Competitions Terms and Conditions

NESTLÉ HOT CHOCOLATE AND CONFECTIONERY WINTER TREATS CAMPAIGN REPUBLIC OF SOUTH AFRICA COMPETITION TERMS & CONDITIONS

1. Introduction

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 TMARC and POINT “Point Marketing Materials Procurement SA 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 16 May 2022 and will end on 17 July 2022 (“Promotional Period ”). No entries received after midnight 23:59 on 17 July 2022 will be considered.

4. Competition Mechanics

4.1 To participate in this competition, participants are required to Purchase any 1 (one) participating Nestlé hot chocolate plus any 2 (two) participating Nestlé chocolate from any Shoprite, Checkers or Checkers Hyper stores nationwide; and.

4.2 The competition only applies to Xtrasavings members if they purchase any of the participating products as indicated below.

4.3 Xtrasavings members must swipe their card to receive an automatic entry into the competition.

4.4 Participants must keep their till slip as proof of purchase

4.5 Participants must ensure that their details are up to date and accurate on their Xtra Savings profile. If a winner has given incorrect contact details, the Promoter reserves the right to select another winner in terms of the rules

4.1 Participating Products

4.2 USSD sessions are charged from your airtime or billing balance and costs 20c for every 20 seconds you use the service (Free minutes do not apply.) The average time for entry is under 20 seconds so your call should not exceed more than 40 seconds. Please ensure you terminate the call when complete in order to stop the call.

4.3 Participants may enter as many times as they wish provided that each entry is associated with a separate purchase and unique code over the Promotional Period, provided that participants keep valid copies of their till slips and enter a valid barcode, subject to the following conditions:

a. All entries from disqualified participants' mobile numbers will be rejected

b. Only one prize per household and per number / person

c. No computer-based entries will be accepted

d. Only 1 win per unique MSISDN

4.4 Any mobile number that enters an incorrect or used till slip 5 (five) times in succession will be locked out of the Competition for the entire duration of the promotional competition (" Blocked Participants")

4.5 Blocked Participants have an opportunity to call the Nestlé Call Centre on 011 514 6116 or 086 009 6116 between 09h00 - 16h30 Monday to Friday should there be a valid reason, which is accepted by the Promoters, for the Blocked Participants to be allowed to enter the Competition.

4.6 Participants must enter on a Mobile phone that is owned and registered to that person. No other person can use another person’s Mobile phone for Competition entry purposes. If it is discovered that participants have entered on a phone that is not registered to them, they will be disqualified and the entrant will be requested to refund the prizes to the Promoters.

4.7 The cellphone number is key to all entries, if the entrant has won on a cellphone number they cannot use another number in order to be contacted further, this number needs to be a number that is contactable during office hours.

4.8 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.

4.9 [The winners will be determined by random draw within [two weeks] after the date of closure of the competition (this date is subject to change without notice). [L2] [NB3]

5. The Prizes

5.1 Participants in this Competition stand a chance to Win:

- 1 (one) of 12 (twelve) DSTV subscriptions for a year, valued at R2300 (Two thousand three hundred Rand) each;

OR

- 1 (one) of 12 (twelve) Netflix subscriptions for a year, valued at R2100 (Two thousand one hundred Rand) each;

The Grand prize consists of:

- 2 x Home Entertainment Bundle valued at approximately R80 000 (Eighty Thousand Rand) split between Checkers and Shoprite consisting of:

- 2x Samsung 70" SMART LED UHD TV

- 2x Samsung Soundbar

- 2x Samsung Tablet

- 2x JBL Pulse Bluetooth Speaker

- 2x Tripod Projector Screen

- 2x LED Portable Projector

6. Claiming your Prize

6.1 All unique/positive entries will be entered into one [RANDOM DRAW] that will be held on the following dates:

1 August 2022

6.2 A total of 26winners will be selected from the above-mentioned draw(s).

6.3 All vouchers are digital in nature and will be sent to the mobile handset that has been determined as the legitimate device of entry. These vouchers can be used online or in-store. – [ONLY APPLICABLE TO ELECTRONIC VOUCHERS]

6.4 Eligible winners will have their prizes delivered, should a physical delivery be necessary. Should delivery of the prizes be unsuccessful after 3 attempts the prizes will be stored by at Promoters premises and may be collected by the validated winner.

6.5 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 proof of purchase (receipt/s) and a copy of his/her [Republic of South Africa] ID and/or driver’s license to the Promoter’s representative.

6.6 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.

6.7 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.

6.8 It is the responsibility of the winner to avail themselves to sign for the prize and collect their prize from the relevant participating store. No one other than the prize winner will be allowed to sign for the prize. The winner will need to produce valid identification and proof of purchase of the participating product (purchased during the promotional period) on redemption of their prize.

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. General

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 [email protected] or Dial + 27 86 009 6116.

8.10 By entering this Competition, you authorize the Promoters to process the personal information of Participants for communication or statistical purposes. Any personal data submitted by you will be used solely in accordance with current [Republic of South] data protection legislation and Nestlé’s privacy policy. For any questions or clarifications regarding the processing of the Participant’s personal information, you may contact us by emailing [email protected] or Dial 086 0096 116.

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 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.

8.20 For further information or enquiries please email our consumer services at consumer.servi[email protected] or call us on +27 86 009 6116/+27 11 514 6116.

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NESTLÉ KITKAT MAY NATIONAL CAMPAIGN COMPETITION TERMS & CONDITIONS REPUBLIC OF SOUTH AFRICA 

1.    Introduction

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 TMARC (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 1 May 2022 and will end on 30 June 2022 (“Promotional Period”). No entries received after 30 June 2022 will be considered. 

4.    Competition Mechanics

To participate in this competition, participants are required to purchase any 2 of the participating NESTLÉ KitKat products (listed below) in a single transaction and dial *120*5625# and follow the prompts. All unique/positive entries will be entered into random draws to stand a chance to win the below prizes. 

4.1    Participating Products

4.2    USSD sessions are charged from your airtime or billing balance and costs 20c for every 20 seconds you use the service (Free minutes do not apply.) The average time for entry is under 20 seconds so your call should not exceed more than 40 seconds. Please ensure you terminate the call when complete in order to stop the call.

4.3    Participants may enter the competition as many times as they wish over the Promotional Period, provided that participants purchase any 2 of the participating products each time (in a single transaction) and complete the competition entry, keep valid copies of their till slips and enter a valid barcode, subject to the following conditions: 
a.     All entries from disqualified participants' mobile numbers will be rejected
b.    Only one prize per household and per number / person
c.    No computer-based entries will be accepted
d.    Only 1 win per unique MSISDN 

4.4    Any mobile number that enters an incorrect or used till slip 5 (five) times in succession will be locked out of the Competition for the entire duration of the promotional competition ("Blocked Participants")

4.5    Blocked Participants have an opportunity to call the Nestlé Call Centre on 011 514 6116 or 086 009 6116 between 09h00 - 16h30 Monday to Friday should there be a valid reason, which is accepted by the Promoters, for the Blocked Participants to be allowed to enter the Competition. 

4.6    Participants must enter on a Mobile phone that is owned and registered to that person. No other person can use another person’s Mobile phone for Competition entry purposes. If it is discovered that participants have entered on a phone that is not registered to them, they will be disqualified, and the entrant will be requested to refund the prizes to the Promoters.

4.7    The cellphone number is key to all entries, if the entrant has won on a cellphone number they cannot use another number in order to be contacted further, this number needs to be a number that is contactable during office hours.

4.8    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.

4.9    The winners for the spot prizes will be determined by random draw which will commence after each week of the competition, starting on the 9 May 2022. The Grand prize winner will be determined by random draw after the competition period has ended. (these dates are subject to change without notice).

5.    The Prizes

Spot Prizes (Prizes which will be awarded during the course of the competition period)

5.1    Participants in this Competition stand a chance to Win one of the following spot prizes, as follows: 

•     1 of 18 Instax Cameras valued at R1700 each 
•     1 of 70 Superbalist vouchers valued at R500 each 
•     1 of 70 Takealot vouchers valued at R500 each
•     1 of 70 Uber vouchers valued at R500 each 

Grand Prize (Prize that will be determined after the competition) 
5.2    A Participant stands the chance to win an exclusive comedy experience for you and a partner to New York City in November (or such other dates as may be communicated by the Promoters to the prize winners). The prize winners are required to be available for travel in November 2022: Prize winners who are not available for travel on will forfeit their prizes and runner-up finalists will be drawn (subject to the terms and conditions contained herein).

5.3    It is the responsibility of the winner to ensure they have a valid passport, and they apply for their own US visa at their own cost. Should their visa be declined, or their passport is not up to date, the prize will be forfeited.

6.    Claiming your Prize

6.1    All unique/positive entries will be entered into RANDOM DRAW(S) that will be held on the following dates: 

 
6.2    A total of 228 (Two-hundred and twenty-eight) spot prize winners and 1 (One) Grand Prize winner will be selected from the above-mentioned draw(s).

6.3    All vouchers are digital in nature and will be sent to the mobile handset that has been determined as the legitimate device of entry. These vouchers can be used online or in-store.

6.4    Eligible winners of the cameras will have their prizes delivered, should a physical delivery be necessary. Should delivery of the prizes be unsuccessful after 3 attempts the prizes will be stored at the Promoters premises and may be collected by the validated winner.

6.5    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 proof of purchase (receipt/s) and a copy of his/her Republic of South Africa ID and/or driver’s license to the Promoter’s representative.  

6.6    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. 

6.7    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.    General

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    A Participant, potential prize winner and/or prize winner may, at the Promoters’ sole discretion, be disqualified from the Competition and/or forfeit his/her prize if: 

(i) such person’s participation in the Competition and/or the awarding of a prize to such participant would, as solely determined by the Promoter(s), be harmful to the goodwill and/or reputation of any of the Promoter(s); or 
(ii) such person engages in any unsafe, illegal, unsociable or inappropriate behaviour.

8.5    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.

8.6    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.

8.7    Prize visuals on any competition and/or promotional materials are for illustrative purposes only.

8.8    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.

8.9    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.

8.10    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 [email protected]  or Dial + 27 86 009 6116. 

8.11    By entering this Competition, you authorize the Promoters to process the personal information of Participants for communication or statistical purposes. Any personal data submitted by you will be used solely in accordance with current Republic of South Africa data protection legislation and Nestlé’s privacy policy. For any questions or clarifications regarding the processing of the Participant’s personal information, you may contact us by emailing [email protected] or Dial 086 0096 116. 

8.12    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. 

8.13    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”). 

8.14    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.

8.15    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. 

8.16    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.

8.17    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.

8.18    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. 

8.19    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.

8.20    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.

8.21    For further information or enquiries please email our consumer services at consumer.servi[email protected] or call us on +27 86 009 6116/+27 11 514 6116.

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NESTLÉ GRAB A TREAT CAMPAIGN SHIELD CONSUMER TRADE PROMOTION APRIL MAY 2022 
USSD T’S & C’s

1    TERMS AND CONDITIONS

1.1    The promoters to this Nestlé Grab a Treat Competition are Masscash (Pty) Limited (registration number: 1987/001214/07) a company incorporated in the Republic of South Africa (“Masscash”), SHIELD (Pty) Ltd (registration number: 1984/011353/07) a company incorporated in the Republic of South Africa (“SHIELD”) and Nestlé (South Africa) Proprietary Limited (registration number: 1960/002377/07) a company incorporated in the Republic of South Africa and having its registered address at Anslow Office Park, 8 Anslow Crescent, Bryanston, Johannesburg 2021 (“Nestlé”) (NESTLÉ ,SHIELD and  MASSCASH shall collectively be referred to as the “promoters”).
1.2    Entry into this NESTLÉ GRAB A TREAT Competition (the “promotional competition”, alternatively the “competition”) is open to the promoters’ customers who are above the age of 18 years, citizens and/or permanently resident in South Africa and whose credit accounts are current and in good standing on the date of the draw (the “entrants"). 
1.3    Any employee, director, member, partner, agent or consultant or any person directly or indirectly who controls or is controlled by the promoters and/or immediate family members of any employee, director, member, partner, agent or consultant of or person indirectly or directly in control or controlled by the Promoter/s, their advertising agencies, advisers, dealers, suppliers, service providers, its affiliates and/or associated companies are not eligible to participate in this Competition.
1.4    The entrant's attention is drawn to these terms and conditions and by entering this promotional competition, the entrant agrees to be bound by these rules which will be interpreted by the Promotes, whose decision regarding any dispute will be final and binding. A copy of these terms and conditions is available at www.masscash.co.za and/or www.shield.co.za.

2    IMPORTANT NOTICE

2.1    These terms and conditions and competition rules contain certain terms and conditions which appear in similar text style to this clause and which:
2.1.1    may limit the risk or liability of the promoter or a third party; and/or
2.1.2    may create risk or liability for the entrant; and/or
2.1.3    may compel the entrant to indemnify the promoter or a third party; and/or
2.1.4    require the promoters to process the entrants to process their personal information; and/or 
2.1.5    serves as an acknowledgement of a fact by the entrant.  

2.2    The entrant cannot be a juristic person and must be a natural person permanently resident in South Africa. Where the entrant is not a citizen and is a permanent resident, a valid passport and residential permit must be presented in order to be awarded the prize.
2.3    Nothing in these terms and conditions 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 entrant or the promoter in terms of the Consumer Protection Act, 68 of 2008 (the “CPA”). 

2.4    Competition artwork is for illustrative purposes only and all entrants to this promotional competition participate entirely at their own risk. By reading and accepting these terms and conditions, the entrant gives consent to these risks and hereby indemnifies and holds harmless the promoters, and all affiliated entities in the promoters groups structure, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a direct or indirect result of their participation in the competition and utilisation of the prize 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 indemnified party.

3    RULES OF THE COMPETITION

3.1    This promotional competition commences on 18 April 2022 and closes on 31 May 2022. Any entries received after the close of the participating store’s operating hours 07h00 – 18h00 will be invalid and will not be considered. Online purchases made after 23h59 on the last day of the Competition will not be considered and are subject to government regulations.

3.2    The prizes:

• 3.2.1 Entrants understand that the entrant’s stand a chance to be on one of 38 winners of either one of the following (1) Cash Card vouchers and that there is no guarantee that you will receive the Prize:
• 3.2.1.1    1 of 16 cash cards valued at R250 each
• 3.2.1.2    1 of 12 cash cards valued at R500 each
• 3.2.1.3    1 of 10 cash cards valued at R1000 each
• 3.2.2    The prize shall be distributed randomly to 1 of 38 (One of Thirty-Eight) winners randomly drawn from qualifying entries received from all participating stores nationally. The Promoters reserve the rights to amend this qualification at its sole and absolute discretion.
• 3.2.3    The Promoters reserve the right to substitute the Prize with any other Prize of comparable commercial value and the prize is not transferable and may not be exchanged for cash or other item. 
• 3.2.4    Although the Promoter/s have taken care to make sure that the Prize is/are of a good quality, subject to Consumer Protection Act 68 of 2008, the Promoter does not give any warranties about the Prize and you agree to accept the Prize “as is”. Subject to applicable law, you also indemnify the Promoters against any damages that anyone may suffer as a result of the use of the Prize/s or participation in this Competition, including consequential and economic loss.
• 3.2.5    The value of the prize includes VAT, and the prize will be given to the winner at the ruling price which is available to any customer on the day that the item is purchased from the participating store. 
• 3.2.6    Where the prize is a gift card or voucher, if the gift card or voucher is misplaced or lost and subsequently used by someone other than the winner, the Promoter/s will not replace the gift card or voucher and the winner will bear such loss. These gift cards or vouchers will be subject to all the normal terms and conditions relating to the usage of gift cards in participating stores, which can be obtained from www.masscash.co.za.

3.3    The competition includes online shopping and physical purchases of/ at a participating SHIELD Retailer.
3.4    In order to qualify as an entrant for this promotional competition, the entrant must comply with clause 1.2 and clause 2.2 above and must provide correct and full personal details, as required.
3.5    The promoters, any affiliated entity in the promoters’ Group structure or affiliated Company and their directors, members, partners, employees, agents or consultants, the suppliers of goods or services in connection with this promotional competition, or any other person who directly or indirectly controls or is controlled by the above named parties and their respective spouses, life partners, business partners or immediate family members are not permitted to participate in this promotional competition.
3.6    To enter in this Competition, entrants must buy any 2 participating NESTLÉ  CHOCOLATE MINI COUNTLINES CASES (in one transaction) AND Dial *120*27263# at any participating SHIELD retailer for automatic entry.
    
Participating Chocolate Products (“Participating Products”)
        

            
3.7    In order to be eligible to win a prize, you must not have issued dishonoured cheques, or have overdue payments due to the Promoter at the time of the Competition draw. You must not have committed any act of fraud or other criminal act against the Promoters. You must not have returned any of the Participating Products.
3.8    Potential winners will be selected in a random draw in the presence of representatives of the promoters as well as a legal representative of the promoters. 
3.9    Entrants may enter as many times as they wish, provided each entry meets the qualifying criteria. However, no entrant may be allowed to win more than one of the prizes on offer.
3.10    The Prize winners will be selected on the 10 May 2022. Potential winners will be contacted via email or telephonically within a reasonable period of time following the competition draw date (this date is subject to change without notice) to confirm qualifying entry  and award.  The Promoters reserve the right to disqualify a potential winner or winner if he/she does not respond to the email or telephone call within one week of winner contact and randomly select a replacement winner from the competition entries. In such circumstances, the replacement winner shall be contacted via email or telephonically by the Promoter as soon as reasonably practicable and shall be required to respond to the Promoter in the manner set out in such correspondence. In the event that the replacement winner fails to respond to the Promoter as required, then the provisions of this clause shall apply to that new winner in the same way as if he/she were the original winner. If the selected winner does not have any contact details a redraw will need to take place immediately.
3.11    The Promoters reserve the right to amend the terms and conditions if such amendment is necessary from a practical or fairness point of view. The Promoter shall have the right to terminate the Competition immediately and without notice for any reason beyond its control requiring this. In the event of such termination, all entrants agree to waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against the Promoter, its agents and staff. The Promoter/s reserve the right to extend the duration of the Competition in the event that the Promoter/s have not received the minimum amount of qualifying entries for the Competition.
3.12    At the time that a potential prize winner is identified, the potential prize winner will receive an SMS message on their cell phone number 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 and a copy of his/her ID and residential permit and/or driver’s license to the Promoters’ representative.  
3.13    The potential prize winner is not an actual winner until his/her submission is validated and his/her documents are completed and submitted to the Promoters. If a potential prize winner does not meet the eligibility requirements, the prize will be forfeited and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.
3.14    If the Promoters are unable to reach any of the potential prize winners after 3 (three) attempts made within 3 (three) working days of their name being drawn, for whatsoever reason, including incorrect telephone numbers or inoperative telephone numbers, such winner will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein
3.15    Potential prize winners will have 48hrs from the time of being contacted to supply any required documentation / proof of purchase in order to be confirmed as a winner. Failure to comply will result in the potential winner being disqualified.
3.16    Validated winners will have their prizes delivered by a representative of the Promoters. Should delivery of the prizes be unsuccessful after 2 attempts the prizes will be stored at the Promoter and may be collected by the validated winner.  Winners must collect the prize within 4 weeks from the time of being validated and notified that they are a winner to receipt of the prize.
3.17    It is the responsibility of the winners to provide delivery details and availability times that are accurate. Failure to do this will result in the winner having to collect the prize from the premises of the Promoter if delivery fails after 2 attempts, for any reason whatsoever and within 4 weeks from date of being notified. Failure to collect the prize within the time frame will result in the winner being automatically disqualified.

4    GENERAL
4.1    By entering the competition in accordance with its terms, you are entering a promotional competition for the purposes of the CPA and the promotional competition will be conducted in accordance with the relevant provisions of the CPA. Should you win a prize in the competition, you undertake to expeditiously do all things necessary to enable the promoter/sponsor 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    The winners name, card number and town/city will be published on the Promoters’ website and other media. The winner will be required to sign an acknowledgement of receipt of Prize and may be requested to be photographed and/or identified in any media, which is inclusive of but not limited to television, radio print publications and online sites in which the Competition receives exposure and for future marketing initiatives with the understanding that the winner may decline such an invitation.
4.3    The entrant hereby consents to the Promoters using and processing your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) in order to process your entry as stated herein as well as for any marketing and future promotions, if opted in. The entrant can refer to the Privacy Notice available at https://www.massmart.co.za/privacy-centre to confirm how the Promoters will process your Personal Information. Any personal information relating to the winner or an entrant will be used solely in accordance with the CPA and POPIA and will not be disclosed to a third party without your prior consent.
4.4    By participating in the Competition, you consent to the sharing your personal information between the Promoters and its affiliates including holding and subsidiary companies.   
4.5    By posting any content, images, or comments on any of the Promoter’s public and/or social media platform or by sending any such content to the Promoter, an entrant consent to and gives the Promoter a world-wide royalty free licence to reproduce, modify, adapt and publish such content, images or comments for the purposes of promoting the Promoter’s products and/or services.
4.6    The promoters shall conduct the competition, and the Promoters’ decision on any matter related to the competition, including the selection of prize winners is final, binding and no correspondence will be entered into.
4.7    A copy of these rules can be found at www.masscash.co.za; www.shield.co.za and www.nestle-esar.com/brands/competitions . Any queries can be answered by reference to the websites or by calling the consumer services division on 086 009 6116 during office hours throughout the period of the competition.
4.8    The above Rules are severable. This means that if any one rule is found to be unlawful, it will be removed and the remaining Rules will still apply. 
4.9    Any violation or attempt to violate any of the above Rules will result in the immediate disqualification of the entrant.

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NESTLÉ GRAB A TREAT CAMPAIGN MAKRO CONSUMER TRADE PROMOTION APRIL - MAY 2022 T’S & C’s

1    TERMS AND CONDITIONS
1.1    The promoters to this Nestlé Grab a Treat Competition are Massstores (Pty) Ltd, trading as Makro SA (registration number: 1991/006805/07) a company incorporated in the Republic of South Africa (“MAKRO”) and Nestlé (South Africa) Proprietary Limited (registration number: 1960/002377/07) a company incorporated in the Republic of South Africa and having its registered address at Anslow Office Park, 8 Anslow Crescent, Bryanston, Johannesburg 2021 (“Nestlé”) (NESTLÉ AND MAKRO shall collectively be referred to as the “promoters”).
1.2    Entry into this MAKRO and NESTLÉ GRAB A TREAT Competition (the “promotional competition”, alternatively the “competition”) is open to the promoters’ customers who are above the age of 18 years, citizens and/or permanently resident in South Africa and whose credit accounts are current and in good standing on the date of the draw (the “entrants"). 
1.3    Any employee, director, member, partner, agent or consultant or any person directly or indirectly who controls or is controlled by the promoters and/or immediate family members of any employee, director, member, partner, agent or consultant of or person indirectly or directly in control or controlled by the Promoter/s, their advertising agencies, advisers, dealers, suppliers, service providers, its affiliates and/or associated companies are not eligible to participate in this Competition.
1.4    The entrant's attention is drawn to these terms and conditions and by entering this promotional competition, the entrant agrees to be bound by these rules which will be interpreted by the Promotes, whose decision regarding any dispute will be final and binding. A copy of these terms and conditions is available at www.makro.co.za.

2    IMPORTANT NOTICE
2.1    These terms and conditions and competition rules contain certain terms and conditions which appear in similar text style to this clause and which:

• 2.1.1    may limit the risk or liability of the promoter or a third party; and/or
• 2.1.2    may create risk or liability for the entrant; and/or
• 2.1.3    may compel the entrant to indemnify the promoter or a third party; and/or
• 2.1.4    require the promoters to process the entrants to process their personal information; and/or 
• 2.1.5    serves as an acknowledgement of a fact by the entrant.  

2.2    The entrant cannot be a juristic person and must be a natural person permanently resident in South Africa. Where the entrant is not a citizen and is a permanent resident, a valid passport and residential permit must be presented in order to be awarded the prize.
2.3    Nothing in these terms and conditions 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 entrant or the promoter in terms of the Consumer Protection Act, 68 of 2008 (the “CPA”). 
2.4    Competition artwork is for illustrative purposes only and all entrants to this promotional competition participate entirely at their own risk. By reading and accepting these terms and conditions, the entrant gives consent to these risks and hereby indemnifies and holds harmless the promoters, and all affiliated entities in the promoters groups structure, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a direct or indirect result of their participation in the competition and utilisation of the prize 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 indemnified party.

3    RULES OF THE COMPETITION
3.1    This promotional competition commences on 18 April 2022 and closes on 31 May 2022. Any entries received after the close of the participating store’s operating hours 07h00 – 18h00 will be invalid and will not be considered. Online purchases made after 23h59 on the last day of the Competition will not be considered and are subject to government regulations.

3.2    The prizes:
3.2.1    Entrants understand that the entrant’s stand a chance to win one (1) of twenty one (21) Campmaster Roadster 200 Trailer 5Ft worth [17 607, 35] each and that there is no guarantee that you will receive the Prize. 
3.2.2    The prize shall be distributed randomly to 1 of 21 (One of Twenty-One) winners randomly drawn from qualifying entries received from all participating stores nationally. The Promoters reserve the rights to amend this qualification at its sole and absolute discretion.
3.2.3    The Promoters reserve the right to substitute the Prize with any other Prize of comparable commercial value and the prize is not transferable and may not be exchanged for cash or other item. 
3.2.4    Although the Promoter/s have taken care to make sure that the Prize is/are of a good quality, subject to CPA, the Promoter does not give any warranties about the Prize and you agree to accept the Prize “as is”. Subject to applicable law, you also indemnify the Promoters against any damages that anyone may suffer as a result of the use of the Prize/s or participation in this Competition, including consequential and economic loss.
3.2.5    The value of the prize includes VAT, and the prize will be given to the winner at the ruling price which is available to any customer on the day that the item is purchased from the participating store. 
3.2.6    Where the prize is a Makro gift card or voucher, if the gift card or voucher is misplaced or lost and subsequently used by someone other than the winner, the Promoter/s will not replace the gift card or voucher and the winner will bear such loss. These gift cards or vouchers will be subject to all the normal terms and conditions relating to the usage of gift cards in Makro stores, which can be obtained from www.makro.co.za.
3.3    The competition includes MAKRO online shopping and physical purchases at a participating store.
3.4    In order to qualify as an entrant for this promotional competition, the entrant must comply with clause 1.2 and clause 2.2 above and must provide correct and full personal details, as required.
3.5    The promoters, any affiliated entity in the Promoters’ Group structure or affiliated Company and their directors, members, partners, employees, agents or consultants, the suppliers of goods or services in connection with this promotional competition, or any other person who directly or indirectly controls or is controlled by the above named parties and their respective spouses, life partners, business partners or immediate family members are not permitted to participate in this promotional competition.
3.6    To enter in this Competition, entrants must buy any 2 participating NESTLÉ CHOCOLATE MINI COUNTLINES CASES (in one transaction) at any MAKRO wholesaler for automatic entry.

Participating Chocolate Products (“Participating Products”)
        
        

3.7    In order to be eligible to win a prize, you must not have issued dishonoured cheques, or have overdue payments due to the Promoter at the time of the Competition draw. You must not have committed any act of fraud or other criminal act against the Promoters. You must not have returned any of the Participating Products.
3.8     Winners will be selected in a random draw in the presence of representatives of the promoters as well as a legal representative of the promoters. 
3.9    Entrants may enter as many times as they wish, provided each entry meets the qualifying criteria. However, no participant may be allowed to win more than one of the prizes on offer.
3.10    The Prize winners will be selected on the 10 May 2022. Potential winners will be contacted via email or telephonically within a reasonable period of time following the competition draw date (this date is subject to change without notice) to confirm qualifying entry and award.  The Promoters reserve the right to disqualify a potential winner or winner if he/she does not respond to the email or telephone call within one week of winner contact and randomly select a replacement winner from the competition entries. In such circumstances, the replacement winner shall be contacted via email or telephonically by MAKRO as soon as reasonably practicable and shall be required to respond to MAKRO in the manner set out in such correspondence. In the event that the replacement winner fails to respond to MAKRO as required, then the provisions of this clause shall apply to that new winner in the same way as if he/she were the original winner. If the selected winner does not have any contact details a redraw will need to take place immediately.
3.11    The Promoters reserve the right to amend the terms and conditions if such amendment is necessary from a practical or fairness point of view. The Promoter shall have the right to terminate the Competition immediately and without notice for any reason beyond its control requiring this. In the event of such termination, all entrants agree to waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against the Promoter, its agents and staff. The Promoter/s reserve the right to extend the duration of the Competition in the event that the Promoter/s have not received the minimum amount of qualifying entries for the Competition.
3.12    At the time that a potential prize winner is identified, the potential prize winner will receive an SMS message on their cell phone number 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 and a copy of his/her ID and residential permit and/or driver’s license to the Promoters’ representative.  
3.13    The potential prize winner is not an actual winner until his/her submission is validated and his/her documents are completed and submitted to the Promoters. If a potential prize winner does not meet the eligibility requirements, the prize will be forfeited and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.
3.14    If the Promoters are unable to reach any of the potential prize winners after 3 (three) attempts made within 3 (three) working days of their name being drawn, for whatsoever reason, including incorrect telephone numbers or inoperative telephone numbers, such winner will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein
3.15    Potential prize winners will have 48hrs from the time of being contacted to supply any required documentation / proof of purchase in order to be confirmed as a winner. Failure to comply will result in the potential winner being disqualified.
3.16    Validated winners will have their prizes delivered by a representative of the Promoters. Should delivery of the prizes be unsuccessful after 2 attempts the prizes will be stored at MAKRO and may be collected by the validated winner.  Winners must collect the prize within 4 weeks from the time of being validated and notified that they are a winner to receipt of the prize.
3.17    It is the responsibility of the winners to provide delivery details and availability times that are accurate. Failure to do this will result in the winner having to collect the prize from the premises of MAKRO if delivery fails after 2 attempts, for any reason whatsoever and within 4 weeks from date of being notified. Failure to collect the prize within the time frame will result in the winner being automatically disqualified.

4    GENERAL
4.1    By entering the competition in accordance with its terms, you are entering a promotional competition for the purposes of the CPA and the promotional competition will be conducted in accordance with the relevant provisions of the CPA. Should you win a prize in the competition, you undertake to expeditiously do all things necessary to enable the promoter/sponsor 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    The winners name, card number and town/city will be published on the Promoters’ website and other media. The winner will be required to sign an acknowledgement of receipt of Prize and may be requested to be photographed and/or identified in any media, which is inclusive of but not limited to television, radio print publications and online sites in which the Competition receives exposure and for future marketing initiatives with the understanding that the winner may decline such an invitation.
4.3    The Participant hereby consents to the Promoters using and processing your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) in order to process your entry as stated herein as well as for any marketing and future promotions, if opted in. The Participant can refer to the Privacy Notice available at https://www.massmart.co.za/privacy-centre to confirm how the Promoters will process your Personal Information. Any personal information relating to the winner or an entrant will be used solely in accordance with the CPA and POPIA and will not be disclosed to a third party without your prior consent.
4.4    By participating in the Competition, you consent to the sharing your personal information between the Promoters and its affiliates including holding and subsidiary companies.   
4.5    By posting any content, images, or comments on any of the Promoter’s public and/or social media platform or by sending any such content to the Promoter, a Participant consent to and gives the Promoter a world-wide royalty free licence to reproduce, modify, adapt and publish such content, images or comments for the purposes of promoting the Promoter’s products and/or services.
4.6    The promoters shall conduct the competition, and the Promoters’ decision on any matter related to the competition, including the selection of prize winners is final, binding and no correspondence will be entered into.
4.7    A copy of these rules can be found at www.makro.co.za and www.nestle-esar.com/brands/competitions . Any queries can be answered by reference to the websites or by calling the consumer services division on 086 009 6116 during office hours throughout the period of the competition.
4.8    The above Rules are severable. This means that if any one rule is found to be unlawful, it will be removed and the remaining Rules will still apply. 
4.9    Any violation or attempt to violate any of the above Rules will result in the immediate disqualification of the Participant.

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