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NESTLÉ BAR ONE•#Need Energy CAMPAIGN TERMS & CONDITIONS

REPUBLIC OF NAMIBIA

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 you have been given an appropriate opportunity to do so and that you understand and accept these Rules.
1.3    This competition is operated by Nestlé (South Africa) (Pty) Limited (“Nestlé”) in conjunction with WUTCA Trading 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 NAMIBIA. 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 NAMIBIA
2.4    Persons under the age of 18 years. 

3.    The Competition shall commence on 01 July 2023 and will end on 31 August 2023  (“Promotional Period”). No entries received after midnight on 31 August 2023 at 23:59:59PM  will be considered. 

4.    Competition Mechanic
To participate in this Competition, Participants must adhere to the following:
4.1    Buy any 3 Nestlé Participating Products (listed below) in a single transaction at any of the Participating Stores (listed below) in Botswana during the Promotional Period;
4.2    Complete the entry form (All details captured in the entry form must be the details of the individual entering the promotion i.e., the entrants not allowed to enter on behalf of another individual.)
4.3    Entry forms are then to be placed in the specific Nestlé Namibia entry form box found in Participating Stores.
4.4    Entrants must keep their till slips as proof of purchase. Failure to produce a till slip if required will result in the Participant being disqualified 
4.5    Participating Products

No. Product Name
1. NESTLE BARONE 84g (2x42g)
2. NESTLE BAR ONE 52g
3. NESTLE BAR ONE 21g
4. NESTLE BAR ONE Mini Bag 189g

4.6    Participants may enter the competition as many times as they wish over the Promotional Period, provided that participants purchase any 3 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 will be permitted; i.e. within the same family or immediate family residing in the same abode unless proof of purchase can be obtained.
4.7    The mobile number provided on the receipt is key to all entries, if the entrant has won on a mobile 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    The winners will be determined by random draws. All the draws will take place at WUTCA Trading Head Office in Windhoek, on 15 September 2023 at 090h00. For a start, there will be random draws that will be conducted, one for each of the Participating Stores, to select one potential winner for each of the Participating Stores. The potential winners of each of the Participating Stores will be placed in a FINAL WINNERS BOX. The final winners will be selected from the FINAL WINNERS BOX. 
4.9    WUTCA Trading staff will facilitate the draws with the assistance of stores’ representatives and Auditors. Winners will be picked from each store's entry box by the stores' representatives and details of the winners are verified by the Auditors.
 
5.    The Prizes
5.1    Participants entering this Competition stand a chance to win:
5.1.1    17 Smart Phones to be won by Participants who enter the competition at Participating Stores.
5.1.1.1    Each of the 141 Participating Stores will have one potential winner who will be selected using a random draw. The entries of each potential winner from each of the 141 participating stores will be placed in one FINAL WINNERS BOX. As a result, the FINAL WINNERS BOX will have 141 names who are individual potential winners from each of the 141 Participating Stores. From the 141 entries that will be in the FINAL WINNERS BOX, only 17 final winners will be selected through a random draw and these 17 final winners will each receive a smart phone.
5.2 Promoters reserve the right to contact winners if unfair play is suspected and to forfeit the prize and disqualify and block the participant if it is found to be the case.

6.    Claiming your Prize
6.1    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 NAMIBIA ID to the Promoter’s representative.
6.2    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 will be deemed the potential prize winner subject to the terms and conditions herein. 
6.3    If the Promoters or the organisers of the Competition are unable to reach any of the potential prize winners within 3 months from the draw date, for whatsoever reason, such winner will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein. Efforts to reach the winner will be exhausted over the 3 months period e.g. 1 phone call a day and one SMS per week.
6.4    Winners with incorrect telephone numbers or inoperative telephone numbers will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.
6.5    Winners of the Prize will be expected to collect their prizes from the store where they entered the competition within 14 days of being notified by Nestlé or a Nestlé representative to collect their prize from the store.
6.6    It is the responsibility of the winners 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 on redemption of their prize.
6.7    Should the winner not collect their prize from the relevant store and/or Nestlé offices within the 14-day period stipulated above, the prize will be forfeited and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.
6.8    The prizes are not transferable, and no substitution or cash redemption of prizes is permitted.

7.    Promotional Material and Marketing Activities
7.1    The Promoters may require the winners (at no fee) to be identified, photographed and the photograph(s) or related article published in printed media, or to appear on radio and television or social media, 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.

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 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 the Promoters. 

8.    General
8.1    The draw is final, and no correspondence will be entered into. Nestlé and/or any of its agencies may refuse to award a prize to a participant if there is suspicion of any irregularities or fraudulent activities. 
8.2    The Promoters may require each winner to complete and submit an information disclosure agreement to enable the Promoters to ensure compliance with these Rules. 
8.3    Should a 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, that winner 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 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.
8.6    The Promoters reserve the right, at their sole discretion, to substitute a prize with any other prizes 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 the Competition, 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 received directly from you and belonging to you: name; address; email address; 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 REPUBLIC OF NAMIBIA 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.
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    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, each Participant 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.
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 the Promoters 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 [email protected] or call us on +27 86 009 6116/+27 11 514 6116.