Terms & Conditions: Espresto - Little Black Number
Promotional Competition Rules for the “Espresto - Little Black Number” FB competition:
1. This promotional competition is organised by Foschini Retail Group (Pty) Ltd (registration number 1988/007302/07) a subsidiary of The Foschini Group Limited (“TFG”) and @home.
2. In these rules, “Promoter” means a person who directly or indirectly promotes, sponsors, organises or conducts the promotional competition, or for whose benefit the promotional competition is promoted, sponsored, organised or conducted, which includes TFG. No director, member, partner, employee, agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by the Promoter, their advertising agencies, or their spouses, life partners, parents, children, brothers, sisters, business partners or associates, may enter this promotional competition. This also applies to a person who is a supplier of goods or services in connection with this promotional competition.
3. All participants must be resident in South Africa and be over the age of 18 years.
4. Should the law or any authority terminate this promotional competition, no notice of termination shall be required. In such event, all participants waive any rights and acknowledge that they shall have no claim, of any nature whatsoever against TFG, its directors, agents or employees as a result of the termination. Further, TFG reserves the right to vary, postpone, suspend or cancel the competition and any prizes which have not yet been drawn, or any aspect thereof, without notice at any time and for any reason whatsoever that TFG deems is reasonable at the time.
5. By entering the Competition all participants and winners agree to be bound by these rules, which will be interpreted by The Promoter, in its sole discretion and its decision regarding any dispute will be conclusive, final and binding and will not be challenged on any grounds, including without limitation, the grounds that The Promoter failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness.
HOW TO ENTER –
6. The Competition starts on 23 July 2014 and entries close at 23:59 on 6 August 2014. The winner will be announced at 2pm on 7 August 2014.
7. Entrants can enter once per day, but may receive automatic bonus entries per friend who enters the competition through a link the entrant shared on Facebook. Sharing competition links is not compulsory.
8. To enter the Competition, all Entrants must comply with the Competition by submitting details requested as follows:
• 8.1 Name & Surname
• 8.2 Cellphone number
• 8.3 Email address
• 8.4 Indicate if they want to receive further communication from The Promoter
• 8.5 Follow our Pinterest page
• 8.6* Select which products they would like to pin to their own Pinterest board (*not required)
9. The prize winner(s) will be chosen in the following manner:
• 9.1 The Promoter will the announce the final winner at 2pm on 7 August 2014.
• 9.2 The winner will be selected via a random draw. The Promoter's decision is final and no correspondence will be entered into.
10. The Prize(s) are:
• One (x1) black Espresto Wave coffee machine and 9 packs of capsules to a total value of R2850.
10.1 The Promoter reserves the right to disqualify a winner/s if they do not respond to a telephone call and email to them within 7 days of notification thereof and in such event, another winner will be selected. In such circumstances, the replacement winner shall be contacted by The Promoter by telephone and emailed as soon as reasonably practicable and shall be required to respond to The Promoter in the manner set out in such email. In the event that the replacement winner fails to respond to The Promoter as required then the provisions of this clause shall apply to that new winner in the same way as if they were an original winner.
10.2 Prizes are not transferable and there is no cash alternative unless otherwise stated. The Promoter reserves the right to substitute a prize with any other prize of equal value to the prizes offered herein, at its sole discretion.
11. The decision of The Promoter is final and The Promoter shall not enter into any correspondence about the result. The Promoter accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered.
12. Entries that do not comply with these terms and conditions will be disqualified.
13. The Promoter shall not be liable for any disruption to the Competition, whether due to technical problems or otherwise, which is beyond its reasonable control. In the event of any disruption to the Competition the Promoter shall use its reasonable endeavours to remedy the disruption and resume the Competition on a fair and equitable basis to the Entrants.
14. By entering this Competition you agree to be bound by these Terms and Conditions. Any breach of the terms and conditions may, at The Promoter’s absolute discretion, result in forfeiture of any prize.
15. You, nor your associates, friends or family, may seek or request community assistance or votes from "voting exchange" pages or forums. You may not participate in voting schemes / exchanges or incentives by means of money or physical gifts to others in return for voting for you. Failure to comply with this rule might result in forfeiture or disqualification in the competition as determined by The Promoter.
PERSONAL DATA –
15. You will be asked to provide your (full name, email address and other related information; amongst others). The Promoter and its The Promoter affiliate collect and will use your personal data listed hereby in order to enable your participation in this Competition and related online activities. Your personal data will be used exclusively for The Promoter, its affiliates and subsidiaries’ marketing purposes and, by participating in the Competition, you expressly consent to the transfer, storage and processing of the data in South Africa. We keep it to fulfill the purposes for which it was collected or as required by applicable laws or regulations. We will not use your personal information for a different purpose without first asking your permission. We may share your personal information with any The Promoter subsidiary worldwide, or with authorized third parties. We do not allow third parties to use your personal information for a different purpose.
OWNERSHIP AND PUBLICITY -
16. The Promoter does not claim ownership of your submission to the Competition; but by submitting an entry, you are granting The Promoter and its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up rights: (1) to make, have made, use, copy, reproduce, modify, and create derivative works of the contributions, (2) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of the contributions (and derivative works thereof), (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and (4) to publish your name or alias in connection with this Competition and your contributions.
17. Entrants understand and agree that their submission may be posted and publicly viewable. By providing a submission, you grant The Promoter and its affiliated companies the right, except where prohibited by law, to use your name for Competition purposes in promoting or publicizing the Competition, including right to name the winner(s) of the prize(s) in public. The Promoter, however, does not have any obligation to use the winning Entries for any purpose.
18. The winner/s hereby agrees to allow The Promoter’s, to require the winner/s (at no fee) to be identified and a photograph taken and published in printed media, or to appear on radio and television, when accepting their prize(s). All entries become the property of The Promoter.
19. Details of the winner/s may also be announced on The Promoter‘s website and any other media properties that it chooses. The Promoter, acting reasonably, retains the right to delay the timing of the publication of the winners of the Competition.
20. By entering this, The Promoter reserves the right to communicate with you at any given time during and after the campaign and you may opt out or de-register at any time.
21. You may be requested to give The Promoter's organiser temporary access (maximum 24 hours) to your Facebook wall should it be deemed necessary. You may refuse to grant access, but this might result in your entry being disqualified if indiscretion is suspected.
21. All Entrants and winners indemnify The Promoter, its advertising agencies, advisers, suppliers, and nominated agents against any and all claims, damages or loss howsoever arising, including but not limited to willful misconduct or negligent act or omission arising from their participation in this Competition.
RELEASE OF LIABILITY -
22. The Promoter reserves the right to terminate the Competition at any time.
21.1 The Promoter cannot accept any responsibility for entries not received because they have been lost, or delayed in the post or not received due to interrupted internet connections or miscommunications, or other electronic malfunctions or not received due to lost, late, mutilated, illegible, incomplete entries. Any entries found to be duplicate or fraudulent will result in the Entrant being excluded from the Competition. By participating, all Entrant’s release The Promoter, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Competition from any and all liability with respect to and in any way arising from participation in this Competition, acceptance or use of prizes. Entrant’s also agree that The Promoter, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Competition are not responsible or liable for any injury or damage to a Entrant’s or third person's computer related to or resulting from the Competition, the submission and/or its prizes. The Promoter is not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to a entrant's participation in the Competition or downloading of information in connection with the Competition. The Promoter reserves the right to modify or cancel the Competition in the event that any portion of any website used to administer any aspect of the Competition becomes technically corrupted.
21.2 The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by The Promoter on account of technical problems, human error or traffic congestion on the internet or at any web site, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Competition or downloading any materials in this Competition.
22.3 Entrant’s agree that The Promoter and its subsidiaries (including The Promoter), as well as The Promoter‘s Corporation or its subsidiaries’ advertising and Competition agencies, and all of their respective officers, directors, employees, representatives and agents will have not liability whatsoever, and will be held harmless by winner(s) for any injuries, losses or costs or damage of any kind resulting in whole or in part, directly or indirectly from acceptance, possession, misuse or use of a prize or parts thereof, or from participation in this Competition.
22.4 The Promoter ‘s entire liability and your sole and exclusive remedy will be limited to a distribution of the equivalent amount of prizes as set forth above. By participating in the Competition, you waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) month after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
23. This Competition is in no way organized, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to The Promoter and not to Facebook. The information you provide will be used for email/sms communications for future Competitions.
23.1 Any questions, comments or complaints regarding the Competition can be directed to The Promoter and not to Facebook.
24. Instructions form part of the Terms and Conditions.
25. The Promoter reserves the right to change any of these terms and conditions at any time, without any notice being given to those participating.
July 2014Entry Form Artwork (partial)Fangate ArtworkBanner Artwork. Note Pinterest requirement.