obligations under the CPA including, but not limited to:

                    i.            providing such personal information as may be required in order to facilitate handing over the prize (including providing proof of address and identity number); and

                  ii.            signing receipt of the prize upon its delivery.

4.2   Personal information, as above, shall have the meaning given in the Protection of Personal Information Act, 4 of 2013 (‘’POPI) and any other Regulations, Directives, Decisions or Guidelines on data protection or data privacy and guidance issued by the Information Regulator of South Africa (‘’Data Protection Legislation’’).

4.3   SAMPRO, the Client and the Participant shall comply with the requirements applicable to it under the Data Protection Legislation and the data protection principles specified in the Data Protection Legislation that are applicable to it. 

4.4  The Competition and these Terms & Conditions and any dispute pursuant thereto shall be subject to and construed in accordance with the laws of the Republic of South Africa. The South African courts shall have exclusive jurisdiction to determine all/any disputes in respect of/flowing from the application of these Terms & Conditions and otherwise in respect of the Competition.

4.5      The winner hereby consents to SAMPRO publishing his/her name/s or his/her photograph on the Dairy Gives You Go Facebook, Twitter, TikTok & Instagram pages, which consent may be revoked in writing.

4.6  SAMPRO shall conduct the Competition, and its decision on any matter related to the Competition, including the selection of prize winners is final and no correspondence will be entered into.

4.7   By entering the Competition, the Participant agrees and consents to be bound by any terms and conditions that may be imposed by Facebook, Instagram, TikTok and Twitter.

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