NESTLÉ LACTOKID COMPETITION – SEPTEMBER 2024 TERMS & CONDITIONS

1. Introduction
   1. Participation in this Competition is governed by these terms and conditions (the “Rules”).
   2. You, as a participant, are encouraged to review the Rules before entering the Competition and acknowledge that you have been given an appropriate opportunity to do so and that you understand and accept these Rules.
   3. This competition is operated by Nestlé (South Africa) (Pty) Limited (“Nestlé”) in conjunction with VML South Africa (collectively the “Promoters”).
   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.

1. This Competition is limited to legal residents and/or legal citizens of the Republic of South Africa, specifically parents who have children between the ages of 3-5. In addition, the following people shall not be eligible to participate in this Competition: 
   1. Directors, members, partners, promotional and advertising agents, merchandisers, employees, or consultants of the Promoters.  
   2. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.  
   3. People who are not legal residents and/or legal citizens of the Republic of South Africa.  
   4. Persons under the age of 18 years.  
2. Campaign Period
   The Competition shall commence on 9 September 2024 and will end on 9 October 2024 (“Promotional Period”). No entries received after 9 October 2024 will be considered.  
3. Competition Mechanics
   1. To participate in this Competition, Participants are required to share a happy moment shared with their child on the NESTLÉ® LACTOKID® 4  TikTok post, to stand a chance to win 3 x 1.8kg packs of LACTOKID 4. This Competition is only open to parents who have children between the ages of 3-5.  
   2. Participants may enter the Competition a maximum of 1 (one) time over the Promotional Period, subject to the condition that only one prize per household and per person will be allowed.
4.  The Prizes
   Your participation in this Competition gives you the chance to win 3 tins of NESTLÉ® LACTOKID® 4 1.8kg.
5.  Claiming your Prize
   1. All unique/positive entries will be entered into a random draw based on the responses shared by participants of happy moments shared with the child.
   2. A total of 30 winners will be selected from the above-mentioned draw.
   3. At the time that a potential prize winner is identified, the potential prize winner will receive a direct message (DM) from a representative of the Promoters on their TikTok account, 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 a copy of his/her identity document and/or driver’s license to the Promoters representative.
   4. 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 potential winner meets the eligibility requirements. 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 selected as part of the re-draw will also have 48 hours to produce the relevant documentation before forfeiting the prize and a runner up being chosen.  
   5. 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 entry 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 subjected to the terms and conditions herein. A potential prize winner selected as part of the re-draw will also have 48 hours to produce the relevant documentation before forfeiting the prize and a runner up being chosen.  
6. 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 the Promoters 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.
7.  General
   1. The judges’ decision is final, and no correspondence will be entered into.  
   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.  
   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 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.
   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 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. 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.  
   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”).  
   13. 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.
   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.  
   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.
   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.
   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.  
   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.
   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.
   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.
   21. Disclaimer: IMPORTANT NOTICE. NESTLÉ® LACTOKID® 4 is not a breastmilk substitute and is formulated to meet the changing nutrition needs of healthy children older than 3 years.