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TERMS & CONDITIONS
PERNOD RICARD SOUTH AFRICA (PTY) LTD TERMS AND CONDITIONS – BOILERROOM X BALLANTINE’S TRUE MUSIC CAPE TOWN
Definitions and Interpretation/Glossary of Terms:-
“CPA” Consumer Protection Act, 2008 (as amended from time to time);
“Entrant” means any person who enters into or partakes in the Promotion;
“Participation” means the act of any Entrant who complies with the eligibility criteria set out in this Agreement for participation in the Promotion;
“Pernod Ricard Group” means any company within the Pernod Ricard S.A group of companies;
“Promotion” means the Ballantine’s x Boiler Room True Music Event promotion conducted by the Promoter as detailed in the Promotion Terms and Conditions;
“Promoter” means Pernod Ricard South Africa Pty Ltd, registration number: 1994/004226/07, a limited liability company duly incorporated in terms of the Laws of the Republic of South Africa, a member of the Pernod Ricard Group;
“Prize” means the prize awarded to the Winner as set out and detailed in the Promotional Terms and Conditions;
“Qualifying Product(s)” means the Entrant has completed the registration form on either the website or within Facebook and has agreed to the T&Cs.
“Winner” shall mean such Entrant who has successfully been awarded the Prize in terms of the Promotion.
Terms and Conditions
General Terms and Conditions
1. This Promotion is operated by the Promoter.
2. The Promoter reserves the right, in its sole discretion and to the extent permitted by law, to amend the Promotion Terms and Conditions at any time. The Promoter may notify the Entrant of any significant changes, however there is no obligation on the Promoter to do so and it remains the Entrant’s responsibility to check these Promotion Terms and Conditions regularly.
3. The Promoter shall have the right to terminate the Promotion immediately and without notice for any reason, beyond its control, requiring such termination, including but not limited to any act of God, compromise of the Promotion or the Website and such similar acts beyond the control of the Promoter. In the event of such termination, we do hereby record that any accrued right the Entrant has become vested in the Entrant shall continue to remain vested, however and in the event that no right or entitlement has become vested, the Entrant agrees to the waiver of such right or entitlement and acknowledge that the Entrant will have no recourse against the Promoter, its agents and/or staff.
4. Participation in the Promotion constitutes acceptance of the Promotion Terms and Conditions and Entrants agree to abide by the Promotion Terms and Conditions.
5. These Promotion Terms and Conditions constitute the agreement between the Promoter and the Entrant.
7. By entering the Promotion, the Entrant confirms that he has read, understood and agrees to be bound by these Promotion Terms and Conditions, as they may be amended from time to time. This Promotion is open from 09 October 2019 at 13:00 and shall close on 18 October 2019 at 23:59. Any entries received after the date on which the Promotion closes shall not be valid and will not be considered by the Promoter.
8. In order to enter the Promotion, Entrants are required to purchase a bottle of Ballantine’s Finest on the Take A Lot Website. The competition is open to consumers countrywide, but tickets are only for the Cape Town Boiler Room x Ballantine’s True Music event. The prize only entails tickets to the Cape Town event and no travel or accommodation is included in the prize. The winners can bring 1 person with them to the event.
9. The Promotion is open to all South African Residents above the age of 18 (eighteen) who are in possession of a valid identity document (confirming residency) and valid passport at the time of entering the competition. Directors, members, partners, employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by the Promoter or marketing service providers in respect of the promotional competition, or the spouses, life partners, business partners or immediate family members cannot enter the Promotion. Juristic persons, or any entity other than a natural person, shall not be eligible for entry into the Promotion.
10. The Prize consists of 1 set of double tickets to the Boiler Room x Ballantine’s True Music event taking place in Cape Town on 23 October 2019. Both the Winner and their guest must be over the age of 18. No transport will be provided as part of the Prize, and Winners are required to transport themselves to and from the event, should they accept the promotion on offer. If the winner is unable to transport themselves to and from the event, the Promoter has the right to award other qualifying entrants. The Prize is not redeemable or exchangeable for cash.
11. The Winner of the Prize shall be determined by random draw between 19 – 20 October 2019, after the termination of the Promotion, which random draw shall be overseen and certified by an appointed independent accountant, registered auditor, attorney or that such random draw was conducted in a fair manner and who shall report the same through the Promoter’s internal audit reporting or other appropriate validation or verification procedures.
12. The Promoter will contact the Winner via email by 20 October 2019. The winner has 24 hours to respond confirming their acceptance of the Prize. If requested, the winner(s) will provide personal identification confirming their date of birth and residency in South Africa. If a winner fails to do so within the timeframe, or they reject the prize, the winner will be disqualified, the prize forfeited and an alternative winner selected in the same manner as the original will be contacted. Telephone notification shall be deemed to have occurred on the date the Promoter or Promoter’s designee first attempts to make telephone contact with a winner, and email notification shall be deemed to have occurred on the date such notification is sent. If any prospective winner is found to be ineligible for any reason or non-compliant with these Promotion Terms and Conditions, it will result in disqualification and the Prize(s) will be awarded to an alternate potential winner under the same terms as above. The Promoter is not responsible for unsuccessful efforts to notify any potential winner.
13. To the extent allowed by law, these Promotion Terms and Conditions and the Agreement set out the whole of the agreement between the Entrant and the Promoter in regard to the subject matter hereof and there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which the Entrant shall rely on in concluding this Agreement and the Promoter shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. This clause constitutes an acknowledgment of fact by the Entrant. The Entrant must ensure that he has read the above clause carefully and ensure that this statement is true and correct as this will limit the Entrant’s rights to claim that these statements are not true and correct.
14. To the extent allowed by law, no extension of time or indulgence which the Promoter may grant the Entrant shall constitute a waiver of any of the Promoter’s rights, who shall not thereby be precluded from exercising any rights against the Entrant which may have arisen in the past or which might arise in the future. This clause limits and excludes obligations, liabilities and legal responsibilities which the Promoter will have towards the Entrant and also limits and excludes the Entrant’s rights and remedies and places various risks, liabilities, obligations and legal responsibilities on the Entrant.
15. All Entrants are required to adhere to any South African Tax Laws which could be linked to the Prize. It is the Entrant’s responsibility, as an Entrant, to adhere and do the necessary submission as and when applicable.
16. The Promoter confirms the Promotion is in no way sponsored, endorsed or administered by, or associated with Takealot.com.
Warranties and Liabilities
1. To the extent allowed by law, the Entrant agrees that the Promoter shall not be liable to him or any other person or entity whatsoever in respect of any loss or damage:
1.1 caused by or arising from any fact or circumstance beyond the reasonable control of the Promoter;
1.2 which is consequential or incidental loss or damage;
1.3 of whatever nature and howsoever arising from or in connection with the Entrant’s Participation and/or acceptance of the Prize;
1.4 arising from any disclosure or use of any information the Entrant provides to the Promoter, whether such disclosure is in accordance with the provisions of these Promotion Terms and Conditions or otherwise; and/or
1.5 arising from a breach of any security system which may be implemented by the Promoter and/or any service provider to the Promoter.
1. To the extent allowed by law, the Entrant hereby indemnifies and holds the Promoter free from liability for loss or damage of whatever nature and howsoever arising from the Entrant’s Participation and/or the Entrant’s failure to comply with any provision and/or obligation under these Promotion Terms and Conditions. This clause constitutes an assumption of risk and/or liability by the Entrant under which the Entrant indemnifies the Promoter against certain liabilities and which may result in the Entrant being liable for additional costs and liabilities.
1. In order to enter the Promotion, Entrants will be required to provide certain personal information (where applicable), including (but not limited to), their name, surname, identity number, date of birth, email address and cell phone number, and region.
2. This section 4 applies to all personal information collected or submitted to the Promoter as set out above as well as any other personal information provided by the Entrant to the Promoter at any time.
3. Unless the Entrant has opted-in to receive marketing communications from the Promoter and the Pernod Ricard Group in relation to Ballantine’s brand (see paragraph 4 below):
a) the Promoter will only use the Entrant’s personal information for all purposes relating to these Promotion Terms and Conditions and/or in order for the Promoter to provide the Prize including, but not limited to, the arranging and booking of the Prize and for purposes generally relating to participation and the Prize;
b) except as set out below, the Promoter will not share any of the Entrant’s personal information with any third party except where such disclosure is necessary to enable the Promoter to provide, deliver or in any other way give effect to these Promotion Terms and Conditions and/or the Prize, where such disclosure is required by law or where the Entrant consents to the Promoter sharing his personal information.
c) The Promoter can disclose and share the Entrant’s personal information with entities within the Pernod Ricard Group, and their agencies, suppliers and partners solely to operate the Promotion as further set out in paragraph 4 above.
d) To the extent that the Promoter shares the Entrant’s personal information with third parties in accordance with this Agreement, the Promoter will require, to the extent possible, that such parties conform to the Promoter’s privacy standards.
e) Subject to the above, the Entrant hereby expressly agrees that the Promoter may:
i. collect, receive, record, organize, collate, store, update, modify, retrieve, alter, consult, use, disseminate or obtain any of the personal information set out above;
ii. use the Entrant’s personal information for the purposes set out above;
iii. transfer the Entrant’s personal information to third parties in a foreign country where this is required for the facilitation of any transfers of information or where this is required in order to give effect to the Prize.
5. The Entrant may request that the Promoter correct their personal information, should it come to the Entrant’s attention that the Promoter’s records are incorrect. Should the Entrant wish to access his personal information or rectify it, the Entrant is to contact the Promoter and assistance shall be provided to this effect.
6. The Promoter shall protect the Entrant’s personal information as required by law. However, to the extent allowed by law, the Promoter shall not be liable to the Entrant or any other person or entity whatsoever, in respect of the unauthorised disclosure of the Entrant’s personal information.
7. By entering the Promotion, you accept the Promoter may require you to participate in related publicity, including the use of your name, country of residence and your photograph on the Website, Facebook, Twitter and Instagram accounts and in any promotional material connected to this Promotion and for the winner’s personal Facebook, Twitter and Instagram profile to be tagged on those social media platforms. If you do not wish to participate in such publicity please advise the Promoter when accepting your prize.
1. Nothing in these Promotion Terms and Conditions shall:
1.1 except to the extent that the law allows it, limit or exempt the Promoter from liability for any loss directly or indirectly attributable to the gross negligence of the Promoter or any person acting for or controlled by the Promoter;
1.2 requires the Entrant to assume risk or liability for this kind of loss to the extent that the law does not allow this.
2. If these Promotion Terms and Conditions and/or any goods and/or services provided under these Promotion Terms and Conditions are regulated by the CPA, it is not intended that any provision of these Promotion Terms and Conditions contravenes any provision of the CPA and therefore all provisions of these Promotion Terms and Conditions must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.