COMPETITION TERMS AND CONDITIONS
The Terms and Conditions set out below apply to all participants submitting entries for the Cadbury Yours for Generations (“the Competition”).
By entering this competition, you agree to be bound by the terms and conditions of the Cadbury Yours
for Generations Digital Campaign, 2024.
THE PROMOTER AND ORGANISERS Cadbury Yours for Generations Promotion is conducted by Mondelēz South Africa Proprietary Limited, No 6 Woodmead Estate, 1 Woodmead Drive, Woodmead, Sandton, 2191, Tel: 011 253 4000
(“the Promoter”) their staff, directors, affiliated companies and third-party service providers
(collectively, the “Promoter”). Please read the Terms carefully and pay special attention to the clauses that are in bold, as they may limit our liability (responsibility) or involve some risk to you.
1. COMPETITION DURATION
1.1. The Competition starts at 09h00 on Tuesday 07th May 2024 and ends at 18h00 on Friday 31 July 2024 (Competition Period).
2. REQUIREMENTS
2.1. To qualify as an entrant into this Competition you must meet all the following:
2.1.1. be a natural person and be at least 18 (eighteen) years of age at the commencement of the Competition Period above;
2.1.2. be a citizen and/or legal resident of the Republic of South Africa;
2.1.3. be in possession of a valid South African Identity Document, resident/work permit and/or Driver’s License; and
2.1.4. be residing or be present in South Africa for the duration of the Competition Period and for the period during which the prize draws and the delivery or collection of the prize/s takes place.
2.2 Participation in the Competition excludes directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoter or any third parties involved in the execution of the Competition, either directly or indirectly (including but not limited to agencies, organisers and/or participating stores of the Competition) as well as the members of the immediate family (being spouses, life partners, parents, children, brothers, sisters, fathers and/or mothers) and/or business partners or associates of any of the aforesaid persons.
3. HOW TO ENTER
3.1 Listen to the broadcast on any of the following 3 (three) media platform every day for the duration of the competition (clause 1 competition duration) and use the WhatsApp number to enter via the WhatsApp Bot. You are required to follow the WhatsApp prompt accurately to qualify into the random draw.
3.1.1. Metro FM: – 27872405340
3.1.2. SABC 1,2 & 3: – 27872405340
3.2. To be selected as a potential winner and be featured in the Cadbury Yours for Generations Digital Promotion and stand a chance to R5000 plus a mystery surprise from Cadbury Dairy Milk, you must send #CadburyDairyMilkMemories to the WhatsApp number as indicated above and send up-to 90 seconds voice note telling us about your Cadbury Dairy Milk memories.
3.3. WhatsApp rates are in accordance with the entrant’s service provider.
3.4. A valid entry is classified as the successful voice note of a respectful Cadbury Dairy Milk Memory to the WhatsApp Bot, which is vetted by a panel of judges from the Mondelēz South Africa and their appointed Agency of Record.
3.5. Following the vetting process, the panel of judges comprising the Promoter and their appointed Agency of Record will choose five participants. These selected individuals will recount their Cadbury Dairy Milk memories in a 3-minute filmed content to be showcased on the Promoter’s website. Additionally, each participant will receive R5000 in cash along with a mystery surprise from the Promoter.
3.6. Participants who consent to the terms and conditions of this Competition, and who are not selected as winners of the aforementioned prizes, authorize the Cadbury Yours for Generations promoters to utilize their voice notes. These voice notes will be integrated and used as part of the Cadbury Dairy Milk thirty-second advert, scheduled for editing and airing on Metro FM over the weekends with-in the duration of the Competition (Clause 1 competition duration)
3.7. There are no forms to fill in and once you meet the requirements set out in paragraphs 2 and 3 above, you will automatically be entered into the Competition.
3.8. Should a Cadbury Dairy Milk Memory need to be edited, a new voice note via the WhatsApp Bot will need to do and will be treated as a new entry into the Competition.
3.9. Where a voice recording contains multiple parties, the entrant is responsible to ensure that their consent is obtained to appear or use of their voice in any submissions against this Competition. The Promoter will not be held responsible should a dispute arise between parties where an entrant to the Competition has not followed due diligence to obtain permission to use another person’s image or voice to enter the competition.
3.10. By entering the Competition, Consumers/Users grant the Promoter the right to use all content(Images, Text, Video, Voice Notes, Voice Recordings) in the campaign for the planned duration, without any legal claim to usage rights on the content and its placement.
3.11. The Promoter reserves the right to use content in their planned Advertising and Marketing Communications Material under the Competition for the period of the Competition.
3.12. Should the decision be to extend the Competition outside of 2024, The Promoter via their appointed Advertising Agency will engage with consumers to agree market related usage rights deemed appropriate and reasonable.
3.13. You may enter this Competition as many times as you want, however you will not be eligible to win more than one Prize.
4. CAN I PARTICIPATE IN THE PROMOTION MORE THAN ONCE?
4.1. Multiple entries will be permitted, subject to each entry being submitted separately and in accordance with entry requirements.
5. PRIZES
5.1. The Competition will afford the five selected participants a chance to win R5 000 in cash for their treasured selected memory which will form part of the Cadbury Yours for Generations Digital Promotion.
5.2. Selected winning memories will be decided by the Promoter and its appointed Agency of Record via a council of Marketing and Communication Specialists.
5.3. Cash Prizes are not transferrable and will be paid as instant cash with a pin which will be sent by an SMS to the winners verified cell phone number.
6. PRIZES (FULFILMENT)
6.1. The winner/s will receive their prizes in accordance with the filming dates as outlined below:
6.1.1 The winner (s) will be contacted by the Promoter for a filming of their Cadbury Dairy Milk memory at the location suitable to them.
6.1.2 The winner (s) will receive the cash prize of R5000.
6.1.3 The winner (s) will receive additional prize (surprise prize) thanks to Cadbury Dairy Milk
6.1.4 The winners (s) will have an opportunity to be interviewed by the Expresso team to share their memories on TV.
6.2 It is the Participants responsibility to provide the correct contact number when entering the Competition. If the contact number provided by the Participant is incorrect, the winner will forfeit the prize and it will be transferred to the next random selected entry.
6.3 All cash prize finalists will first be notified via telephone. In the event that a finalist is not contactable for 3 (three) consecutive days (3 contact attempts) then such finalist will forfeit their prize and another finalist will be randomly selected and the same process as described herein will be followed.
6.4 The Promoter reserves the rights to carry out reasonable due diligence to confirm eligibility and may refuse to award the prize to a participant if there is suspicion of any irregularities or fraudulent activities.
6.5 The Promoter reserves the right to carry out reasonable due diligence to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Competition will not bring the Promoter or any of the Promoter’s Brands into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Competition as determined by the Promoter in its sole discretion.
6.6 The Promoter reserves the right to withdraw the prize and/or disqualify any participant/winner that may bring the Promoter brands into disrepute.
6.7 Any dispute with number ownership (such as more than one individual claiming to be the owner of the same mobile/contact number – verbally or otherwise) will result in immediate disqualification of both the number and the individuals and no negotiation will be entered into.
7. INDEMNITY
7.1 To the extent permitted by the Consumer Protection Act and any other applicable law:
a. The Participant and/or winner(s) hereby indemnifies the Promoter, its associated companies, directors, officers, employees and/or agents against any direct, indirect, special, incidental, consequential, or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the Participants entrance to the Competition.
b. The Promoter excludes all warranties (express or implied), representations and liabilities regarding this Competition (other than for death or personal injury caused by its negligence and/or fraud) to the extent allowable by law.
7.2 The Promoter reserves the right, at any time, to verify the validity of Participants (including but not limited to a Participant’s identity, age and place of residence) and to reject any Participant who has not complied with these Terms and Conditions.
7.3 Errors and omission may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
7.4 Neither the Promoter nor its agents or distributors will have any liability in relation to this Competition.
7.5 By participating in this Competition, Participants agree to allow marketing material to be sent to them from the Promoter during and after the Competition Period. However, Participants will have the option to decline/opt out with every email received, with the exception of the first email.
7.6 The Promoter reserves the right to carry out reasonable due diligence to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Competition will not bring the Promoter or any of the Promoter’s brands into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Competition as determined by Promoter in its sole discretion.
7.7 If the Promoter is required by any law, to alter any aspect of the Competition or to terminate the Competition as a result of changes in legislation, the Promoter will have the right to terminate this Competition with immediate effect. In such event all participants hereby waive any rights which they may have against the Promoter and acknowledge that they will have no recourse or claim of any nature whatsoever against the Promoter, its agents and/or contractors.
7.8 In the event of any inconsistency between these Terms and Conditions and any terms and conditions printed or displayed on any marketing materials published or broadcast in any media (such as but not limited to the internet, television, radio, newspaper, magazines etc.) relating to the Promotion, the terms contained in these Terms and Conditions shall prevail.
7.9 The Participants acknowledge that the internet is not a secure medium and information submitted to competitions hosted on platforms owned or controlled by the Promoter or its appointed agencies may be accessed by third parties. The Promoter accepts no liability for loss resulting from entries to this Competition.
8. CONFIDENTIALITY
8.1 Participants of this Competition are voluntarily providing their personal information to the Promoter which shall be utilized for the purposes of this Competition, its associated agencies and the third-party service providers running the Competition in conjunction with the Promoter.
8.2 By entering this Competition, Participants authorize the Promoter to collect, store and use and share personal information of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should the Participant wish to be removed from all communication.
8.3 By entering this Competition, the Participant consents that the Promoter may use names and images taken of the winners and/or Participants for publicity purposes, without any further remuneration being payable to the winner. All promotional material will become the sole property of the Promoter. However, the Participant and/or winner has the right to decline participating in any promotional activity or to object to these images being used by written notification to the Promoter at No 6 Woodmead Estate, 1 Woodmead Drive, Woodmead, Sandton, Attention: Legal Department. The written notification is to reach the Promoter by no later than the last stipulated draw date.
9. DATA PROTECTION TERMS
9.1 The Promoter through subcontractors/sub processors may have access to specific information which can identify individuals who are consumers (known as “Personal Information” as defined by Protection of Personal Information Act). The Promoter and its subcontractors shall comply with all laws and regulations applicable to “Personal Information” and any related information.
9.2 Promoter through its sub processors warrants that any “Personal Information” will be collected in accordance with Protection of Personal Information Act.
9.3 By accessing the Yours for Generations Promotion, the data subject gives consent to the processor to process the Personal Information related to participation in the Competition.
9.4 Personal information will be retained as long as reasonably and legally required to perform the obligations under the terms of the Competition.
10 GENERAL
10.1 The judges’ decision is final. No deliberations may be entered into and no decisions. may be taken on review.
10.2 The Promoter will not be responsible, and disclaim any and all liability, for any loss, liability, injury, expense or damage (including direct, indirect, incidental, punitive or consequential loss) of any nature, whether arising from negligence or any other cause, which is suffered by any participant or any other third party as a result of his/her participation in this competition and/or by any action taken by the Promoter or any of its affiliates in accordance with these terms and conditions.
10.3 The Promoter reserves the right to vary, postpone, suspend, or cancel this competition or any aspect thereof, without notice, at any time, for any reason which the Promoter deems necessary, in their sole determination. In the event of such variation, postponement, suspension or cancellation, each participant agrees to waive any rights, interests and expectations that he/she may have in terms of this competition and acknowledge that he/she will have no recourse against the Promoter.
10.4 The Promoter reserve the right to disqualify any participant should the abovementioned warranties not be complied with and/or if any other provision in the terms and conditions are not complied with.
10.5 These terms and conditions are governed by South African law and the South African courts shall have sole and exclusive jurisdiction in respect of all matters (including disputes) arising from these terms and conditions.
10.6 If any of these terms and conditions are not adhered to, your entry will be considered incomplete and will be regarded as null and void.
Media Heads 360 (Pty) Ltd (Registration Number 2005/012368/07) is part of the AME group.
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