PAMPELLE SPIRIT APERITIF
PROMOTIONAL COMPETITION TERMS AND CONDITIONS
1.1. This Promotional Competition is conducted by Truman and Orange (Pty) Ltd, a company incorporated in the Republic of South Africa and having its registered address at Hudson Building, 30 Hudson Road, De Waterkant, Western Cape (The Promoter).
1.2. Any person who enters the Promotional Competition (“the Participant”) acknowledges that the terms and conditions set out herein shall be binding on them, and further, that the Promotional Competition shall be subject to the provisions of the Consumer Protection Act No. 68 of 2008 (“the Act”).
1.3. Any person who is a director, member, partner, employee or agent of, or a consultant to the Promoter, or any person who directly or indirectly controls or is controlled by the Promoter, or a supplier of goods and services in connection with this Promotional Competition, is disqualified from participating in this Promotional Competition (“Disqualified Persons”).
1.4. It is specifically recorded that this Promotional Competition is not dependent on the purchase of Pampelle Spirit Aperitif, or any other Truman and Orange brand.
- RULES OF PROMOTIONAL COMPETITION
2.1. The Promotional Competition shall commence on the 15th December 2021 and shall end on the 15th December 2022, both days inclusive.
2.2. To participate in the Promotional Competition, the Participant must be a citizen or a permanent resident of South Africa, be in possession of a valid South African Identity Document, a valid Passport, and must be 18 years or older as at the date on which the Participant enters the Promotional Competition.
2.3. The Participants stand a chance to win a trip to the French Riviera, worth up to R100 000 (one hundred thousand Rand).
2.4. Participants may only enter this competition once through Cutler drinks website.
2.5. Prizes are not transferrable, and may not be deferred, changed, or exchanged for any other item or cash.
2.6. We reserve the right to refuse to award the Prize or disqualify an entrant where there are reasonable grounds to believe there has been a breach of these terms and conditions or otherwise where an entrant has gained unfair advantage in participating in this promotion or won using fraudulent means. Late or incomplete entries which do not satisfy these terms and conditions will be disqualified and not be entered into the Prize Draw.
2.7. The Promotional Competition shall be subject to the international travel restrictions due to Covid 19, and will only be carried out when it is safe for participants to travel.
2.8. Any loss of money from cancellations of booked flights and accommodation for the winner, regardless of Covid 19, shall not be the responsibility of the Promoter and lies solely with winner of the Promotional Competition.
- SELECTION OF WINNER/S AND CLAIMING OF PRIZES
3.1. Participants to whom the final prize will be awarded will be selected through a random draw and only 1 winner will be chosen. The Grand Prize draw will be conducted in the presence of an external auditor in compliance with the Act.
3.2. The selection of the winner will be done two days after the Promotional Competition closes on the 15th of December 2022.
3.3. Winners will be contacted via their email address given, as their entry into the competition.
3.4. Should the Promoter be unable to get in touch with the winner within 14 days of the Promotional Competition selection process, or to complete the verification process after drawing his/her entry for any reason whatsoever, the Promoter reserves the right to disqualify such winner, and in such instance, proceed with the draw of a replacement winner.
3.5. Should a Participant win the prize, the Participant undertakes to expeditiously do all things necessary to enable the Promoter to comply with all of its obligations in terms of the Act, including but not limited to, providing such personal information as may be required in order to facilitate carrying out the trip to the French Riviera (including providing a valid passport, and any details needed for travel).
3.6. The Promoter will require the winner to complete and submit an Information Disclosure Agreement and an Indemnification, to enable the Promoters to ensure full compliance with the terms and conditions of the Promotional Competition, and the Act. Should the winner refuse or be unable to comply with this rule or any other rule contained herein, such winner will be automatically disqualified.
4.1. The Participant shall not hold the Promoter liable for any entries which are not received, whether timeously or at all, regardless of the cause thereof, and shall not hold the Promoter liable for any problems or technical malfunction of any telephone network or lines, computer online systems, service, or providers, computer hardware or software failures or malfunctions, traffic congestion (whether physical, or on the internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems.
4.2. All entries which are unclear or illegible, which are submitted via an incorrect entry mechanism or contain errors or are from a Disqualified Person, will be declared invalid.
4.3. The Promoter does not make any representation or give any warranties, whether expressly or implicitly as to a prize, and in particular, without limitation, makes no representations and gives no warranty that a prize, or any aspect thereof, will –
4.3.1. meet the Participant’s requirements, preferences, standards or expectations; or
4.3.2. be satisfactory and punctual.
4.4. The Participant acknowledges that he/she shall not be entitled to claim a prize, should it be unlawful for the Promoter to supply such a prize to the Participant. Should the Participant not qualify to receive such a prize, the Participant acknowledges that he/she shall be required to forfeit it.
4.5. The Promoter reserves the right to vary, postpone, suspend, or cancel the Promotional Competition and any prizes, or any aspect thereof, without notice, for any reason whatsoever. In the event of such variation, postponement, suspension or cancellation, the Participant agrees to waive any right, interest and expectations that he/she may have in terms of the Promotional Competition, and acknowledges that he/she will have no recourse against the Promoter.
4.6. The Participant agrees that by participating in the Promotional Competition, and his/her acceptance and/or use of a prize, or any aspect thereof, is at his/her own risk.
4.7. The Participant undertakes to sign a waiver of liability and indemnity before claiming any prize. The Promoter cannot be held responsible for any accident, injury or loss of property as a result of winning, accepting and/or utilising the prize won.
4.8. Notwithstanding the above, all Participants and the winner, as the case may be, indemnify the Promoter, its advertising agencies, advisors, nominated agents, suppliers and its affiliates and/or associated companies, against any and all claims of any nature whatsoever arising out of and/or from their participation in any way howsoever in this Promotional Competition (including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of the Promoter and/or use of the Prize).
5.1. Notwithstanding clause 2.1, the duration of the Promotional Competition may be altered at the sole discretion of the Promoter. The Promoter shall have the right to terminate the Promotional Competition immediately, and without notice, for any reason beyond its control.
5.3. The Promoter may require the winner to be identified and photographed, and that the photographs be published in printed media, or to appear on radio and television, or in accepting their prize, and/or after having received the prize. The winner will be given the opportunity to decline to the publication of their images and to participate in the Promoter’s marketing material insofar as it relates to the Promotional Competition.
5.4. Should any dispute arise in relation to the interpretation of the Promotional Competition and/or its terms and conditions, the Promoter’s decision shall be final and binding, and no correspondence shall be entered into.
5.5. These terms and conditions will be construed, interpreted and enforced in accordance with the applicable laws of the Republic of South Africa.
5.6. In the event that any of the terms and conditions contained herein are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these terms and conditions, which will continue to be valid and enforceable.
5.7. Any queries in respect of the Promotional Competition, and a copy of the Promotional Competition rules, can be found by emailing email@example.com
or by calling the Truman and Orange line on 021 035 1629 between 9h00 and 17h00, throughout the period of the Promotional Competition.