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The Whip, Whisk and Wow: Cook Off 2024 Terms and Conditions

1. Introduction
  1.1Participation 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 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®”).
  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 Nestlé®. 
  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 18th of June 2024 at 00h00 and will end on 7th of July 2024 at 23h59 (“Promotional Period”). No entries received after 7th of July 2024 will be considered.

4. Competition Mechanics
  4.1 To participate in this competition, participants are required to upload an image of themselves with their cooked or baked winter recipes or winter treats in terms of the parameters in 4.4 below and by using the Nestlé® Recipes With Love participating products listed below.
  4.2 Participants must upload an image of the dish they have made using the participating products in which the participating products is the hero of the dish. Participants are encouraged to use other Nestlé products in conjunction with any participating products in their recipe to score more points and stand a better chance of winning.
  4.3 Participating Products include:
    4.3.1 Nestlé ® KLIM ®
    4.3.2 Nestlé ® Gold Cross Sweetened Condensed Milk
    4.3.3 Nestlé ® Sweetened Condensed Milk
    4.3.4 Nestlé ® Whipping Cream
    4.3.5 Nestlé ® Cocoa
    4.3.6 Nestlé ® Ideal Evaporated Milk
    4.3.7 Nestlé ® Caramel Treat
    4.3.8 Nestlé ® Dessert Cooking and Baking Cream
  4.4 The following are the requirements / parameters of the post:
    4.4.1. Image must be clear and posted on the participant’s user account and tagging the Nestlé® Instagram or Nestlé® Facebook Recipes with Love pages found at https://www.facebook.com/nestleRecipesWithLove and https://www.instagram.com/nestlerecipeswithlove/;
    4.4.2. The name of the recipe must be included on the post. 
    4.4.3. Participants are encouraged to include the preparation of the dish on the post.
  4.5 Participants may enter the competition as many times over the Promotional Period. Only one prize per household and per person.
  4.6 Participants must enter the competition using a social media account registered in their name.

5. The Prizes
  5.1 Participants in this Competition stand a chance to Win: 
a. Top 10 winners:  The selected 10 finalists judged on creativity, presentation, and adherence to the theme will be invited for a cook-off with their plus 1 at our Nestlé® professional kitchen showcasing their cooking/baking skills. The top 10 finalists will receive a R2000.00 (Two thousand rands) grocery shopping voucher just for making it into the top 10.
  5.2 Cook off Day (13th of July 2024):
Each of the 10 finalists will be provided designated cooking/baking stations equipped with the necessary ingredients and equipment. The Top 3 Winners on the day based of the judges score will be awarded the below amazing prizes;
b. 1st Prize: Kitchen-Aid Artisan 4.8L Tilt-Head Stand Mixer and your recipe featured on the Recipes with Love Social Media Platform and website;
c. 2nd Prize: Kitchen Aid -Artisan Blender K400;
c. 3rd Price: SMEG Variable temperature kettle 50's Style.

6. Claiming your Prize
  6.1. 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.
  6.3. All physical prizes (as stated above) will be handed over to the respective winners on the day (13th of July 2024) of the cook off.
  6.2. At the time that a potential prize winner is identified, the potential prize winner will receive a telephone call from a representative of the Nestlé® 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 Nestlé®’s representative.  
  6.3. 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 recipe and images uploaded have been evaluated and validated. 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 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.
  6.4. If Nestlé® is 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 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.
  6.5. Eligible winners will have their prizes delivered to them by a representative of Nestlé® based on the information they will have shared via the above-mentioned telephonic conversation.

7. Promotional Material and Marketing Activities
  7.1 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.
  7.2 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.
  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 Nestlé® may require the winner to complete and submit an information disclosure agreement to enable Nestlé® to ensure compliance with these Rules. 
8.3 Should the winner be found, in Nestlé® 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 Nestlé®’s 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 Nestlé®, be harmful to the goodwill and/or reputation of any of the Nestlé®; 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 Please note, no transportation will be provided or covered for the top 10 finalists and their plus one to attend the Cook-off Day at the Nestlé® offices in Bryanston, Johannesburg.
8.7 Should the selected finalist be unable to attend the Cook-Off please notify the team that contacts you 5 days prior to the cook-off. 
8.8 Nestlé® reserve the right, at their sole discretion, to substitute the prize with any other prize of comparable or greater commercial value for whatever reason.
8.9   Prize visuals on any competition and/or promotional materials are for illustrative purposes only.
8.10 By entering, a Participant acknowledges that personal information about the Participant will be shared with Nestlé® and their agents to the extent necessary to conduct the Competition and for prizes to be delivered to prize winners.
8.11 In terms of the data protection laws and Nestlé’s Privacy Notice, Nestlé and/or Nestlé® 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 this Competition that you agree that we may process your personal information as indicated above.
8.12 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/pravicy. 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. 
8.13 By entering this Competition, you authorize Nestlé® 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. 
8.14 Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall always 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 Nestlé®. 
8.15   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 Nestlé® in terms of the Consumer Protection Act, 68 of 2008 (the “Act”). 
8.16 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 Nestlé®, 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 willful misconduct of Nestlé®.
8.17 Nestlé®, 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. 
8.18 Nestlé®, 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 Nestlé® themselves.
8.19 Nestlé® 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®, their advertising agencies, advisors, suppliers and nominated agents.
8.20 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 Nestlé® to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required 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. 
8.21 Notwithstanding anything to the contrary contained in these Rules, Nestlé® 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 Nestlé® deem necessary. At the end of the Competition for whatsoever reason, Nestlé® obligations regarding the Competition as well as regarding the prizes shall cease to exist.
8.22   It is a condition of participating in the Competition that the Participant warrants that their recipe and any image(s) uploaded is/are original and does not infringe the intellectual property of any third parties. The Participant assigns all rights, title and interest in their recipe and any image(s) uploaded to Nestlé’s Instagram or Facebook page without compensation. The Participant further agrees not to object to Nestlé’s use of the recipe and any image(s) uploaded. Nestlé may, if required request that a Participant complete any documentation necessary to give effect to this assignment of right, title and interest of the recipe and any image(s) uploaded to Nestlé.
8.23 Nestlé® reserves the right at its own discretion without having to give reasons for this to immediately remove any recipe and any image(s) uploaded or disqualify a Participant if his/her recipe and any image(s) uploaded or any aspect thereof is alleged to be an infringement of any 3rd party’s rights, including intellectual property rights such as copyright, patents, designs, trademarks, confidential information, etc. If this happens, Nestlé® will not be legally responsible to any person and the winner will forfeit the prize or the remaining value thereof. Nestlé does not have to investigate the validity of such 3rd parties’ complaints before exercising these rights.
8.24 The Participant agrees to hold Nestlé® harmless against any claims by parties that his/her recipe and any image(s) uploaded or any aspect thereof infringes their rights in any way. This means that if Nestlé® is sued, the Participant will, at Nestlé®’s discretion, defend Nestlé against such claims and/or pay back any legal costs or expenses, or amounts Nestlé paid or must pay in damages to any person or to settle any claim, back to Nestlé®. Legal costs and expenses will be calculated on an attorney and own client scale. It will be the Participant’s sole responsibility to conduct, at his/her cost and prior to submitting his/her entry for the Competition, all the necessary checks to determine whether his/her recipe and any image(s) uploaded, or any aspect thereof infringes any third party’s rights. 
8.25 Facebook and/or Instagram: This Competition is in no way organized, endorsed, or administered by, or associated with, Facebook and/or Instagram. You understand that you are providing your information to Nestlé® and not to Facebook and/or Instagram. 
8.26 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.
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.