These terms and conditions are applicable in respect of all entrants participating in any Facebook Competitions, which may be run, promoted or organised by NORMANDIEN FARMS (PTY) LTD, a company duly incorporated in accordance with the laws of the Republic of South Africa (registration number -2000/015374/07), including its affiliates, partners, associations and agents.

Interpretation

  1. In these Competition Terms and Conditions, unless a contrary intention appears:
    • any reference to (i) the singular includes the plural and vice versa, and (ii) any gender includes the other genders;
    • the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply to the Rules of any Competitions and all Entrants hereby waive any rights they have to rely on such rules;
    • unless the context indicates a contrary intention, the words and expressions defined in clause 2 shall, throughout the Competition Terms and Conditions, bear the meanings assigned to them in that clause and similar expressions shall bear corresponding meanings;
    • any reference to “days” shall be construed as being a reference to calendar “days” unless qualified by the word “business” in which instance a “business day” shall be any day other than a Saturday and a Sunday and/or a public holiday as gazetted by the Government of the Republic of South Africa from time to time. Any reference to “business hours” shall be construed as being the hours between 08h00 and 17h00 on any business day;
    • terms other than those defined within the Competition Terms and Conditions will be given their plain English meaning,
    • defined terms appearing in these Competition Terms and Conditions in title case shall be given the meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with the ordinary meaning as qualified by clause 1.7 and shall, unless the context otherwise indicates, include the term as defined.

Definitions

  • In the Terms, unless inconsistent with or otherwise indicated by the context, the following terms will have the meanings assigned to them in this clause:
    • “Agreement” means the contract entered into by an Entrant with the Promoter, by Entering a Competition, and consisting of, among others, the Rules;
    • “Closing Date” means, unless otherwise specified in the Entry Instructions, the date falling no less than three (3) days after the date on which Finalists are selected in accordance with clause 18;
    • “Commencement Date” means the date when Entry Instructions are posted on the website;
    • “Competition” means any promotional competition organised, conducted, sponsored or promoted by the Promoter, to which the Rules apply. For the purposes of this sub-clause the term “promotional competition” shall have the same meaning assigned to it in terms of subsection 36(1)(d) of the Consumer Protection Act 68 of 2008;
    • “Competition Terms and Conditions” means these terms and conditions;
    • “Cut Off Date” means the date specified in the Entry Instructions, being the earliest date after the Commencement Date;
    • “Enter” means compliance or purported compliance by an Entrant with the provisions of clause 11 and “Entering” shall have a corresponding meaning;
    • “Entrant” means any person who has become aware of, and desires to Enter, a Competition and includes an Entrant who has subsequently qualified as a Participant, Quarter-Finalist, Semi-Finalist, Finalist, or Winner as the case may be;
    • “Entry Instructions” means the offer, by the Promoter for Entrants to Enter the Competition, appearing on the Website and setting out information specific to the Competition to which that offer relates, such as:
      • particulars of the type and number of prizes available to be won;
      • the name of the Competition;
      • the steps required by a person to accept the offer or to Enter the competition;
      • the basis on which the results of the competition will be determined;
      • the medium through or by which the results of the competition will be made known; and
      • additional terms and conditions applicable to the Competition;
    • “Finalist” means a Semi-Finalist that has been selected in accordance with clause 18, below;
    • “Intellectual Property” includes all patents, trademarks, service marks, design rights, copyright, trade or business name, know-how, concepts, ideas, methods, procedures, processes, techniques, models, reports, templates, software or any changes or additions thereto (if any) and other similar rights or obligations, whether or not registerable, registered or application for registration thereof has been made in any party of the world;
    • “Participant” means an Entrant that has complied with the provisions of clause 11, below;
    • “Prize” means
    • “Promoter” means DGB (PTY) LTD, a company duly incorporated in accordance with the laws of the Republic of South Africa (registration number – 1946/021311/07), and includes its affiliates, partners, associations and agents;
    • “Rules” means, in relation to a specific Competition, the terms and conditions applicable to the Competition consisting of these Competition Terms and Conditions as well as the Entry Instructions of the specific Competition;
    • “Quarter-Finalist” means a Participant that has been selected in accordance with clause 12, below;
    • “Semi-Finalist” means a Quarter-Finalist that has been selected in accordance with clause 15, below;
    • “Website” means thirsti.co.za and may include any Facebook page operated by the Promotor for the purpose of advertising the competition.
    • “Winner” means a Finalist that has complied with and/or fulfilled the requirements in terms of clause 22.

Competition

  • The Rules are applicable in respect of all Entrants taking part in a competition, which may be run, promoted or organised by the Promoter.
  • Competitions are in no way sponsored, endorsed or administered by, or associated with Facebook.
  • By entering a Competition all Entrants:
    • warrant that they have read and understood the Rules prior to entering the Competition;
    • agree to be legally bound by the Rules which will be interpreted by the Promoter and the Promoter’s decision regarding any issue with the Competition will be final and binding and no correspondence will be entered into;
    • warrant that all information they may communicate to the Promoter at any time is true accurate and complete in all respects;
    • agree, for the purposes of section 36(6) of the Consumer Protection Act, that: (i) the medium through which a person participates in any Competition run by the Promoter, to which the Rules apply, is the Website; and (ii) the availability of the Competition Terms and Conditions via a link on the Website is “directly on the medium” and/or “a document accompanying the medium”.
    • agree to release and hold Facebook harmless from any and all liability associated with any Competition;
    • agree to, and do hereby, indemnify the Promoter against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever, and/or howsoever arising, from their participation in this Competition.
    • Acknowledge that the promoter is, in terms of sub-regulation 11(6)(a) of GNR.293 of 1 April 2011, obliged to retain certain information relating to a Competition for a period of at least three (3) years which may include personal information of Entrants as envisaged in terms of the Protection of Personal Information Act 4 of 2014 and therefore consent to: (i) the processing of their personal information by the Promoter, any of their operators, commercial partners, agents and sub-contractors (who may be outside South Africa) on the condition that they will keep such information confidential;  (ii) the collection of their personal information from any other source to supplement the personal information which the Promoter has about them;  (iii) the retention of their personal information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes.
  • No purchase by an Entrant is required to enter a Competition and entry is free of charge, except for the costs of using the internet, or any similar media/device in connection with a Competition which shall be payable by Entrants. The aforementioned costs will not be more than the normal fee an Entrant will pay to his service provider or for using the internet. For the purposes of this paragraph “any similar media/device” shall be deemed to include: e-mail; internet; computer hardware and/or software; and data services provided by third parties.
  • The Promoter shall accept no responsibility whatsoever for any communication which is not delivered, received or is delayed or damaged due to technical reasons or otherwise, whether conveyed by email, the internet, via a website run by a third party or otherwise.
  • The Promoter reserves the right to disqualify any Entrant from a Competition and/or withhold any prize if they have reasonable grounds to believe that any such Entrant has breached any of the Rules.
  • In any matters concerning any part of a Competition or any part of the solution to, or outcome of, a Competition (where applicable), the Promoter’s decision will be final and no correspondence or discussion shall be entered into with any Entrant or with any other person acting on an Entrant’s behalf regarding any such decision.
  • No conduct, including any act, omission, and/or representation, which may amount or be deemed to amount to a relaxation or indulgence allowed or granted to an Entrant by the Promoter, at any time, shall be deemed to be a waiver of any of the Rules by the Promoter, and any such relaxation or indulgence shall not be deemed as a novation or waiver of any of the Rules, or create any estoppel against the Promoter.

 

Requirements for Participants

  • In order to participate in a Competition, Entrants must:
    • comply with and/or fulfil any additional requirements provided for in the Entry Instructions on or before the Cut Off Date;
    • be at least eighteen (18) years old to enter the competition in the Adult category, and under eighteen (18) years old to enter the Junior category.
    • be a natural person participating in their personal capacity;
    • primarily reside in the Republic of South Africa;
    • not be; a director, member, partner, employee or agent of, or consultant to the Promoter; or any other person who directly or indirectly controls or is controlled by the Promoter; or a supplier of goods or services in connection with the relevant competition;­
    • not be the spouse, life partner, sibling, child or parent of any of the persons specified at subparagraph 11.6;
    • not, at any time during a period of one (1) year immediately prior to the Commencement Date of the Competition, have won any Competition run by the Promoter or qualified as a Finalist in any Competition run by the Promoter; and
    • at all times, comply with the Rules of the Competition.

Competition Guidelines

  • In order to be entered into the competition, entrants must take a video of their Thirsti Flip Off using any Thirsti bottle/s; upload the video to their own Facebook page and add #ThirstiFlipOff.
  • The Winners will be contacted on the 22nd December 2016

 

Winners

  • Winners will be contacted and informed that they have won a prize within a reasonable time after the Promoter has made such determination, and the Promoter will further advise winners regarding arrangements for the Prize.
  • The Promoter may contact Entrants by any of the following means: (i) Facebook message, (ii) Email, (iii) SMS, (iv) telephone, (v) post, or (vi) any combination of the foregoing.

Prizes

  • There are two cash prizes: R15 000 for the junior category (under 18) and R15 000 for the senior category (18 upwards).

Amendments to Rules

  • The Rules may be amended by reasonable notification at any time during a Competition, and will be applied and interpreted at the sole discretion of the Promoter. Such altered Rules and/or Prize shall become effective immediately after being altered or on such date as may be determined by the Promoter. No Entrant shall have any recourse against the Promoter as a result of any alterations of the Rules and/or or Prize.
  • The Promoter reserves the right to terminate a Competition immediately at any stage prior to an Entrant complying with the requirements of Clause 22, whether required as a result of changes in legislation, or if required by any national, provincial or municipal authority, or within the sole discretion of the Promoter for any reason whatsoever. Notice of such termination shall be published on the Website. In such an event, all Entrants agree to waive any rights that they may have/purport to have in terms of the Rules, and acknowledge that they will have no recourse against the Promoter whatsoever.

General

  • Should any part/s of the Rules be held to be invalid, unlawful or unenforceable, such part/s will be severable from the remaining Rules, which will continue to be valid and enforceable. If any term or condition held to be invalid is capable of an interpretation which is valid, Entrants agree that such interpretation is to be effectual, provided that such interpretation is in the interests of the Promoter.
  • The Agreement will be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.
  • Notwithstanding termination of the Agreement, any clause, which, from the context, contemplates ongoing rights and obligations of the Promoter and/or Participant, shall survive such termination and continue to be of full force and effect.
  • Should the Entry Instructions additionally require Entrants to submit any Intellectual Property to Enter then in such event all Entrants agree to grant the Promotor a non-exclusive License to use any such submitted Intellectual Property in any manner and for whatever purpose the Promoter deems fit. All Entrants further warrant to the Promoter, by submitting such Intellectual Property, that they have the necessary authority to submit the Intellectual Property; and further to grant the promoter the herein contemplated non-exclusive license.
  • In the event of any conflict between any provision contained herein and any provision contained in the Entry Instructions the Provision herein will prevail and be od full force and effect, unless such provisions are capable of being interpreted in such a way so as to cure any apparent conflict, in which case such interpretation will be followed instead.