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Competitions

TERMS AND CONDITIONS APPLICABLE TO THE SONY XTREME SUMMER PROMOTION

Kindly note that this promotion is conducted by Sony Mobile Communications AB situated at Nya Vattentornet, SE-22188 Lund, Sweden (“Sony”) together SMD Technologies Pty Ltd (Sony Personal Audio), Premium Brand Distributors (Pty) Ltd (Sony Digital Imaging) , Gamefinity (Pty) Ltd (PlayStation) and that Takealot Online (RF) Pty Ltd is not responsible for providing eligible participants with the prizes/rewards detailed below.

SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES: 2, 3, 4, 5 AND 6.

In addition to the Sony Legal Notice including User Terms and Privacy Notice available at www.sonymobile.com/global-en/legal/ the terms and conditions set out below (and any instructions on how to enter this Promotion) govern the participation and implementation of the Promotion.

The use of the Xperia Lounge App shall be subject to the terms and conditions located at: http://www.sonymobile.com/global-en/legal/terms-of-use-applications

 1. Campaign:

Purchase a qualifying Sony product ( as defined below and listed in Annex 1), at any participating Operator store, Retail or online store and have a chance to win the amazing rewards as detailed below (the / this “Promotion”). This Promotion is organized by Sony Mobile Communications AB situated at Nya Vattentornet, SE-22188 Lund, Sweden (“Sony”) together SMD Technologies Pty Ltd (Sony Personal Audio), Premium Brand Distributors (Pty) Ltd (Sony Digital Imaging) , Gamefinity (Pty) Ltd (PlayStation) (collectively the “Promoters”).

 2. Campaign Period: The Promotion commences at 00h00 on 01 November 2018 and will continue until 23h59 on 31 December 2018 (the “Promotion Period”).

3. Who May Participate: Subject to these terms and conditions, to be eligible to participate in the Promotion and be entered into a draw to stand a chance to receive a Reward in accordance with the terms of this Promotion, the participant must:

  • be a natural person;

  • be a South African citizen or a permanent resident of South Africa with a valid South African identity document;

  • be 18 (eighteen) years or older; and

  • purchase any one of the Sony  products set out in Annex 1 to these terms and conditions below  at any participating Network Operator, Retail or Online Store within the Promotion Period(each a “Qualifying Device”) as also set out in 4 below,

(the “Qualifying Participant” or “Qualifying Participants” as the context may require).

Participation in the Promotion excludes employees, directors, members, partners of employees of the Promoters, or marketing service providers of this Promotion, and the spouses, life partners, immediate family members or business partners of the people or entities listed above.

4. How to Enter and claim a Reward: During the Promotion Period, in order to stand a chance to receive a reward as set out in 5 below, the Qualifying Participant must:

  • Purchase a Qualifying Device at any participating Network Operator, Retail or Online Store. For the avoidance of doubt the terms of sale of the relevant Network Operator, Retail or Online Store shall apply to the sale and purchase of the Qualifying Device.
  • Upon receipt of the Qualifying Device, the Qualifying Participant must open the Xperia Lounge App and sign up using either Google, Facebook or the Sony Xperia account. At this stage, the Qualifying Participant must click the competition banner on the screen, agree to the terms and conditions, Thereafter the Qualifying Participant will be redirected to www.sonyxperia.co.za , complete their details in the spaces provided. Click ‘submit’ to submit the entry to a draw for the chance to claim a Reward as set out in 4.1.6 and 4.1.7 (an “Entry” or “Entries” as the context may require). Proof of purchase needs to be retained.
  • An alternative route to entry for Qualifying Participants other than set out in 4.1.2 is upon receipt of the Qualifying Device, the Qualifying Participant must visit the www.sonyxperia.co.za microsite complete their details in the spaces provided. Click ‘submit’ to submit the entry to a draw for the chance to claim a Reward as set out in 4.1.6. and 4.1.7(an “Entry” or “Entries” as the context may require). Proof of purchase needs to be retained.
  • If a Qualifying Participant is a new subscriber who successfully activates a new cell phone number for their Qualifying Device, in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 as amended and any regulations thereto (“RICA”) the Qualifying Participant needs to RICA this cell phone number. RICA may be done at any selected Network Operator Store. If the Qualifying Participant only purchases or upgrades with their current cell phone number, no RICA is required.
  • Participants who do not meet all criteria referred to above and do not follow the steps contemplated herein, will not be eligible to  submit an Entry or receive a Reward. RICA will not determine a Participant’s eligibility to submit an Entry to the Promotion or receive a Reward.
  • Eight winners will be drawn from Entries to receive a cash Reward set out in 5.1.1(f). Winners will be randomly selected from all valid Entries received via Xperia Lounge and www.sonyxperia.co.za (each a “Winner”).  The 8 draws for a cash Reward set out in 5.1.1(f) will be scheduled weekly to take place on the 12th of November 2018, 19th of November 2018, 26th of November 2018, 3rd of December 2018, 10th of December 2018, 17th of December 2018, 24th of December 2018 and 7th of January 2019.
  • Five winners will be drawn from Entries to receive a Sony product Reward as set out in 5.1.1 (a) to (e). Winners will be randomly selected from all valid Entries received via Xperia Lounge and www.sonyxperia.co.za (Each a “Winner”), the draw for the Rewards set out in 5.1.1 (a) to (e)  will be scheduled to take place on the 11th of January 2019

5. The Reward:

The rewards forming part of this Promotion consist of the following:

  • 1 x PlayStation 4 500GB and a PlayStation VR Valued at R 12 000.00 (twelve thousand rand)
  • 1 x Sony V90 Home Entertainment System Valued at R 16 000.00 (sixteen thousand rand)
  • 1 x Sony XB31 Bluetooth Speaker Valued at R 3 000.00 (three thousand rand)
  • 1 x Sony 1000xMK2 Bluetooth Headphones Valued at R 6 000.00 (six thousand rand)
  • 1 x Sony A6000 Camera Kit Valued at R 10 000.00 (ten thousand rand)
  • 8 x R 3000 cash cards supplied by Innervation Rewards
  • 8 x PlayStation 4 (exclusive to MTN subscribers)

Only 1 (one) Reward can be claimed for each Entry per Qualifying Device. Winners of the Rewards set out in 5.1.1 (a) to (e) will be contacted by an authorized agent of Sony Mobile South Africa within 3 (three) weeks of the end date of the Promotion Period and Winners will be have their Reward hand delivered to the store of purchase provided as part of their Entry within 28 calendar days. Winners of Each Reward set out in  5.1.1 (g) shall be notified within 48 hours of the relevant weekly draw and Winners will be have their Reward delivered by hand within 7 days. . Winners of Each Reward set out in 5.1.1 (g) shall be notified within 48 hours of the relevant weekly draw and Winners will be have their Reward delivered by hand within 7 days to an MTN store of the winners choice.

Each Reward as set out in 5.1.1 (a) to (e) is supplied with a warranty from the manufacturer. It is your responsibility to contact the manufacturer or visit the manufacturer’s website in order to register your Reward for the full manufacturer’s warranty. No other warranty is provided. Each Reward set out in 5.1.1 (f) is valid for 12 months and are subject to the terms and conditions of the supplier of the Reward card as set out in Annex 2.

6. General:

  • No portion of a Reward can be amended, transferred or cancelled and cannot be replaced if lost.

  • In no event will the Promoters or any person or entity involved in arranging, hosting, creating, producing or distributing this Promotion or any Reward be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a Reward, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the value of the Reward or the minimum allowable by law (whichever is greater).

  • In the event that a Winner is unable to claim their Reward for any reason or fails to claim their Reward prior to 1 February 2019, or is disqualified for any reason, the Winner will forfeit their Reward.

  • In so far as it is necessary, required by law or beyond the reasonable control of the Promoters, the Promoters reserve the right to vary the nature of the Promotion, any Reward, or these terms and conditions upon notice in this regard being published on the Xperia Lounge App or the www.sonyxperia.co.za microsite or in another appropriate medium. In the event that a Reward is limited or varied in this manner, the Promoters shall replace the Reward with a reward of a similar economic value.

  • With regard to clause 6.4 above, any amended terms and conditions published in any media, or on the Xperia Lounge App or the www.sonyxperia.co.za microsite will form part of the terms and conditions of the Promotion, to which terms the recipients agree to be bound.

  • The decision of the Promoters in respect of any matters or disputes arising out of this Promotion shall be dealt with by the Promoters in accordance with the terms of these terms and conditions. The decision of the Promoters in this regard shall be final and binding.

  • The Promoters reserve the right to withhold a Reward if they are not entirely satisfied that the Winner of the Reward is the bona fide valid winner and Qualifying Participant, and reserve the right to call for such proof as they may deem necessary.

  • By participating in this Promotion, Qualifying Participants signify their consent to be bound by the terms and conditions contained herein.

  • Qualifying Participants agree that it is an express condition of the Promotion that in order to be eligible to participate in the Promotion and submit an Entry for the chance to win a Reward, the Qualifying Participant may be required to submit proof of purchase of their Qualifying Device and provide proof of their identity.

  • To the extent permitted by applicable law, the Promoters provide no warranty that the Xperia Lounge App will function outside of the borders of South Africa or in any language other than English.

  • A Reward is non-transferable and no cash alternative or other alternative gift is available or will be issued. No Reward may be sold and the Winners may not sell or barter any of their rights under this Promotion. Unless mandatory local law states otherwise participants and Qualifying Participants and Winners are responsible for any costs, taxes, duties or levies incurred as a result of participating in the Promotion or winning a Reward. In addition, Winners agree and accepts that by winning a Reward, the Winner may incur taxes, duties or other levies including but not limited to any prize tax etc under any applicable laws and regulations. Winners unconditionally accepts to pay any such tax, duty or other levy in full on behalf of themselves.

  • Qualifying Participants are responsible for any costs or expenses incurred as a result of participation in the Promotion, or enjoyment of a Reward (including without limitation the purchase of the applicable Qualifying Device, costs for accessing of the Internet as applicable). Participation via the Internet may incur charges and recipients are responsible for checking with their local service provider for current charges.  For the avoidance of doubt the participating Network Operator, Retail or Online Store terms of sale apply in respect of the sale and purchase of the Qualifying Device.

  • No responsibility will be accepted by the Promoters for claims by Qualifying Participants relating to their Entry or Reward being lost, delayed, misdirected or damaged whether due to technical difficulties affecting electronic communication or otherwise.

  • If the purchased Qualifying Device is returned for whatever reason, the participant will no longer be eligible to participate in the Promotion and all rights granted under this Promotion shall be terminated.

  • To the extent permitted by statutory consumer rights (as applicable), this Promotion and these terms and conditions are governed by the laws of South Africa. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.

  • The Promoters, or any one of them, may, at any time, cancel the Promotion. Such cancellation shall appear on Xperia Lounge App, and the www.sonyxperia.co.za microsite. Any cancellation, termination, withdrawal or suspension by the Promoters of this Promotion will not entitle the Qualifying Participants to any compensation against the Promoters for any and/or all loss or damage that such recipient may suffer or incur as a direct or indirect result of the cancellation, termination, withdrawal or suspension of the Promotion.

  • Subject to applicable local mandatory law, the Qualifying Participants grants the Promoters any and all rights necessary for distribution and public display of any submitted text, image, or other intellectual property rights that may arise from participation in this Promotion, any Rewards or related publicity, and the irrevocable, unrestricted right to use, publish, display and distribute materials bearing Your name, voice, likeness or any other identifiable representation of the Qualifying Participant (“Likeness”). The Qualifying Participant grants the Promoters the perpetual right to exclusively, royalty-free and without limitation freely use, modify, edit, copy, reproduce, distribute, translate, create derivative works from, alter and publicly display or publish any such intellectual property rights, for whatever purpose, in any form or medium, whether promotional or in other activities or events arranged by the Promoters, whether locally or worldwide. The Promoters will contact the Winners before applying this section 6.17 and will give them the opportunity to refuse such use of any submitted text, image, Likeness or other intellectual property rights that may arise from participation in this Promotion, the Rewards or related publicity.

  • Subject to 6.17 above, Qualifying Participants agrees that all materials containing their Likeness (including, without limitation, all negatives, plates and masters of any photographs, files, prints or tapes) shall be and remain the sole and exclusive property of the Promoters and assign any proprietary right they may have acquired in or to such material to the Promoters.  The Qualifying Participant releases and forever discharges the Promoters from any and all liability and damages relating to the use of your Likeness or any other identifiable representation of you. The Qualifying Participant waives any right they may have to inspect or approve the finished materials or any part or element thereof that incorporates their Likeness or any other identifiable representation.
  • Any personal information, including, without limitation, the Qualifying Participant’s name, age, address (including postcode), mobile phone number and/or email address will be used solely in connection with this Promotion and will not be disclosed to any third party except for the purpose of this Promotion (including subsequent promotions as stated in these terms and conditions) or fulfilling a Reward where applicable. The Sony Mobile Privacy Notice displayed at www.sonymobile.com/Legal under “Privacy” applies to any processing of data performed in connection herewith.

Terms and Conditions for the use of the Reward cash cards set out in 5.1.1 (f)

STANDARD TERMS AND CONDITIONS

These terms and conditions are applicable to all recipients and beneficiaries of Innervation

Rewards prepaid card programmes.

1. Your card

  • Your card has an expiry date printed on the front. Your card is valid until the last day of the month
  • shown, unless it is closed at the request of you, the Card Purchaser, or Innervation Rewards; if an
  • incidence of fraud or potentially fraudulent activity has been detected relating to your card.
  • Only the person whose signature is on the card will be able to transact with it.
  • Sign your card in ink as soon as you receive it in the space provided on the back of the card.
  • Your card can only be used in the Republic of South Africa
  • Your INREWARDS card, Network card and Network Plus card will not have a personal identification
  • number (PIN).
  • Your INREWARDS Premium Imali card will have a personal identification number (PIN).
  • Your card must be cut in half after its expiry date.
  • You will not receive any correspondence or statements.
  • The Issuing Bank will always be the owner of the card.
  • You are responsible for the safety of your card. Should your card be damaged, lost or copied,

Innervation Rewards will not be liable.

2. Loading your card

Innervation Rewards will load and activate the cards as authorised and paid by the Client.

  • 2.1. Your card will be loaded with a Rand value as determined by the Card Purchaser.
  • 2.2. Your card may be reloaded by the Card Purchaser at any time before the expiry date of your card.
  • 2.3. The balance available on your card may not exceed:
  • 2.3.1. INREWARDS card and INREWARDS Network card – R10,000 (ten thousand rand only) at any
  • given time.
  • 2.3.2. INREWARDS card and INREWARDS Network card – R25,000 (twenty five thousand rand) at any
  • given time with individual FICA.
  • 2.3.3. INREWARDS Network Plus – R5,000 (five thousand rand only) at any given time.
  • 2.3.4. INREWARDS Premium Imali card – R25,000 (twenty five thousand rand) at any given time.

(Individual FICA is a prerequisite for use of this card)

3. Using your card

  • 3.1. You may use your card to pay for goods and services at suppliers as per the INREWARDS programme
  • acceptance detailed below:
  • 3.1.1. INREWARDS card – accepted wherever MasterCard is accepted.
  • 3.1.2. INREWARDS Network card – accepted within the INREWARDS Network within South Africa.
  • The INREWARDS Network is printed on the card wallet and/or card carrier which accompanied
  • your card. You can find the most up-to-date network at www.inrewards.co.za
  • Your card will not work at MasterCard acceptance locations which are not part of
  • the INREWARDS Network.
  • 3.1.3. INREWARDS Network Plus card – intended for use within the INREWARDS Network in South
  • Africa. The Network is printed on the card wallet and/or card carrier which accompanied your
  • card. You can find the most up-to-date INREWARDS Network at www.inrewards.co.za
  • 3.1.4. INREWARDS Premium Imali card – accepted wherever MasterCard is accepted and may be used
  • at ATM’s to withdraw cash.
  • Should you choose to use your INREWARDS Network Plus card outside of the INREWARDS Network,
  • you will incur a fee which will be deducted from the available card balance. (Therefore, accepted where
  • MasterCard is accepted with cost implications outside the INREWARDS Network)
  • 3.1.5. You will not be able to use your card to pay for goods or services over the telephone or internet,
  • pay toll-fees or for parking.

 

  • 3.2. Your INREWARDS card, Network card and Network Plus card cannot be used for any transactions at
  • an ATM or at a bank teller. It can only be used at in-store electronic terminals in the Republic of South
  • Africa, as per the INREWARDS programme acceptance detailed above.
  • 3.3. When you use your card to pay for goods or services you must sign a transaction slip.
  • 3.4. Innervation Rewards will process the transaction against your available card balance. You will be able
  • to shop at as many merchants as you wish, up to the value on your card and after the deduction of
  • fees, if applicable.
  • 3.5. All transactions and fees will be authorised by Innervation Rewards against funds on your card.
  • 3.6. Merchants are responsible for transactions and are independent of the Card Purchaser, Innervation
  • Rewards and Standard Bank. The Card Purchaser, Innervation Rewards and Standard Bank, are not
  • liable if the merchant does not accept your card, or if you have complaints about goods or services
  • paid for with your card.
  • 3.7. Innervation Rewards is not responsible for any loss arising from any failure or malfunction of electronic
  • facilities, delays in point-of-sale devices, or Innervation Rewards’ supporting or shared networks;
  • where applicable, resulting from circumstances beyond Innervation Rewards’ reasonable control.
  • 3.8. No warranties, purchase protection, insurance, other promises or services are provided.
  • 3.9. Once you have paid for a purchase, you cannot stop the transaction.
  • 3.10. You are responsible for keeping track of the transactions on your card to ensure that you do not exceed
  • your card balance.
  • 3.11. Balance enquiries can be made by sending an SMS with your 16-digit card number to 34417, by
  • visiting www.inrewards.co.za or by calling 083 918 7700 (this is a 24 hour service) or 086 11 222 67
  • between 08h00 and 17h00, Monday to Friday or by using the USSD *120*8013#

4. Fees and interest

  • 4.1 You will not be charged any fees on any purchases made using your card within the INREWARDS Network in South Africa.
  • 4.2. Should you choose to use your INREWARDS Network Plus card outside of the INREWARDS Network
  • you will incur a fee which will be deducted from the funds on your card.
  • 4.3. You will not be paid any interest on the funds on your card.
  • 4.4. A monthly dormancy fee will be deducted from the available card balance after 12 months from last
  • load. This monthly fee will only be deductible after 12 months from the last time your card was loaded
  • by the Card Purchaser.
  • 4.5. The INREWARDS Premium Imali card carries a monthly card fee as well as other applicable
  • transactional fees. These are defined as per the carrier that accompanied your card. For updated fees,
  • send an email to info@inrewards.co.za

5. Closing your card

  • 5.1. Your card will be closed when it expires.
  • 5.2. Innervation Rewards may choose to revoke your card at any time to protect Innervation Rewards’
  • interests. If your card is revoked for reasons other than fraud or unlawful use, any credit remaining on
  • the card will be refunded to the Card Purchaser.

6. Lost or Stolen cards

  • 6.1. You are responsible for the safekeeping of your card. Your card is the same as having cash in your
  • pocket. If you lose your card or if it is stolen and used by someone else, you will lose all the funds on
  • your card.

7. Replacement cards

7.1. Innervation Rewards can stop and replace the card at the request of the Card Purchaser. Innervation Rewards will deduct a fee of R100 (one hundred rand only) plus VAT from the existing card funds for the replacement card and for the transfer of funds. If there are insufficient funds to cover the replacement fee and the minimum load R50 (fifty rand only) the card will not be replaced. Disclaimer: Innervation Rewards may change these terms and conditions without giving any prior notice. The updated terms and conditions can be found at www.inrewards.co.za This agreement is hereby made and entered into by and between Innervation Rewards Proprietary Limited, Registration Number 2005/010672/07, hereinafter referred to as “Innervation Rewards”, and the Client represented in Section a) Client Information, hereinafter referred to as the “Client”, to define the relationship between both parties in respect of the INREWARDS Programme, previously known as the Compliments Programme.

1) STATEMENT OF INTERESTS:

Innervation Rewards operates incentive, reward, loyalty, marketing, expense management, employee benefits and public social programmes via prepaid card programmes registered under the INREWARDS trademark.

Innervation Rewards shall directly or through its partners:

a) Provide the Client with a prepaid card programme.

b) Submit an invoice to the Client for the value of the Client specified prepaid card programme.

c) Load, reload, and activate the prepaid cards, either internally or via a self-service web portal, according to the specified prepaid card programme, once full payment has been received from the Client and reflects as available on the Innervation Rewards bank account.

2) THE CLIENT SHALL:

a) Submit an instruction or schedule of the specified card sequence numbers and the associated Rand loaded amount to Innervation Rewards to action.

b) Make full payment to Innervation Rewards against the submitted invoiced amount prior to the loading and activation of the prepaid cards in order to comply with the banking regulations governing prepaid gift, incentive and payroll cards.

3) IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:

a) CARD LOADING FEE. Are fees charged for the total volume loaded onto the cards.

b) ON DELIVERY. It is the responsibility of the Client to ensure that the correct quantity and type of cards have been received and acknowledge receipt by signed delivery note. Errors or omissions can be rectified at the time of delivery but not later. The Client is responsible for the cards after delivery and Innervation Rewards cannot be held responsible for any fraud, misuse or loss incurred thereafter.

c) RESPONSIBILITY FOR CARD STOCK. Once the cards are delivered by Innervation Rewards to the Client, it is the responsibility of the Client to manage the cards. Cards which expire while held in Client stock will not be replaced nor will any balance on expired cards be transferred or repaid. The Client must notify Innervation Rewards prior to the expiry of cards held in stock so that the funds can be transferred to replacement cards. Innervation Rewards will charge a fee for the replacement cards, for the transfer of funds and for the delivery of the cards.

d) EXPIRED CARDS. Cards issued from Client stock to beneficiaries, whether used or not, will not be replaced nor will the balance be transferred after expiry.

4) STANDARD TERMS AND CONDITIONS.

Terms and Conditions are applied to this programme and Innervation Rewards may change these terms and conditions without giving any prior notice. The updated terms and conditions can be found at inrewards.co.za

ADDITIONAL CONDITIONS

a) CONFIDENTIALITY. Any information shared by the parties shall be deemed as confidential and subject to standard confidentiality terms and conditions.

b) MODIFICATION. Modifications within the scope of this document shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed.

c) EXCLUSIVITY. This agreement in no way restricts Innervation Rewards or the Client from participating in similar activities.

d) TERMINATION. Any of the parties may terminate this agreement in whole, or in part, at any time by giving three months written notice. This agreement shall be governed by and construed in all respects in accordance with South African law and the parties hereby agree to submit any disputes relating to the agreement to the South African Courts.