1. This Bakers® Choice Assorted Festive Radio Competition (“Competition”) is organised andconducted by National Brands Limited (“NBL”), (situated in the Republic of South Africa), a subsidiary of the AVI Limited Group of companies (a public company registered in the Republic of South Africa) including their affiliates, partners, associations and agent (“Promoter”).
2. The Competition is run in association with Metro FM, Ukhozi FM and Gagasi FM radio stations (“the radio stations”) but the Promoter of the Competition remains National Brands Limited.
3. The Competition starts on Monday, 4 December 2023 and ends on Sunday, 24 December 2023 on all the radio stations. Entries received after the indicated closing date will not be considered.
WHO CAN ENTER?
3. Participants must be 18 years or older, or if under 18 years old, must be duly assisted by a legal guardian) and have a valid identity document or passport and reside in the Republic of South Africa during the period of the Competition, up to and including the dates of determination of the winners and prize redemption dates (“Participants”/”you”/”your”).
4. Participants may not enter or receive a prize if they are directors, members, partners, employees, agents of or consultants of the Promoter, their subsidiaries, holding companies, divisions and/or associated companies; or of the advertising or promotion agencies or any other person who directly or indirectly controls or is controlled by the Promoter, or their spouses, life partners, immediate family members or business partners.
5. By entering this Competition, all Participants agree to be bound by these terms and conditions, and the Promoter’s decision regarding any issue with the Competition will be final and binding and no correspondence will be entered into.
6. The Competition is not open to entry by or on behalf of a legal entity and Participants cannot us the account of a legal entity to enter the Competition. Entries must be submitted by the Participant themselves and not by a third party on the Participant’s behalf.
HOW TO ENTER
7. To enter this Competition Participants need to SMS the name of their favourite Bakers® Choice Assorted® biscuit together with the reason why it is their favourite, to the SMS number provided by the radio station.
8. Entries must be relevant to the theme stipulated to be eligible for entry into the draw. Incomplete, irrelevant or incorrect entries will not be eligible to be considered.
9. Multiple entries from the same Participant are allowed but Participants will not be allowed to win more than 1 (one) prize.
10. Standard SMS rates apply.
11. Entries generated by any form of automated means that subvert the entry process or do not conform to the terms or spirit of the Competition rules, may void the entry and may disqualify the Participant.
PRIZES
12. The prizes are cash prizes of R5 000 each.
13. Each radio station will give away prizes of R15 000 to a total value of R5 000.00 (Five Thousand Rand) per week for the duration of the Competition.
14. The total potential value of the prizes to be given away over the entire duration of the Competition will be R15 000.00 (Fifteen Thousand Rand) per radio station. The total potential value of all prizes to be given away over the duration of the Competition on all of the radio stations will be R45 000.00 (Forty-Five Thousand Rand).
15. The prizes are not transferable or negotiable.
16. The Promoter reserves the right to substitute the prizes for alternative prizes of equal or greater value should the prizes not be available due to unforeseen circumstances.
17. The prizes do not cover any other costs of the Participants whatsoever.
DETERMINATION OF WINNERS
18. All entries received will be entered into the random draws to be done by the Promoter’s agent.
19. Potential winners will be contacted by the Promoter’s agents on the telephone number used to enter the Competition. The potential winners will be requested to provide their contact details. If a selected potential winner does not respond when being contacted, the potentialwinner will automatically be disqualified from the Competition and a replacement potential winner will be drawn and contacted until such time as a potential winner responds when being contacted.
20. Potential winners will be required to provide proof of identity and proof of a valid South African bank account. Once verified the prizes will be awarded. Potential winners who cannot be verified (within the Promoter’s sole discretion) will automatically be disqualified from the Competition and a replacement winner will be drawn.
21. The cash prizes will be paid by the Promoter by electronic funds transfer to the winner’s valid South African bank account within 6 (six) weeks of the winner having been verified. Proof of payment to the bank account provided will constitute acknowledgment of receipt by a winner.
22. There will be a total of 9 (nine) winners over the duration of the Competition, 3 (three) winners on each radio station.
23. As Participants will be contacted by telephone on the telephone number direct message on the telephone number used by them to enter the Competition, Participants are advised to monitor their telephones for incoming calls and ensure that their settings allow them to receive calls from the Promoter’s agents, failing which the prize may be forfeited. The Promoter and/or the radio stations are not responsible for any entry not received by the radio stations for any reason whatsoever. Only entries that are received by the radio stations at the cut-off times will be considered.
24. Potential winners will only be contacted by Promoter’s agents. Neither the radio stations nor the Promoter are in any way liable for any damages or losses suffered by a Participant who is contacted by or engages with any fake account purporting to be or represent either the radio stations and/or the Promoter. Participants are encouraged to report any suspicious accounts.
25. Only Participants who have complied with the entry requirements for the Competition will entered into the draw process from which winners will be selected. All valid and complete entries will qualify for and be entered into the draws.
26. The Promoter reserves the right to disqualify a Participant or select alternative winners in the event that they reasonably believe, in their sole discretion, that: (i) a winner is not eligible to win; (ii) a winner has contravened any of these terms and conditions; (iii) a winner has acted in a manner that is not in the spirit of the Competition; (iv) a winner’s conduct can be reasonably interpreted as scamming or circumventing the rules of the Competition; (v) a winner has acted fraudulently with regards to the Competition; (vi) it would be unlawful to award the prize; or (vii) if the winner fails to accept the prize after 3 (three) attempts for any reason whatsoever, or if after first being contacted by the Promoter, is not reachable, or the winner fails to provide the Promoter with the required information to verify the entry or to hand over the prize. In these instances, the winner will be disqualified and forfeit the prize. The Promoter’s decision shall be final and no correspondence will be entered into.
27. Announcement of the winners’ names will be done through the radio stations’ social media pages. Entry into this Competition is deemed to be consent to publish winners’ names. Should a Participant not consent to publication of their name they should not enter the Competition. GRANTING OF RIGHTS IN CAPTIONS AND/OR IMAGES AND/OR VIDEOS
28. Participation in the Competition may require that a winner’s name be mentioned on radio or displayed on the radio stations and Promoter’s social media accounts or websites, without any liability to the radio stations and/or the Promoter, or remuneration being due to the winners.
SHOULD YOU NOT AGREE THERETO, DO NOT ENTER THE COMPETITION.
29. The Participant grants to the radio stations and/or the Promoter the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the captions and/or images and/or videos in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Participant. Participant further agrees, upon the Promoter’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights.
PUBLICITY AND DATA PRIVACY
30. Other than as provided in clause 30, the winners have the right to decline permission to use their name or image in marketing material or participate in any marketing activity. Should the winners verbally or otherwise agree to it, the radio stations and/or the Promoter may publish the winners’ name and images on, including but not limited to, the radio stations’ and/or Promoter’s social media accounts or website, if applicable, without any liability to the Promoter or remuneration due to the winners.
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31. By entering, a Participant acknowledges that personal information about the Participant will be shared with the Promoter and their agents to the extent necessary to conduct the Competition and for prizes to be delivered to prize winners. Such personal information will be processed in accordance with the provisions of the Protection of Personal Information Act, 4 of 2013. Participants who have questions regarding any matter relating to their privacy or their personal information, or if they believe there has been a breach of their privacy or their personal information, may either contact the Promoter or, file a request for access to personal information in accordance with the AVI Manual in terms of Section 51 of the Promotion of Access to Information Act, No 2 of 2000 available at https://www.avi.co.za/wp content/Instagram uploads/2017/03/Promotion-of-Access-to-Information-Manual.pdf; or, submit a complaint to the Information Regulator in the prescribed manner and form – (https://justice.gov.za/inforeg/index.html).
32. Should the Participant have elected to receive marketing communication from the Promoter and other AVI Limited Group brands, the Participant’s contact details will form part of the Promoter’s database and they will receive marketing communication on, including but not limited to, upcoming promotions, competitions and offers related to AVI Limited Group brands. The Participant’s personal information will be shared with the AVI Limited Group brands and their agents to the extent necessary to ensure they receive this communication either, via email, or SMS, and for prizes to be delivered to prize winners for example. Should a Participant wish to remove their details from this database at any stage, please select the opt-out option made available to you or contact the Promoter’s consumer care line.
33. Nothing in these terms and conditions 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 Promoter in terms of the law of the Republic of South Africa should and terms or conditions be found to be in conflict with any laws, they will be severable from the remaining terms and conditions contained herein.
GENERAL
34. All publicity and other materials will be the sole property of the Promoter.
Please note that the following terms require you to take on risk, limit the liability of the Promoter and indemnify the Promoter. Please read them carefully and contact the Promoter if you have any questions!
35. The Promoter reserves the right to shorten, extend, suspend the time period of the Competition or terminate the Competition whenever it should so choose for technical, commercial, or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within their sole discretion. The Competition, its prizes, and terms and conditions may be amended by the Promoter, at any time during the Competition, and will be applied and interpreted within the Promoter’s sole discretion. In such an event, all Participants waive any rights that they may have/purport to have in terms of this Competition, and acknowledge that they will have no recourse against the Promoter whatsoever.
36. The Promoter is not responsible for:
36.1 entries that are lost, late, illegible/garbles, corrupted, misdirected, defective, inaccessible, compromised, incomplete, damaged or delayed, and all such entries are void and will not result in Competition entry;
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36.2 any entry that is not delivered, received or is delayed or damaged due to technical reasons or failure on the part of a Participant’s service provider. Proof of sending is not proof of receipt.
37. To the fullest extent permitted by law, by participating, the Participant indemnifies, releases and agrees to hold harmless the Promoter, their associated, holding and subsidiaryCompanies, and its directors, officers, agents, representatives, shareholders, employees,bsuccessors and assigns from any and all claims or liability arising from participating in thebCompetition, any Competition-related activity and/or acceptance, receipt, possession or use/misuse of any prize.
38. To the extent permitted by law, the Promoter will not be liable in any way whatsoever, for any claims arising from loss, injury, damage or costs, suffered by a Participant in relation to this Competition or the prizes offered, including but not limited to claims relating to defects in the prizes or any losses caused by such defects or losses arising from incorrect or inaccurate information supplied by Participants.
39. The Promoter will not be liable for any loss suffered as a result of incomplete or incorret Information provided.
40. The laws of the Republic of South Africa will govern these competition terms and conditions.
41. A copy of the terms and conditions is available at https://www.avi.co.za/terms-and conditions/ and/or https://www.metrofm.co.za and/or https://www.ukhozifm.co.za and/or https://www. https://gagasiworld.co.za/ .
42. The Promoter is situated at 30 Sloane Street, Bryanston, Gauteng.