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  2. NESTLÉ KITKAT WHEN TECH BREAKS COMPETITION MARCH-APRIL 2024

NESTLÉ KITKAT WHEN TECH BREAKS COMPETITION MARCH-APRIL 2024

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 Wunderman Thompson (Pty) Ltd South Africa (“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 25 March 2024 and will end on 25 April 2024 (“Promotional Period”). No entries received after midnight 23:59 on 25 April 2024 will be considered. The first and second winners will be selected within the promotional period with the third winner being selected upon closure of the competition.
     
  4. Competition Mechanics
    4.1. To participate in this competition, participants are required to
        1. Record a video no longer than 15 seconds of an instance of tech breaking/ glitching and themselves proceeding to take a bite / eating a KitKat after showing us the instance of tech breaking/ glitching. e.g. laptop freezing, Cellphone Glitching, faulty screens etc. Participants may use the phrase “When tech breaks, so should you,” as a guide for their recording. (i.e. Show the moment of tech breaking/ glitching when they say “When tech breaks,” and record themselves taking a bite of a KitKat after they say “so Should you.”
        2. The participant needs to then upload the video/ post the video to the feed of any of their following social media platforms: Instagram, TikTok, X, Facebook
        3. Participants are to then tag KitKat’s corresponding account on their submissions (Instagram: @kitkatsouthafrica, TikTok: @KitKat_SA, X and Facebook: @KitKatSA) as well as use #Whentechbreaks in their post copy.
     
  5. The Prizes
    1. Participants in this Competition stand a chance to win one of the following prizes:
    2. 1 (one) of 3 (three) Local South African Experiences for you and a partner/ friend worth R50 000 (fifty thousand) each. which includes flights, accommodation, Itinerary elements and transport to the airport if necessary.
    3. Winners will have a choice of the type of South African Experience they would want, between a seaside experience, a safari experience or a staycation experience whereby the prize elements will be customized according to the experience chosen.
    4. Prize elements will ultimately be decided by the Promoters upon selection of the type of experience the winner wants. Prizes will exclude spending money for the winners.
       
  6. Claiming your Prize
    1.  All unique/positive entries will be entered into RANDOM DRAW(S) that will be held in the week of the 4 April 2024 (1st winner) 18 April 2024(2nd Winner)), 25 April 2024 (3rd winner).
    2. A total of 3 (three) Prize winners will be selected from the above-mentioned draws. 1 (one) prize winner per draw.
    3. The Promotional Period dates are subject to change for whatever reason Nestlé or the Promoters deem fit.
    4. Potential prize winners will be contacted via their respective social media accounts that they submitted the entries on.
    5. At the time that a potential prize winner is identified, the potential prize winner will receive an email or phone call or direct message 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 a copy of his/her ID/, Passport, valid permit/ passport and/or driver’s license to the Promoters representative.
    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 requirements have been met. Once all necessary information has been validated, the potential winner is could be selected as the final winner. The final winner may be required to submit additional documentation as determined by Nestlé. If a potential prize winner does not meet the eligibility requirements, the prize will be forfeited, and a runner-up will be deemed the new winner 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.
    7. If Promoters are unable to reach any of the potential prize winners after 3 (three) attempts made within 3 (three) working days, for whatsoever reason, including incorrect telephone numbers or inoperative telephone numbers or no answer to the DM, such a potential winner will be disqualified, and a runner-up selected subjected 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.
       
  7. Promotional Material and Marketing Activities
    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.
    2. Should this become necessary, the winners may be required to sign a letter of consent and Nestlé shall have the right to use any photographs of any of the winners in perpetuity.
    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
    1. The judges’ decision is final, and no correspondence will be entered into.
    2. Nestlé may require each winner to complete and submit an information disclosure agreement to enable Nestlé to ensure compliance with these Rules.
    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.

    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.
       

    5. The prizes are not transferable, and no substitution or cash redemption of prizes is permitted.   A prize will not be handed/awarded to a third party, but only to the verified prize winner.
    6. The Promoters reserve the right, at their sole discretion, to substitute the prize with any other prizes of comparable or greater commercial value for whatever reason.
    7. Prize visuals on any competition and/or promotional materials are for illustrative purposes only.
    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.
    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). Additionally, by entering this Competition, you authorise the Promoters 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 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.
    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.
    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.
    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.
    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”).
    14. All Participants participate entirely at their own risk. By reading and accepting these Rules, each Participants gives 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.
    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.
    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.
    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.
    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.
    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.
    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.
    21. 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.
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