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COMPETITION TERMS & CONDITIONS NESTLÉ HERITAGE DAY COMPETITION
1. Introduction
1.1. Participation in this Competition is governed by these terms and conditions (the “Rules”).
1.2. This competition is operated by Nestlé (South Africa) (Proprietary) Limited (“Nestlé”) inconjuction with Weber Shandwick (“the Promoters”).
1.3. Participants are encouraged to review the Rules before entering the Competition and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these rules.
1.4. A participant’s participation in the Competition constitutes acceptance of these Rules and Participants agree to abide by these Rules
2. Eligibility
2.1. This Competition is limited to legal residents and/or legal citizens of the Republic of South Africa in possession of a valid form of identification. In addition, the following people shall not be eligible to participate in this Competition:
2.1.1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of Nestlé.
2.1.2. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.
2.1.3. People who are not legal residents and/or legal citizens of the Republic of South Africa.
2.1.4. Persons under the age of 18 years.
2.2. Participants are required to have a Facebook account owned and registered in their names to participate in this Competition.
2.3. Participants may not be employees of or former employees (within the last six (6) months) of the Promoters or of brands that are direct competitors of the Nestlé brand.
3. This Competition shall commence on 18 September 2024 and will end on 30 September 2024 (“Promotional Period”). No entries received after midnight 23:59 on 30 September 2024 will be considered.
4. Competition Mechanics
4.1. To participate in this Competition, participants are required to click on a link on the Nestlé ESAR Facebook page and tell their favorite story or memory of the Nestlé brands namely, Ricoffy, Necafe, KitKat, BarOne, Milo, Nespray and Maggi that is centered around Heritage Day by commenting on the post that will be pinned to the top of the Nestlé ESAR page.
4.2. Participants are required to use their own discretion and creativity in telling their own, unique stories.
4.3. Any accounts that have been blocked by the Promoters accounts/pages on Facebook are not eligible to participate in this competition.
4.4. Participants are required to enter through a Facebook account that is owned and registered to that participant. Participants cannot use any other person’s Facebook account for purpose of participating in this Competition. If it is discovered that Participants have entered using a Facebook account that is not owned or registered to them, then such Participants will be disqualified.
4.5. No automated or computer-based entries will be allowed or accepted.
4.6. Entries that do not comply with these rules and which are deemed to be unclear, and ineligible will be invalid and will thus be disqualified.
5. Guidelines on Social Platform Entries:
5.1. Participants are required to adhere to the following guidelines for their Facebook entries. Entries that do not in the sole discretion the Promoters of comply with the following guidelines will be automatically disqualified:
5.1.1. entries that include phrases, materials and objects that are trademarked, copyrighted or owned by third parties, as well as entries that may infringe the any third party’s rights including but not limited to intellectual property rights.
5.1.2. entries that contain work created by a third party such as music, images or artwork,
5.1.3. entries that promote illegal activities or promotes activities that appear to be unsafe or dangerous.
5.1.4. entries that promote any political agenda or message, is obscene or offensive or endorses any form of hate.
5.1.5. entries that are inappropriate, indecent, sexually explicit or suggestive, unnecessarily violent, profane, obscene or derogatory.
5.1.6. entries that violate any law, statute, ordinance or regulation.
5.1.7. entries that disparage, slanders or libels any third party, organizations, companies or any other brands.
5.1.8. entries that mention any competitive brands; and
5.1.9. entries that were previously submitted in any other competition of a similar nature.
6. By participating in this Competition and submitting an entry, Participants consent to and hereby grant Nestlé a royalty free, irrevocable, perpetual, sublicensable, non-exclusive right and license to use, reproduce, modify, publish, create derivative works from, and to display as well as post such entries on any Facebook that Nestlé deems appropriate. The Participants also grant Nestlé the right and license to incorporate the entries into any other work, in any form, media or technology including for promotional and marketing purposes. Where required, Participants may be required to sign any documentation that may be required by Nestlé to make use of the non-exclusive rights set out in this term and condition.
7. The fifty (50) prize winners will at the end of the Promotional Period be determined in accordance with the provisions of clause 8 below.
8. Process to Determine 50 (fifty) hamper winners
8.1. The top 50 (fifty) hamper winners will be determined at the discretion of the Promoters if the entrant fulfils all the criteria as outlined below. At the selection of the finalists, a representative of Nestlé’s legal team will be present and the following criteria will be used in assessing the entries and to select a winner:
8.1.1. Originality (25%).
8.1.2. Fit with brand (25%).
8.1.3. Social media friendliness: (25%).
8.1.4. Adheres to guidelines: (25%).
8.2. Nestlé’s decision is final, and no further correspondence will be entered into.
9. The Prizes
9.1. Participants in this Competition stand the chance to win:
9.1.1. A Nestlé hamper to the value of R550 each
9.2. A total of 50 winners will be given a hamper each worth R550.
10. Claiming Your Prizes
10.1. At the time that the potential fifty (50) winners are identified, such potential winner will receive a direct message (DM) from a representative of Nestlé to the Facebook page which they used to submit their entry for this Competition. The winners may be required to answer a few questions regarding their eligibility as well as be requested to submit certain documents such as proof of identification to the Promoters’ representatives.
10.2. 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.
10.3. Where applicable, the eligible fifty (50) winners will have their prizes delivered, in which instance a physical delivery will be necessary. Should delivery of the prizes be unsuccessful after three (3) attempts the prizes will be stored by at the Promoters’ premises and may be collected by the validated winner within three (3) months after which the prize will be forfeited.
11. Promotional Material and Marketing Activities
11.1. Nestlé 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.
11.2. 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.
11.3. The winners have a right to decline the invitation to use their image in marketing material or to participate in any marketing activity.
12. General
12.1. The Judges’ decision is final, and no correspondence will be entered into.
12.2. The Promoters may require the winners to complete and submit an information disclosure agreement to enable the Promoters to ensure compliance with these Rules.
12.3. Should the winners be found, in the Promoters’ sole discretion not to be eligible to be a finalist or to win; or not to have complied with these Rules; or that their conduct can be reasonably interpreted as constituting scamming; or as being fraudulent with regards to the Competition; and if it would be unlawful to award the prizes, they will automatically be disqualified and/or the prize will be forfeited. The winners may also be required to sign acceptance of prize forms and indemnity documents.
12.4. The prizes are not transferable, and no substitution or cash redemption of prizes is permitted. The prizes will not be handed/awarded to a third party, but only to the winner.
12.5. The Promoters reserve the right, at its sole discretion, to substitute the prizes with any other prizes of comparable or greater commercial value for whatever reason.
12.6. Prize visuals on any competition and/or promotional materials are for illustrative purposes only.
12.7. By entering, a Participant acknowledges that personal information about the Participant will be shared with Nestlé and its agents to the extent necessary to conduct the Competition and for the prizes to be delivered to prize winners.
12.8. 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). Additionally, by entering this Competition, you authorise Nestlé to process your personal information 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. 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.
12.9. 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.
12.10. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants that take part in any broadcasting or publicity campaigns 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 Nestlé.
12.11. Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations created for either the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 (the “Act”).
12.12. 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 Nestlé.
12.13. Nestlé, its 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 prizes 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.
12.14. Nestlé, its 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 Nestlé itself.
12.15. 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 Nestlé, its advertising agencies, advisors, suppliers and nominated agents.
12.16. 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.
12.17. Notwithstanding anything to the contrary contained in these Rules, Nestlé reserves 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 Nestlé deems necessary. At the end of the Competition for whatsoever reason, all of Nestlé’s obligations regarding the Competition as well as in regard to the prizes shall cease to exist.
12.18. This Competition is in no way organised, endorsed or administered by, or associated with Meta (Facebook). As a Participant, you understand that you are providing your information to Nestlé and not to Meta (Facebook).
12.19. 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.
12.20. For further information or enquiries please email our consumer services at [email protected] or call us on +27 86 009 6116/+27 11 514 6116.