1.1 “Competition” means the promotional competition which is operated by the Station subject to the Rules, which provides the Participant with the opportunity to win a Prize;
1.2 “Media” means printed media, radio and television;
1.3 “Participant” means the person participating in the Competition and thus bound by the Rules;
1.4 “POPI” means the Protection of Personal Information Act 4 of 2013;
1.5 “Prize” means any promotion, prize draw or giveaway, any stated value of which is VAT inclusive, which is awarded to a Participant in relation to the Competition;
1.6 “Processing” shall bear the meaning ascribed to it in POPI;
1.7 “Rules” means the rules contained in these terms and conditions, which incorporate and are subject to any binding rules or regulations prescribed by any law which is applicable to the Competition;
1.8 “Station” means HOT 102.7 FM (Pty) Ltd ;
1.9 “VAT” means value added tax as defined in the Value Added Tax Act 89 of 1991.
2.1 The Rules are binding on the Participant upon entry to the Competition.
2.2 Subject to 2.3,the Station will not charge the Participant any costs in order to enter the Competition.
2.3 In the event that entry to the Competition is conducted through SMS, the Station will charge the Participant standard SMS rates for entry to the Competition, provided that such standard rates do not exceed R1.50.00 (one rand and fifty cents).
2.4 The station will not be held responsible for any SMS charges, data charges or phone costs incurred while participating in any competitions.
2.5 By entering the competition, a participant is indicating his / her agreement to be bound by these terms and conditions.
2.6 The Station reserves its rights to amend these terms and conditions from time to time.
3. ELIGIBILITY FOR THE ENTRY INTO AND THE WINNING OF THE COMPETITION
3.1 Participants are required to be in possession of a valid South African identity document or if the Participant is not a South African citizen, a valid passport.
3.2 Participants are required to be at least 18 (eighteen) years of age.
3.3 Where prizes are in the form of cash, participants are required to have a South African bank account in their personal name.
3.4 Participants for competitions where the prize is for international travel, need to be in possession of valid passports, be eligible for the required visas and be available for travel on the specified dates.
3.5 The Station reserves the right not to award a Prize to a Participant if that Participant has won a Prize during any rolling three-month window period except where prizes are valued at R2000 or less.
3.6 Notwithstanding anything to the contrary contained in these terms and conditions, the Station reserves the right to refuse participation in the Competition for any reason whatsoever, provided that such right is not exercised so as to discriminate on the basis of the Participant’s race, sex, gender, sexual orientation, religious orientation or political persuasion.
3.7 No employee, no independent contractor (including any presenter) nor any immediate family member of the foregoing, may participate in the Competition.
3.8 In entering the Competition, the participant confirms that they are eligible to do so and indicates their agreement to be bound by these terms and conditions.
3.9 If a winner cannot be successfully contacted within a period of one week from the date of draw, and/or is ineligible to accept the prize or contravenes the terms and conditions of the competition, the prize will be forfeited and a new winner may be drawn.
4. DISCLAIMER OF LIABILITY
4.1 Participants enter or take part in Competitions at their own risk and the Station bears no responsibility for any loss, damage or harm suffered as a result of participation in any of the Station’s Competitions for any reason whatsoever, and whether or not such loss, damage or harm is attributable to any action or omission (including involving gross negligence) on the part of the Station, its employees and/or its independent contractors.
4.2 The Station will not be held liable or responsible for any late or incorrect entries as a result of any technical faults beyond the reasonable control of the Station.
4.3 The Participant acknowledges and agrees that, in the event that winning the Competition involves any travel, there are inherent risks associated with such travel and/or the relevant destination and the Station will not be held liable for any loss, damage or harm suffered as a result thereof. The Station will be entitled to require the execution by the Participant of a full and legally enforceable exemption of liability as a condition of taking up the benefit of such Prize.
5. THE PRIZE
5.1 The outcome of the Competition is subject to the decision of the judge, presenter or organiser of the Competition (as the case may be), whose decision is final. No negotiations and/or correspondence whatsoever will be entered into whether before or after a decision has been made in respect of the Competition.
5.2 The Station reserves the right to request verification of your entry into the Competition to ensure that the correct person is collecting the prize. Such verification may require the Participant to, without limitation, provide proof of their address and contact details and confirmation of the Participant’s identity number. The Station will only provide the Participant with the prize if it is satisfied that the information furnished by the Participant is correct. The Participant will follow a verification process which, in order for the Participant to claim the Prize, must be completed once he/she has entered the Competition. The Participant may claim the Prize only once the verification process has been completed and the Station has accepted that the Participant is eligible to receive the Prize,
5.3 Prizes won in the Competition by the Participant must be claimed by the Participant within a period of two months. The Station reserves the right to redistribute all unclaimed prizes if they have not been claimed by the Participant within the two month period.
5.4 Prizes may not be transferred to another person.
5.5 Prizes will not be exchanged for cash or an alternative prize.
5.6 It is the Participant’s obligation to collect the prize. The Station will not be liable for any costs incurred by the Participant in collecting the prize.
5.7 The Station reserves the right to replace the Prize with an alternative Prize of equal or higher value if circumstances beyond the Station’s control make it necessary to do so.
6. PUBLICATION OF PARTICIPANT
6.1 Upon winning the Competition, the Participant may elect to remain anonymous and not have their picture taken and published in the Media.
6.2 Should the Participant consent to the publication of their photograph in the Media, the Station has the right to publish Participant’s photograph in the media without any remuneration due to the Participant.
6.3 The Participant may not publish the winning of the Competition in the Media without the prior written consent of the Station.
7. OWNERSHIP OF COMPETITION ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
7.1 All Competition entries will become the property of the Station on receipt and will not be returned to the Participant.
7.2 By submitting your Competition entry and any accompanying material, you agree to assign to the Station all your intellectual property rights with full title and guarantee and you waive all moral rights in and to your Competition entry to which you may now or at any time be entitled to under any legislation anywhere in the world from time to time in force which governs intellectual property rights.
8. PERSONAL INFORMATION
8.2 biometric information;
8.3 date of birth;
8.6 ID/Passport number;
8.7 any correspondence between the Station and the Participant;
8.8 physical address;
8.9 telephone number; and
8.10 e-mail address.
By agreeing to these terms and conditions, the Participant consents to the Station’s Processing of the following personal information in respect of the Participant, for the purposes of determining the Participant’s eligibility to enter the Competition, to allow the Station to process your entry into the Competition as well as for the Station’s market research –
Further to the above, each Participant hereby agrees to receive electronic communication for purposes of direct marketing. Electronic communication shall include, but not limited to, automatic calling machines, facsimile machines, SMS’s and e-mails.
The Participant indemnifies the Station and holds it harmless against any claims of any nature arising from, in connection with or as a result of the Participant’s participation in the Competition for any reason whatsoever, and whether or not such loss, damage or harm is attributable to any action or omission (including involving gross negligence) on the part of the Station, its employees and/or its independent contractors.
10.1 These Rules will not confer any rights on any third party.
10.2 The Station reserves the right, in its sole discretion, to cancel and/or suspend any Competition.
10.3 Whilst the Station will endeavor to provide the Participant with the Prize as soon as possible after completion of the Competition, please allow a minimum period of at least 4 (four) weeks for prizes to be delivered. The delivery period will vary depending on the Competition or nature of the Prize.
10.4 No variation to these terms and conditions will be affected unless approved to in writing by the Station’s managing director.
10.5 The Station’s failure to exercise or delay in exercising a right or remedy provided in these terms and conditions does not constitute a waiver of any right or remedy.