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Terms and Conditions of Competition

 



Find the Magic of Easter with Snowflake Competition

1. Promoters


The Promoters to this Find the Magic of Easter with Snowflake (“Competition”) are Massmart Holdings Limited with its registered address at 16 Peltier Drive, Sunninghill, 2157 and its operating unit, Masstores (Pty) Ltd with registration number: 1991/006805/07), trading as Makro (“Makro”) and Premier FMCG (Proprietary) Limited (Registration Number 1968/002379/07) (“Premier”) a company duly incorporated in accordance with the company laws of the Republic of South Africa, collectively (‘the Promoters”).

2. Who May Enter:


    2.1 Entry into this Competition is open to the Promoters’ customers who are above the age of 18 years, in possession of a valid South African Identity Document, or passport with a valid temporary or permanent residence permit for South Africa and are registered on the Makro’s Data Warehouse System, and whose credit accounts are current and in good standing on the date of the draw (“the Participants”).

    2.2 Any employee, director, member, partner, agent or consultant or any person who directly or indirectly controls or is controlled by the Promoters and/or immediate family members of any employee, director, member, partner, agent or consultant of or person indirectly or directly in control of or controlled by the Promoters, their advertising agencies, advisers, dealers, suppliers, service providers, its affiliates and/or associated companies are not eligible to participate in this Competition. The Prize will only be awarded:


      2.1.1 to a natural person and will not be awarded to any legal entity. Where a winner is not a South African citizen, a valid passport and temporary or permanent residence permit must be presented in order to be awarded the Prize; 2.2.2 if it is not unlawful to supply the Prize to a person in terms of any legislation or public regulation and the Promoters reserve the right to require proof that it will not be unlawful to supply a Prize (for example to request the winner of a TV to provide his/her valid, fully-paid up TV license to the Promoters before they can hand over the prize); 2.2.3 to a Participant who adhered to the terms and conditions that apply to this Competition.


3. Agreement and amendments to these terms and conditions


    3.1. By entering this Competition, you agree to be bound by these terms and conditions which will be interpreted by the Promoters, whose decision regarding any dispute will be final and binding. You may request to be furnished with a copy of the terms and conditions at no cost by emailing such request to xoli.mbayimbayi@makro.co.za or customercare@premierfmcg.com

    3.2. The Promoters reserve the right to amend, modify, change, postpone, suspend or terminate this Competition and any Prizes (which have not yet been subject to a draw), or any aspect thereof, without notice at any time, for any reason which the Promoters reasonably deem necessary.

    3.3. The Promoters reserve the right to extend the duration of the Competition period in the event that the Promoters have not received the minimum number of qualifying entries for the Competition period.


4. Competition Period


This Competition commences on 1 March 2024 and ends on 14 April 2024, both days inclusive (“Competition Period”). Any entries received after the close of the Makro store’s operating hours, which are contained on the Makro website, will be invalid and will not be considered. Online purchases made after 23h59 on the last day of the Competition will not be considered.


5. Prize/s


    5.1 You agree and understand that you stand a chance to win 1 (One) of 10 (Ten) Smeg Baking Mixers to the value of R100 000.00 (One Hundred Thousand Rand) (“the Prize”).

    5.2 There is no guarantee that you will receive a Prize when entering this Competition.

    5.3 The Prize shall be distributed to 10 (Ten) winners randomly drawn from online and in-store qualifying entries received. The Promoters reserve the right to amend this qualification at their sole and absolute discretion.

    5.4 The Prize is not transferable by the winners and may not be deferred, changed or exchanged for cash or any other item.

    5.5 The Promoters reserve the right to substitute the Prize with any other Prize/s of comparable commercial value.

    5.6 Although the Promoters have taken care to make sure that the Prizes are of a good quality, subject to the Consumer Protection Act No. 68 of 2008 (“CPA”), the Promoters do not give any warranties about the Prizes and by participating in this Competition you agree to accept the Prize “as is”. Subject to applicable law, you also indemnify the Promoters, its employees, officers, directors, agents and associates against any damages that anyone may suffer as a result of the use of the Prizes or participation in this Competition, including, but not limited to, any claim, liability, cost, expense, damages, consequential damages, economic loss or penalty suffered or incurred.

    5.7 Each Prize does not include any other costs or expenses relating to the Prize or the enjoyment of the Prize not expressly specified in these Terms and Conditions.

    5.8 To the extent that any taxes, duties, levies or other charges may be levied on a Prize by the government or any other competent government or regulatory body, the winners will be liable therefor, and the Promoters will not increase the value of the Prize to compensate for such charges.


6. How to Enter


    6.1 You will be eligible to automatically be entered into the Competition when you use your Makro card and purchase any 3 (Three) Snowflake cake flour 2.5kg, Self-rising flour 2.5kg and Easymix 1kg online or in store (“Participating Products”).

    6.2 You may enter this Competition as many times as you wish provided each qualifying purchase contains the Participating Products. However, you are only eligible for 1 (One) Prize under this Competition.

    6.3 Your entry will be withdrawn if your entry does not meet the qualifying criteria set out above or if the Participating Products purchased in connection with this Competition is returned.


7. Winner/s


    7.1 There will be 10 (Ten) winners randomly drawn from all qualifying entries received around the Republic of South Africa.

    7.2 The winners will be randomly selected from eligible entrants for the relevant Competition Period around 19 April 2024 but not later than 3 (Three) months after the closing date of the Competition.

    7.3 The winners will be selected by an independent third party.

    7.4 In order to be eligible to win a Prize, you must have complied with these Competition Terms and Conditions, must not have issued dishonoured cheques and payment must have been processed for the Participating Products. You must not have committed any act of fraud or other criminal act against the Promoters.

    7.5 The results containing the winner’s name and town/city will be published on the Promoters’ website and other media. The winners will be required to sign an acknowledgement of receipt of Prize.

    7.6 The winners may also be requested to be photographed and/or identified in any media, which is inclusive of but not limited to television, radio, print publications and online sites in which the Competition receives exposure and for future marketing initiatives with the understanding that the winner may decline such an invitation.

    7.7 The winners will forfeit their Prize in the event that they fail to comply with the Promoters’ requirements within the time period of 5 (five) working days provided by the Promoters in order for the Promoters to process the Prize.

8. Accuracy of Information


    8.1 It is your responsibility to ensure that of all information provided by or on behalf of you to the Promoters is accurate, complete and up-to-date at all times.

    8.2 The Promoters will notify the winners of the Prize by contacting the winners using the contact details supplied to the Promoters by or on behalf of the winners. The Promoters will attempt to contact the winners at least 3 (Three) times, but if the Promoter is unable to contact the winners within 3 (Three) working days, such winners will forfeit their Prize and the Promoters reserve the right to redraw such Prize and a second draw will be held where the procedure as set out above will be repeated.

9. Redemption of the Prize


    9.1 The Promoters will contact the winner in order to arrange for the collection of the Prize from the relevant store.

    9.2 The Promoters accept no liability for any further and or additional costs and/or expenses in relation to delivery of the Prize, and the winner indemnifies the Promoters, its directors, employees, shareholders and agents against any claim of whatsoever nature howsoever arising.

10. Indemnities


    10.1 You enter the Competition entirely at your own risk. The Promoters and their directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, any participating store and/or its subsidiaries cannot be held responsible or liable for any accident, injury, harm or loss suffered by any person or entity as a direct or indirect result of entering the Competition or suffered as a direct or indirect result of the utilisation in any way whatsoever of the Prize won in terms of the Competition.

    10.2 The Promoters and their service providers, are not responsible for:

      10.2.1 incorrect and inaccurate transcription of entry information; 10.2.2 technical malfunction; 10.2.3 inappropriate images and comments posted by the entry or by the public; 10.2.4 lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network or computer equipment or software; and/or 10.2.5 the inability to access any website or online services or any other error.

    10.3 Competition artwork is for illustrative purposes only. Participants hereby agree to release and indemnify the Promoters and their directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and subsidiaries and hold it harmless against any and all losses, harm, damages, rights, claims and actions of any kind in connection with the Competition, promotion or special offer or resulting from the participation in the Competition or acceptance, possession, use or receiving of any Prize relating to the Competition, including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.

    10.4 This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform that may be used as an intermediary.


11. Disputes


    11.1 In the event of a dispute, the decision of the Competition judges is final and binding and no correspondence will be entered into.

    11.2 For more information or a copy of these Terms and Conditions, please visit www.makro.co.za or www.premierfmcg.com . Any Promotion related queries may be directed to Makro at 0861 4263 2273 or email on service@makro.co.za from Monday to Friday, 08h30 to 17h00 or Premier FMCG at 0860 122 300 or email at customercare@premierfmcg.com.

12. Redemption of the Prize


There are certain situations in which a winner will forfeit his/her Prize, namely:

    12.1 The winner has already won a Prize in this Competition or in any Competition run by the Promoters in the previous 3 (Three) months;

    12.2 The winner fails to provide participant information within 24 (Twenty-Four) hours of it being requested by the Promoters;

    12.3 The winner fails to comply with any of these terms and conditions or the terms of acceptance of the Prizes and he/she is found to have contravened any other rule set out herein;

    12.4 If the winner refuses to sign the Promoters’ winner’s declaration or the Promoters’ winner’s Prize acceptance form;

    12.5 If the winner fails to accept delivery of the Prize after the Promoter has made at least 2 (Two) attempts to deliver it; and

    12.6 If is unlawful for that winner to receive that Prize.


The above listed will be construed as a rejection of the Prize and then, without prejudice to any other remedy which the Promoters may have, the winner will be automatically disqualified and will forfeit the Prize.

13. Data Protection


    13.1 You hereby consent to the Promoters using and processing your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) in order to process your entry as stated herein as well as for any marketing and future promotions, if opted in.

    13.2 The Participant can refer to the Privacy Notice available at https://www.massmart.co.za/privacy-centre and https://www.premierfmcg/privacy-policy to confirm how the Promoters will process your Personal Information.

    13.3 Any personal information relating to the winner and/or a Participant will be used solely in accordance with the Consumer Protect Act and POPIA and will not be disclosed to a third party in contravention of POPIA, save for a third party used for the sole purpose of prize fulfilment.

    13.4 By participating in the Competition, you consent to the sharing of your personal information between the Promoters and their affiliates including holding and subsidiary companies.

    13.5 By posting any content, images, or comments on any of the Promoters’ public and social media platform or by sending any such content to the Promoters, a Participant consents to and gives the Promoters a world-wide royalty free licence to reproduce, modify, adapt and publish such content, images or comments for the purposes of promoting the Promoters’ products and/or services.

    13.6 The Participant agrees that any photographs taken of them in relation to this Promotion will become the property of the Promoter to use in any marketing campaigns as the Promoter deems fit.

    13.7 Each Participant warrants that they have the authority to allow the Promoter to use their personal information for purposes of the Promotion.

14. Intellectual Property


    The Participants and/or winners grants to the Promoters a transferable, non-exclusive, worldwide, irrevocable, perpetual, royalty-free licence to use and sub-license the materials submitted by them in the Competition, including the intellectual property rights, image rights and personality rights in such materials.

7. Force Majeure


    In the event of any act of God, strike, war, riot, civil commotion, lockout, fire, accident, or any circumstances of whatever nature arising or action taken beyond or outside the reasonable control of the Promoter preventing it from performance (any such event hereinafter called "Force Majeure") then the Promoter shall be relieved of all such obligations to the Participant or winner 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 Participant or winner may suffer due to or resulting from the Force Majeure.