1. Definitions
1.1 “Entrant”: means any person who enters
the draw to be selected to take part in the
Competition.
1.2 “Prize”: means R1 000 000.00 (One
Million Rand) which shall be divided equally between
the Celebrity Contestant and the Public Contestant
as defined below.
1.3 “Promoter”: means Clover
Beverages Limited.
1.4 “Terms and Conditions”: means these
terms and conditions.
1.5 Terms used in these Terms and Conditions and
not defined shall have the meaning given to them in
the agreement to be entered into between the
Promoter and the winning Entrants drawn in terms of
clause Error! Reference source not found.
below (the “Public Contestant Agreement”)
which is available from the Promoter on request at
stuff@stimulii.co.za.
1.6 These Terms and Conditions are to be read in
conjunction with the Public Contestant Agreement and
should any conflict arise between these Terms and
Conditions and the Public Contestant Agreement the
provision of the Public Contestant Agreement shall
prevail.
2. Eligibility
2.1 Entry into the Competition is from the
purchase of the promotional 250ml, 350ml, 500ml,
1 litre and 2 litre packs of the Tropika range of
juice blends produced by the Promoter (the “Promotional
Packs”). The Promotional Pack may be requested
as proof of entry by the Promoter.
2.2 Each Entrant must be:
2.2.1
The purchaser of at least one of the
Promotional Packs;
2.2.2 18 (eighteen) years of age or older:
2.2.3 A South African citizen;
2.2.4 A holder of a valid South African passport
and all other required travel documentation
including, but not limited to, a travel visa and
medical certificate, if necessary.
2.2.5 A holder of a valid South African driver’s
licence and, if necessary, a valid international
driver’s licence.
2.2.6
In good health and must be of sound body and
mind, and be willing to submit to a medical exam to
establish such, at the Promoter’s chosen
practitioner;
2.2.7 Free from any criminal record which the
Promoter is entitled to independently confirm;
2.2.8
An able swimmer capable of comfortably
swimming in both sea and/or swimming pool
environments;
2.2.9 Legally able to take part in the Competition,
including taking up the Prize;
2.2.10
Available for the duration of the Promotional
Campaign and Competition being 5 October 2009 to 6
December 2009; and
2.2.11 Available for the promotion and advertising
of the Consumer Product in accordance with the
Promotional Campaign and Competition for the period
of 5 October 2009 to 6 December 2009.
2.3 An Entrant must not be a director, member,
partner, employee, agent of or a consultant to the
Promoter, nor an immediate family member, employee,
business partner and/or business associate of such
director, member, partner, employee, agent or
consultant.
3.1
An Entrant may enter the draw to be selected
to take part in the
Competition either by texting the following
information to 34112 (in South Africa) or by
e‑mailing the following information to stuff@stimulii.co.za:
3.1.1 The Entrant’s name;
3.1.2 The Entrant’s postal address;
3.1.3 The Entrant’s identity number;
3.1.4 The Entrant’s age and cellphone number; and
3.1.5 The first name of the celebrity who the
Entrant would like to join as a team member.
3.2 To the extent applicable, SMSs will be
charged at the cost of R2.00 (Two Rand) (free
minutes do not apply). The costs of SMSs sent by an
Entrant may vary so please check with your network
operator for the current charges. Services may not
be applicable on all networks so each Entrant must
check the service availability with their network
operator. Each Entrant must seek the permission of
the person paying the relevant mobile telephone bill
before entering the Competition.
3.3 The Promoter accepts no responsibility for
entries which are lost, delayed, misdirected,
damaged, or undelivered.
3.4 Incomplete, lost, misdirected, damaged, or
undelivered entries and entries which are delayed
beyond the closing date and time will be
disqualified.
4.1 The closing date and time for entries is 31
September 2009. The Entrants may be contacted by
the Promoter to confirm that the Entrants will
comply with the Terms and Conditions. This does not
mean that those Entrants contacted in this manner
have been selected as winning Entrants.
4.2 The winning Entrants (the “Public
Contestants”) will be drawn on a weekly basis
between 22 July 2009 and 5 October 2009 and will be
notified by letter from the Promoter informing them
of their selection.
4.3
5 female and 5 male consumer winners will be selected.
4.4
In the event that the Promoter cannot for any
reason contact a Public Contestant within 3 (three)
days of the draw, the Promoter reserves the right to
draw another Public Contestant.
4.5 The results of the draw for the Public
Contestants are final. No correspondence will
be
entered into. Public Contestants may not substitute
their entry.
4.6 Having said the above, the Promoter reserves
the right to draw an alternative Public Contestant
in the event that the Promoter has reasonable
grounds for believing that an Entrant has
contravened any of these Terms and Conditions.
4.7 One of the Public Contestants will be
selected by e.TV to report on the Competition and
the Competition Activities for e.TV.
5.
Competition
5.1 Each team shall be made up of 1 (one)
Celebrity Contestant and 1 (one) Public Contestant
(a “Team”).
5.2 The Teams will be flown to the Island of
Zanzibar by 1Time Airlines, on or about 13 October
2009 and will return on or about 20 October 2009.
5.3 The Teams will compete in the Competition
Activities on the Island of Zanzibar with the view
of winning R1 000 000.00 (One Million Rand) which
shall be divided equally between the Celebrity
Contestant and the Public Contestant.
6. Costs and
Expenses
6.1.2 the cost of a yellow fever vaccination for
each Public Contestant;
6.1.3 the cost of an international drivers license
for each Public Contestant if deemed to be
necessary;
6.1.4 the cost of accommodation, arranged at the
Promotor’s sole discretion and which may be altered
by the Promoter at any time in its sole discretion,
excluding room service, mini bar, telephone calls,
pay per view television, dry cleaning or any other
expense;
6.1.5 the cost of a single return flight, the class
of travel of which shall be determined by the
Promoter in its absolute discretion;
6.1.6 the cost of 3 (three) meals in respect of
each day the Public Contestant partakes in the
Competition;
6.1.7 the cost of a travel visa required for each
Public Contestant’s travel; and
6.1.8 the cost of ground transportation and
appropriate insurance in respect thereof.
6.2 The Promoter is and will not be responsible
for any other costs other than those stated in
clause 6.1 above including, but not limited to the
following costs and expenses which costs shall be
for the Public Contestant’s own account:
6.2.1
Any and all costs and expenses not stated in
clause 6.1
above which may be incurred in acquiring all the
necessary documentation to be able to travel to the
Island of Zanzibar;
6.2.2 Spending money for or any other costs of the
Public Contestant whilst on the Island of Zanzibar
or at all;
6.2.3 All incidentals incurred by the Public
Contestant; and
6.2.4 Any and all applicable taxes and expenses not
specified in the description of the Prize below.
7. Winning
Contestants
The name of
the winning Team (winning Public Contestant and
Celebrity Contestant) will be announced on the final
episode of the television show of the Competition to
be broadcasted on e.TV on or about 6 December 2009.
8.
Publicity
8.1
Each Entrant/Public Contestant agrees to take
part in publicity without further consent or
payment.
8.2 Such publicity may include their names and/or
likenesses.
9. Written
Undertakings
9.1 Each Public Contestant will be required to
provide a written acknowledgement of acceptance of
these Terms and Conditions as soon as reasonably
possible after the draw for the winning Entrants
but, in any event, prior to flying to the Island of
Zanzibar.
9.2 Each Public Contestant will be required to
agree to and sign the Public Contestant Agreement as
soon as reasonably possible after the draw for the
winning Entrants but, in any event, prior to flying
to the Island of Zanzibar.
10. Indemnity and
Limitation of Liability
10.1 The Promoter shall not be liable to any
Entrant/Public Contestant or their legal
representatives for any loss or damage or injury to
the Entrant/Public Contestant and/or the
Entrant’s/Public Contestant’s property caused or
suffered in connection with the draw for the winning
Entrants and/or the Competition and/or the Prize
unless caused by the gross negligence or wilful
misconduct of the Promoter and recoverable on that
ground.
10.2 The Promoter shall not be liable for any
delays, changes, disruptions, cancellations,
diversions or substitutions or any act or omission
whatsoever by performers or events or by any of
transportation and/or accommodation forming a part
of the Competition.
11. Binding
Agreement
Each
Entrant agrees to be bound by these Terms and
Conditions, which may be amended or varied at any
time by the Promoter. No correspondence will be
entered into.
12.
Prize
12.1 The prize is R1 000 000.00 (One Million Rand)
which shall be divided equally between the winning
Celebrity Contestant and the winning Public
Contestant.
12.2 The Prize is as stated and is not
exchangeable. No alternatives will be offered.
13.
Personal
Information
Any
personal information, including, without limitation,
an Entrant’s name, age, address (including post
code), telephone number and/or e-mail address will
be used solely in connection with this Competition
and will not be disclosed to any third party except
for the purpose of the Competition where applicable
unless an Entrant otherwise consents.
14. Governing Law
These Terms
and Conditions shall be governed by and interpreted
in accordance with South African law and any
disputes arising out of them shall be subject to the
exclusive jurisdiction of the courts of South
Africa.
Promoter’s Discretion
14.1 Should, for any reason, the Promoter feel an
Entrant/Public Contestant, is contravening the Terms
and Conditions and/or the Public Contestant
Agreement to be signed by each Public Contestant,
the Promoter reserves the right to exclude such
Entrant/Public Contestant from the draw and/or the
Competition and to substitute such person with
another Entrant/Public Contestant.
14.2
The Promoter is able to amend, vary or
terminate these Terms and Conditions and/or the
Competition without notice to an Entrant/Public
Contestant and no correspondence will be entered
into.
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