COMPETITION / PROMOTION TERMS & CONDITIONS
“Nictus” means all companies in the Nictus Group including but not limited to Nictus Furnishers (Pty) Limited, Nictus Limited, Corporate Guarantee South Africa Limited, and all brands and operating companies controlled by or associated with those entities.
The “Promoter” is Nictus.
“Disqualified Participants” are:
- all Nictus employees, all employees of participating sponsors or promoters and/or advertising agencies and their Immediate Families;
- all people under the age of 18 years where the prize incorporates air travel or any other element which would be illegal to supply to a person under the age of 18 years.
- all people who have won a prize from Nictus in the last 6 (six) months.
“Immediate Families” include spouses, grandparents, parents, children and grandchildren, whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.
- These Promotion or Competition Rules / Terms and Conditions (“the Rules”) apply to all Nictus Promotions or Competitions (collectively the Promotion) conducted by means of any medium – radio, television, print, telephone or computer. The Rules may change from time-to-time.
- If a particular Promotion has specific rules or terms (“the Specific Rules”) those Specific Rules will apply if there is any inconsistency with the Rules.
- Unless otherwise stated in the above-mentioned specific rules or terms, registration, entry or vote is limited to 1 (one) per person. Where multiple registration, entries or votes are acceptable, each must be made separately.
- Entry into the Promotion is deemed to be acceptance of the Rules and confirmation that the entrant has the necessary authority (for example from the account holder) to enter the Promotion.
- The Promotion is open to South African residents only. Disqualified Participants may not enter in the Promotion.
- No purchase is necessary to win or participate in the Promotion, unless specified in the Specific Rules.
- Nictus reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
- Nictus reserves the right to refuse to award any prize to an entrant whom Nictus decides (in its sole discretion) has violated the Rules, gained unfair advantage in participating in the Promotion or won using fraudulent means.
- By participating, entrants grant Nictus exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes, and waive any claims to royalty, right or remuneration for such use.
- All entrant personal details must be valid and up-to-date, and will be held by Nictus, which may be used for the purpose of the Promotion and for future promotion and marketing purposes in accordance with South African law and/or unless otherwise directed by contestants at the time of entry.
- Personal information provided at the time of entry is presumed to be true and, in the case of text or e-mail notification, active, through to and beyond the date of the Promotion’s completion.
- Where the Promotion involves SMS / texting, the following apply:
- Standard SMS text charges will apply, unless otherwise stated in the Specific Rules and will depend on the entrant’s particular mobile plan or agreement with their service provider;
- Any form of automated text message is invalid;
- The telephone number from which the entry was made will be stored in a database. The entrant has a two-business-day period from the time of entry to request removal from the database. If no request is made, it is deemed acceptance that the information can be used for future promotion and marketing purposes; and
- Nictus takes no responsibility for text costs incurred after the Promotion has closed as stipulated in the Specific Rules.
WINNING THE PRIZE
- Only the person who originally entered the Promotion can be awarded the prize (“the Winner”).
- The Winner will be determined in a manner set out in the Rules or the Specific Rules – if not specified then as determined by the Promoter who shall for this purpose be deemed the Judge.
- The Judge’s determination of the Winner will be final and no correspondence will be entered into.
- The winner will be notified by e-mail, telephone (voice or text), mail or in-person, and must be available for the preparation of all publicity that may be required by Nictus. Where attempts to contact the Winner fail (e.g. when the Winner cannot be contacted by telephone after three attempts or mail sent is returned) the Judge will select another winner. If, after successful notification, the prize is not collected within 2 (two) months of being announced, it will be regarded as a forfeit. (Note: 3 (three) attempts to contact the Winner will include individual calls to any numbers provided at the time of entry. However, should the prize’s total worth be less than R250, only one failed attempt at contact will be acceptable before the Judge selects another winner.)
- The prize is not redeemable for cash or transferable, unless the contestant wishes to transfer the prize to a charity of their choice. No other family members, friends, office associates or any other person will be able to participate on the Winner’s behalf. In the event that the prize specified in the Competition becomes unavailable for any reason, the Promoter may substitute a prize of like or equal value at its sole discretion.
- Where the Winner is required to claim the prize in person, they must provide proper identification (e.g. driver’s licence, passport, ID). If the Winner is under the age of 18 years, their parent or legal guardian must accompany the Winner or give their prior written consent to the award of the prize.
- The Winner takes the prize entirely at his/her own risk and indemnifies Nictus in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the prize.
- Where the prize includes air travel and/or accommodation, either international or domestic (the “Travel Prize”):
- The Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination.
- Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay) will be the sole responsibility of the Winner.
- When the Travel Prize includes travel to or through the United States, it is the Winner’s responsibility when travelling into or through (transit included) the United States under the Visa Waiver Programme to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 (seventy-two) hours prior to departure if required. The Winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the Winner.
- The Winner and their travelling companion (if applicable) must travel together at all times. The Winner is responsible for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to South Africa.
- Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargoes. The flight itinerary may have to be adjusted depending on the airline’s departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class.
- Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the Winner, which incur additional costs, are to be paid by the Travel Prize Winner.
- Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses, including but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Travel Prize), gratuities, service charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Travel Prize. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.
- The Travel Prize is not transferable or exchangeable, and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable if the Winner is unable to use the Travel Prize stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner’s control or otherwise, then the Winner will forfeit the Travel Prize.
- The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the website of the Department of Home Affairs. The Winner accepts the Travel Prize at their own risk.
- All travel is subject to the terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize (if applicable) accepts the Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter.
- Nictus reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.
- Nictus takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with misspelt keywords, texts with incorrect shortcode, Acts of God or otherwise.
- To the fullest extent permitted by law, Nictus will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.
- Where the prize is to be supplied by an entity outside Nictus’ control and that entity fails, for whatever reason, to supply the prize, Nictus has no responsibility for the provision of the prize and is not obliged to provide an alternative prize or to take legal action to require the prize supplier to provide the prize.
- Participation in the Promotion is deemed acceptance of these Terms and Conditions.
- If the Winner does not accept these Terms and Conditions, the prize will be forfeited.