Ithuba & FLASH Trader Incentive Terms & Conditions
A. The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations, and legal responsibilities which Ithuba Holdings RF (Proprietary) Limited (“The Company”) and FLASH Mobile Vending (PTY) Ltd, registration number 2010/000777/07. (referred to as the “Promoter/s”) will have towards Customers and other persons. These Terms and Conditions also limit and exclude Customers rights and remedies against the Promoter/s and place various risks, liabilities, obligations, and legal responsibilities on Customers. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and the Promoter/s may also have claims and other rights against Customers.
B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the “Consumer Protection Act”), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
C. Please read these Terms and Conditions carefully. Participation in this offer will constitute Customers agreement to comply with these Terms and Conditions. If Customers do not agree with these Terms and Conditions, please do not participate in this offer.
SECTION 49 CONSUMER PROTECTION ACT NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES 1,2,3, 4,5.
1. Terms and Conditions:
1.1 It is important that you understand and agree to these terms and conditions for you to participate in the Ithuba & FLASH Trader Incentive (the “Campaign”).
1.2 This Campaign is open to all the Company and FLASH Consumers who purchase a valid Lotto or Powerball ticket from a FLASH terminal.
1.3 Directors, members, partners, employees or agents of or consultants to the Promoters or their sponsorship agency, or spouses, life partners, parents, children, brothers, sisters, business partners or associates of such persons are able to purchase a valid Lotto or Powerball ticket from a FLASH terminal.
1.4 The Campaign will run from 01 June 2018 to 31 August 2018 (“the Campaign period”).
1.5 You understand that all information (including these terms and conditions) relating to this Campaign published on any promotional or advertising material or on our website at any time before or during the incentive period will form part of the terms and conditions of entry. The Promoters also has the right to withdraw this Campaign before the final draw.
1.6 No responsibility can be accepted for entries not received for whatever reason.
2.1 The reward period for this Campaign are as follows:
01 July 2018 to 30 September 2018. Results for June 2018 sales will only become available in July 2018. All results are reported 1 (one) month in arrears.
2.2 You understand that no reward may be exchanged for cash. The Promoters reserve the right to substitute, change or exchange any reward with another reward of similar commercial value without notice, in their sole discretion. You will not have a claim against the Promoters in this event.
2.3 It is important that you understand that all participants in the Campaign indemnify The Promoters, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential, or otherwise, arising from its participation in this Campaign.
2.4 The Promoters decision in respect of all matters to do with the campaign will be final and no correspondence will be entered into.
3. How to participate in the Campaign:
3.1 To Participate in this Campaign, you must:
3.1.1 Sell R200 (including VAT) or more in Lotto or Powerball from your FLASH terminal to stand a chance to win, 1 (one) of 3 (three) smartphones.
3.1.2 The trader who sells the most in rand value of valid Lotto or Powerball tickets, during the campaign period, will stand to win a LED TV.
3.1.3 This Campaign is open to all the Company and FLASH Consumers who purchase a valid Lotto or Powerball ticket from a FLASH terminal.
4.1 The Trader stands to win:
1 (one) of 3 (three) smartphones valued at R1 500 (Including VAT) each, per month. 1 (one) LED TV worth R4 500 (including VAT), once off.
5. Draw Date:
5.1 Draws will take place 1 (one) month in arrears. I.e. June 2018 sales will be tallied, and a random draw done by the last working day of the next month, July 2018.
5.2 All Traders who qualify will be entered into a random draw to win a smartphone worth R1 500 (including VAT).
5.3 There are 3 smartphones available – 1 per month during the campaign period.
5.4 The Trader who generates the highest rand value in valid Lotto & Powerball ticket sales, during the campaign period, will stand to win a LED TV, worth R4 500 (including VAT).
5.5 Overall Grand prize winner will be drawn by the 30 September 2018.
6. If you qualify for the Campaign Rewards:
6.1 If you are selected as a winner, you may receive an SMS / Call / E-mail. You agree that FLASH may contact you.
6.2 The promoters reserve the right to verify, by whatever means necessary, your eligibility to participate in this Campaign.
6.3 If the drawn winner cannot be contactable within two weeks of the draw date, they will forfeit the prize and the prize will once again be distributed by way of a separate draw. The ineligible winner will have no claim of any nature whatsoever against the Promoters, their directors, affiliates, members, partners, employees, sponsors, agents, or consultants.
6.4 If you receive a reward, the Promoters may publish your name and photograph at no cost to you, for any advertising, promotional, print, point of sale or public relations material for a period of 12 (twelve) months from the end of the Campaign period. You are entitled to say no to this request.
6.5 The Promoters cannot be held liable for the interception or loss of your personal information while transmitted, stored, or processed across the internet, including social media sites and assumes no liability for any interception or loss.
6.6 It is important that you understand that all participants in the Campaign indemnify the Promoters, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential, or otherwise, arising from its participation in this Campaign. Prior to receiving the reward, the Promoters may require you to sign such indemnity.
6.7 If a winner cannot provide such indemnity, they will forfeit the prize and the prize will once again be distributed by a separate draw. The ineligible winner will have no claim against The Promoter in this event. The Promoter reserves the right at any time prior to final draw, to vary the nature of the competition or the prizes or to vary these terms and conditions or to withdraw the competition. In such event, all participants hereby waive any rights that they may have against The Promoters and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against The Promoters, their directors, affiliates, members, partners, employees, sponsors, agents, or consultants.
6.8 Any amended terms and conditions published in any media will immediately form a part of the terms and conditions of the competition, to which terms entrants agree the competition is subject.
6.9 The Promoters may amend, modify, or otherwise change these terms and conditions in its sole and absolute discretion on notice to you and the amended version will be displayed in the same media as these terms and conditions. By participating or continuing to participate in the Campaign, you agree and understand that you will be bound by the amended terms and conditions.
7. Limitation of Liability
7.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 8.2 and 8.3 below, the Promoter will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):
7.1.1 If the Company does not supply or deliver any information, that may be required for this campaign on the required date or time; or
7.1.2 If the Company’s services are interrupted, suspended, or cancelled, for whatever reason; or
7.1.3 If the Company does not suspend the provision of the services to you after you have specifically requested the Company to do so; or
7.1.4 If the loss or damage was caused by any negligent act or failure to act by the Company, its employees or agents; or
7.1.5 as a result of the use of any device supplied to you by the Company relating to this service.
7.1.6 Clause 7.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which the Company gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
8.1 The Promoters are not responsible for a service being interrupted and/or failing for any reason or for any interruption in the company’s services.
8.2 You will be able to access services only when you are in the Republic of South Africa in an area covered by the Company.
8.3 You will be solely responsible for all products and services contained in the Promotional Offer from delivery of the Promotional Offer to you. Accordingly, the Promoters take no responsibility for any loss or damage of any of the contents of this Promotional Offer.
Where you have, during the application process, given your consent in store, you agree to:
A. The processing of your personal information (including your name, surname, id number, telephone number, transactional information and any other information which may be required in terms of the Financial Intelligence Centre Act, 2002, “FICA”) or any other law) (“Personal Information”) by the Promoters, their agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep your Personal Information confidential and will only use your Personal Information for the purposes of providing information about products and services to you and to comply with legal and regulatory obligations;
B. The collection of your Personal Information from any other source to supplement the information which the Promoters has about you;
C. The retention of your Personal Information indefinitely, unless you object, in which case we will retain such information only for as long as legally permitted;
D. The use of your Personal Information to send you information about products, services and special offers offered by the Promoters and its commercial partners that may be of interest to you;
E. The use of your information for purposes required in terms of law, including FICA;
F. A credit enquiry being conducted about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct your account, to credit risk management services and/or crime prevention agencies.
The provision of your Personal Information in terms of this agreement is voluntary.
Subject to applicable law, you may access the Personal Information we have about you by contacting our call centre on 084 193 5274 / 083 903 5274 and request that applicable corrections be made.
If you are unhappy about the way we process your personal information, you should contact our call centre on 084 193 5274 / 083 903 5274. Alternatively, you may lodge a complaint to the Information Regulator.
The responsible party is the Promoters.
If you choose to be excluded from direct marketing campaigns in the future from the Promoters, you must advise the Promoters by contacting us on 084 193 5274 / 083 903 5274 or you can advise us in writing or register a block on any registry which we are bound by law to recognise.