Clue Period Tracker Promotion

TERMS & CONDITIONS OF COMPETITION

1. Definitions

Unless the context provides otherwise, the words and expressions set out below will have the following meanings and cognate expressions shall have corresponding meanings:

1. 1. “Applicable Law” means any national (or provincial) legislation, statutes, ordinances and other laws and regulations and any by-laws of any legally constituted public authority, including but not limited to: (i) any applicable statute or proclamation or any delegated or subordinate legislation; (ii) any common law and any applicable judgment of a relevant court of law that is a binding precedent; and (iii) any regulation, rule, condition, direction, decision, notice, notification, guideline, code of practice, decree, circular, decision or other requirement, directive or order made by any regulatory authority or regulatory body or other legally constituted public authority (including any enforcement action, direction or fine made or levied) whether or not expressed to be legally binding; in each case in force at any time in any relevant jurisdiction;

   2. “Business Day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa, within the meaning of the Public Holidays Act, 1994;

   3. “Promotion” means the promotion as set out in the Information Schedule;

   4. “Promotion Period” means the period as set out in the Information Schedule;

   5. “Goods” means the Goods subject to the promotion described in the Information Schedule;

   6. “Information Schedule” means the schedule attached to these T&Cs as Schedule 1;

   7. “Qualifying Consumer” means a person who purchases the Goods and receives the Voucher;

   8. “Premier FMCG” means Premier FMCG Proprietary Limited (Registration Number 1968/002379/07) a company duly incorporated in accordance with the company laws of the Republic of South Africa;

   9. “Voucher” means the subscription benefit, as described in the Information Schedule; and

   10. “T&Cs” means these competition terms and conditions, including the schedule hereto.

2. Application of Terms and Conditions
   
   By choosing to enter the Promotion, the Qualifying Consumer agrees to be bound by these T&Cs, which the Qualifying Consumer acknowledges to have read and understood. 

3. Entry Requirements

   1. In order to be eligible for participation in this Promotion, a person must:

      1. be a South African citizen or permanent resident;

      2. be over the age of 18 (eighteen) or if the Qualifying Consumer is under the age of 18 (a minor), he/she must be duly represented by a parent or legal guardian who represents and warrants that he/she has the right, power and authority to consent to these T&Cs on behalf of the Qualifying Consumer (the minor) and him/herself;

      3. successfully enter the Promotion in accordance with the entry mechanism set out in the Information Schedule; and

      4. adhere to the terms and conditions that apply to this Promotion.

   2. Qualifying Consumers may only enter this Promotion in the Republic of South Africa.

   3. Vouchers are limited to the number per Qualifying Consumer as set out in the Information Schedule.

   4. The Promotion will run for the Promotion Period and will be subject to while stocks last.

   5. By choosing to redeem the Voucher, the Qualifying Consumer confirms that he/she is eligible to do so and is eligible to claim the Prizes.

   6. The Voucher reward made available through this Promotion is offered by a third-party service provider, and access is subject to that provider’s own terms of use, registration process, and platform availability. Premier FMCG will not accept responsibility for any issues relating to:

      1. The registration process with the third-party redemption;

      2. Delays or failures in Voucher redemption or code activation;

      3. Technical issues, service interruptions, network failure or availability of the app;

      4. ata breaches, privacy concerns, or unauthorized use of personal information by the third-party provider;

      5. Any errors, omissions, or inaccuracies in the apps content or performance;
      6. Failure by the third-party provider to honour, maintain, or support the subscription(s);
      7. Any lost, expired, or used Voucher codes, lor
      8. Any matters outside Premier FMCG’s control once the Voucher has been issued.

   7. Users are responsible for ensuring they meet the technical and system requirements to access and use the app and should direct any support queries or complaints to the third-party provider directly.

   8. The Qualifying Consumer is solely responsible for any and all reasonable costs or expenses incurred by the Qualifying Consumer in redeeming the Voucher (including but not limited to: calls made, internet service provider charges, telephone fees and other costs). Under no circumstances will Premier FMCG cover these or any additional costs.

   9. The Participant shall not disclose to any third party (including competitors of Premier FMCG) any information relating to the Competition or the affairs of Premier FMCG which may come to his/her knowledge during or in connection with his/her participation in the Competition.

4. Vouchers and Award Terms

   1. The number of Vouchers is set out in the Information Schedule. The Qualifying Customer will be entitled to the reward upon redemption.

   2. Premier FMCG does not accept any responsibility if the Qualifying Consumer is not able to take up the Voucher.

   3. Vouchers are subject to availability and cannot be negotiated, transferred or exchanged.

   4. Vouchers are not redeemable for cash.

5. Use of Personal Information

   1. Personal information shall bare the meaning as described in Section 1 of the Protection of Personal Information Act 4 of 2013.

   2. Premier FMCG does not collect, store or process any personal information from Qualifying Consumers in connection with this Promotion. The Goods are distributed via retailers and do not require any direct interaction or data submission to Premier FMCG.

   3. Qualifying Consumers are advised to review the third-party provider’s privacy policy and terms of service when redeeming the Voucher, as their personal information will be subject to that provider’s data processing practices in accordance with the applicable data protection laws

   4. Premier FMCG accepts no liability for any unauthorised access, data breach, or misuse of personal information that may occur through the third-party platform

6. Limitation of Liability, Warranties and Indemnities

   1. To the greatest extent permitted by Applicable Law, Premier FMCG, its employees, officers, directors, agents and associates (the “Indemnified Parties’’) shall not be liable for and each, Qualifying Consumer hereby indemnifies and holds the Indemnified Parties harmless from any and all claims, damages, liabilities, costs, expenses and/or penalties (as applicable) suffered or incurred by any person as a result of entry into the Promotion, participating in the Promotion or receiving or using any Voucher. This is without prejudice to any rights or remedies that any Qualifying Consumer or winner has available to it under Applicable Law and that cannot be excluded, limited or waived.

   2. All products given as part of the Promotion are subject to all applicable warranties, guarantees and instructions of use accompanying such products.

7. Force Majeure

In the event of any act of God, governmental act, strike, war, riot, civil commotion, lockout, fire, flood, accident, or any other exceptional event or circumstances of whatever nature arising or action taken beyond or outside the reasonable control of Premier FMCG preventing or delaying it from performance (any such event hereinafter called "Force Majeure") then Premier FMCG shall be relieved of all such obligations to the Qualifying Consumer during the period that such Force Majeure continues and shall not be liable for any delay or failure in the performance of any obligations or loss or damage which the Qualifying Consumer may suffer due to or resulting from the Force Majeure. 

8. General

   1. Premier FMCG may in its sole and absolute discretion amend or update these T&Cs at any time, by publishing the revised terms and conditions on the website identified in the Information Schedule. The Qualifying Consumer will be provided with written notice where Premier FMCG amends or updates these T&Cs.

   2. Premier FMCG reserves the right to hold void, suspend, cancel, or amend the Promotion if it becomes necessary to do so (in the sole discretion of Premier FMCG).

   3. Premier FMCG may disqualify an entry if, in Premier FMCG’s sole and absolute opinion, it contains any content which is obscene, vulgar, harassing, unlawful, illegal, harmful, inflammatory, hateful or otherwise objectionable or infringes the rights of any third party in subject matter or wording, or which is otherwise unsuitable for publication.

   4. Premier FMCG further reserves all rights to disqualify the Qualifying Consumer if his/her conduct is contrary to the spirit or intention of the Promotion.

   5. In the event of a dispute regarding any aspect of the Promotion and/or these T&Cs, Premier FMCG’s decision will be binding and final and no correspondence will be entered into.

   6. In the event of a dispute regarding the redemption of the Voucher, the third-party provider will advise and no other correspondence will be entered into with Premier FMCG.

   7. Premier FMCG reserves the right to cancel, suspend, amend or terminate the Promotion or extend the Promotion Period at any time and without notice to the Qualifying Consumer.

   8. Premier FMCG will never ask you to provide banking details in order to take part in a Promotion.

   9. These T&Cs constitutes the entire agreement between the parties and supersedes any prior written or oral agreement between them as far as the subject matter contained in these T&Cs is concerned and no party shall have any claim or right of action arising from any undertaking, representation or warranty not expressly included in these T&Cs.

   10. If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these T&Cs.

   11. Save as otherwise expressly provided in these T&Cs, no agreement to vary, waive, amend add to, delete from or cancel any provision of these T&Cs (including this 8.11) shall be effective unless reduced to writing and signed by the parties or on behalf of the parties by their duly authorised agents.

   12. Save as otherwise expressly provided in these T&Cs, neither party shall be entitled to assign, cede, delegate or otherwise transfer or deal with these T&Cs or any of its rights and obligations under it, in whole or in part, without the prior written consent of the other party.

   13. Any failure by any party to exercise or delay by any party in exercising its rights or remedies provided under these T&Cs or by Applicable Law does not constitute a waiver of that or any other right or remedy and does not prevent, limit or restrict the future exercise or enforceability of that or any other rights or remedies. No single or partial exercise of any right or remedy provided under these T&Cs or by law prevents or restricts the further exercise of that or any other right or remedy.

   14. The validity of these T&Cs, its interpretation, the respective rights and obligations of the parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa.

   15. To the extent permitted by Applicable Law, the Qualifying Consumer hereby consents and submits to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg for the purposes of all or any dispute or legal proceedings arising from or concerning these T&Cs.

   16. The stipulations for the benefit of Premier FMCG’s employees, officers, directors, agents and associates and the Participating Stores, their employees, officers, directors, agents and associates shall, by way of stipulatio alteri, constitute a contract for the benefit of such persons which shall be capable of acceptance at any time by any of them by written notice to that effect to the Qualifying Consumer. Prior to acceptan

   17. No rule of construction shall be applied to the disadvantage of a party to these T&Cs because that party was responsible for or participated in the preparation of these T&Cs or any part of it.

   18. Where the words include(s), including or in particular followed by specific examples shall be construed by way of example or emphasis only and shall not be construed, nor shall it take effect, as limiting the generality of any preceding words, and the eiusdem generis rule is not to be applied in the interpretation of such specific examples or general words and where the context permits, the words other and otherwise are illustrative and shall not be construed eiusdem generis with or limit the sense of the words preceding them where a wider construction is possible.

   19. All enquiries regarding the Promotion should be sent to Premier FMCG at customercare@premierfmcg.com or 0860 122 300 (SA only).

SCHEDULE 1 – INFORMATION SCHEDULE

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