terms and conditions
Mmm.. Now that’s Delicious
IMPORTANT NOTICE: In terms of Section 49 of the Consumer Protection Act 86 of 2009, the Entrant’s attention is specifically drawn to all the underlined clauses as well as all the clauses printed in bold which, amongst others:
(a) contain a limitation of risk or liability of the Promoter and/or the Promoter’s Group;
(b) constitute an assumption of risk or liability by an Entrant and/or Voter;
(c) constitute an indemnification of the Promoter and/or the Promoter’s Group, or
(d) is an acknowledgement of fact by an Entrant and/or Voter.
1. The Promoter
The Eskort Mmm.. Now that’s Delicious (“the Competition”) is organised and conducted by Eskort Limited, Registration Number 1997/022579/06 (“the Promoter”).
2. The Competition Period
From 1 October 2018 to midnight 14 October 2018 2018 (both inclusive).
3. How to enter and disqualification of entries
3.1 Between 1 October and 14 October (inclusive), members of the public (each an “Entrant”) may enter the Competition by voting for a recipe or the respective creator/inspiration (together, the “Entry”) at www.eskortcompetitions.co.za (the “Promoter’s Competitions Website”).
3.2 An Entrant may submit one Vote each week.
3.3 Entries uploaded after midnight 14 October 2018 will not be valid.
3.4 A minimum of 5 Entries will be randomly drawn and validated as finalists after Sunday 14 October 2018. Judges will qualify finalists and R5000 will be awarded to the first qualifying finalist and R1000 to the next 3 qualified finalists drawn.
4. Who is eligible to enter and vote in the Competition
4.1 The competition is open to all residents of the Republic of South Africa who are
a) 18 years and older; and
b) in possession of a valid South African identity document except for the following residents who are not eligible to participate in the Competition:
c) directors, members, partners, employees or agents of, or consultants to, the Promoter;
d) the spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in 4.1 (c) above;
e) marketing service providers in respect of this Competition;
f) anyone who directly or indirectly controls, or is controlled by, the Promoter; or
g) anyone who is a supplier of goods or services in connection with the Competition.
For the avoidance of doubt this Competition is only open for entry by natural persons.
4.2 By voting in the Competition, an Entrant confirms that he or she is eligible to enter the Competition in accordance with these terms and conditions “Terms & Conditions” and that he or she agrees to be bound by these Terms & Conditions.
5. How to vote
5.1 From 1 October 2018 to midnight 14 October 2018 (inclusive), members of the public (each an “Entrant”) will be entitled to vote for their favourite by visiting the Promoter’s Website. An Entrant may vote only once each week and is not entitled to vote for multiple recipes during a particular week. Any illegitimate votes will be excluded. Upon voting, an Entrant will stand a chance to be drawn as a finalist to win one of the prizes. The Promoter shall use reasonable efforts to contact and qualify the finalists within 48 hours of their random selection, failing which the Promoter will attempt to contact and qualify the next finalist until each validated finalist who qualifies for a prize is awarded a prize.
6. The Prize
6.1 The winner shall win R5000 (the “Prize”) and the following three winners shall each win R1000.
6.2 Ownership of the Prize will only pass to the Winner once his/her personal information (including without limitation a certified copy of the Winner’s identity document), his/her compliance with these Terms & Conditions, and the details of the Prize have been verified and confirmed by the Promoter.
7. Further disqualification or cancellation criteria
7.1 The Promoter reserves the right to:
a) Disqualify any Entrant without notice from participating in the Competition if such Entrant does not meet the qualification criteria set out in these Terms & Conditions or if such Entrant has provided false information or has otherwise acted unethically;
b) disqualify a Winner and claim back the Prize without notice, if such Winner does not meet the qualification criteria set out in these Terms & Conditions or if such Winner has provided false information or has otherwise acted unethically;
c) amend these Terms & Conditions at any time and without advance notice;
d) modify, terminate or suspend the Competition without advance notice in the event of technical, legal or other difficulties reasonably beyond the Promoter’s control, in which case the Entrants hereby agree to waive any rights they may have against the Promoter in connection with the Competition;
e) to request such information as necessary to enable the Promoter to verify the identity and eligibility of any Entrant and to disqualify any Entrant who cannot provide such information; and
f) communicate with Entrants at any time during and after the Competition provided that the Entrant may at any time opt out of receiving such communication from the Promoter.
7.2 The Promoter’s decision with regard to the exercise of any of its rights in this clause 7 is final. The disqualification of an Entrant for any reason as set out in these Terms and Conditions shall lead to the disqualification of all the votes made by such an Entrant and the disqualification of a Winner shall lead to the forfeiture of the prize back to the Promoter for a redraw.
8. Exclusion of liability
8.1. For the purposes of this clause, the “Promoter’s Group” shall mean the Promoter and all of its associated companies and their respective advertising, media and PR agencies, agents, contractors and other trading partners, as well as all of the aforementioned entities’ employees, directors, shareholders, members, subcontractors, agents and other representatives.
8.2. Neither the Promoter nor any entity or natural person within the Promoter’s Group shall be liable in any way whatsoever for any direct, special, indirect, or consequential damages or costs, howsoever arising, suffered by any Entrant or Finalist as a direct or indirect result of or in connection with participating in the Competition or utilising the prizes.
8.3. Each Entrant, Finalist and Winner hereby indemnifies and holds the Promoter and the Promoter’s Group harmless against any and all claims, loss, liability, damage, costs, or expense of whatsoever nature or kind (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation, fines and reasonable attorney’s fees) brought by any third party, or suffered or occurred by the Promoter and/or the Promoter’s Group, arising directly or indirectly from such Entrant, Finalist and Winner’s participation in the Competition.
8.4. The Promoter’s Group accepts no liability for:
8.4.1. the destruction, unauthorised use or alteration of any Entry;
8.4.2. failure to receive any Entry due to technical problems; and
8.4.3. any damage to any electronic device on which a person downloads any materials related to the Competition.
8.5. Clauses 8.2, 8.3 and 8.4 shall not apply to claims, damages or loss directly or indirectly attributable to the wilful misconduct, gross negligence or fraud by the Promoter or any entity or natural person within the Promoter’s Group.
9.1 Except where prohibited by law, Winners consent to the use of their names, surnames and images by the Promoter (and the Promoter’s Group) in any public forum (including any social media forum) for purposes of promoting or publicising the Competition.
9.2 Any materials resulting from the participation of the winners in any marketing activity, including without limitation any television appearance, recording, broadcasting or other form of publication (the “Marketing Materials”) shall remain the property of the Promoter and the winners agree to assign all rights of whatsoever nature (including any copyright) in the Marketing Materials to the Promoter in perpetuity.
9.3 For the avoidance of doubt, no Entrant, finalist or winner shall be entitled to any payment or other remuneration for their participation in the Competition or any marketing activity in connection with the Competition.
10. Personal information
All personal information provided to the Promoter in terms of this Competition (including the Entrant’s name and contact information) (‘personal information’) will be used solely by the Promoter and/or the Promoter’s Group (as set out in these Terms & Conditions) both in South Africa and internationally. By participating in this Competition, Entrants consent to the transfer, storage and processing of their personal information by the Promoter and/or the Promoter’s Group for the above purposes. Such consent may be withdrawn in writing at any time. Personal information shall not be shared with other third parties for purposes other than those described above.
11. Additional Terms
11.1 All information relating to the Competition, including such information as published on promotional material, shall be subject to these Terms & Conditions, the provisions of which shall prevail in the event of any conflict with the provisions of any other Competition information.
11.2 If any provision in these Terms & Conditions is found to be illegal or unenforceable in terms of the applicable South African law, then such provision shall be disregarded (to the extent that it is so unenforceable) without affecting the validity, legality and enforceability of the remaining provisions.
11.3 The laws of the Republic of South Africa shall govern these Terms & Conditions and the Entrants and Voters agree to be subject to the exclusive jurisdiction of the South African courts.
11.4 All enquiries in connection with this Competition should be directed to the Promoter at email@example.com.