STANDARD TERMS AND CONDITIONS FOR CAMPAIGNS
- 1. These are the standard terms and conditions for campaigns conducted by or in association with the MultiChoice Africa Group ("MultiChoice").
- 2. Your participation in and/or your acceptance of the campaign (in the event that you are eligible to redeem a prize) constitutes your binding acceptance of the terms and conditions on behalf of yourself and any person with whom you may share a campaign prize (in the event that you redeem a prize which is for you and one or more additional persons ("your partner").
- 3. The campaign is not open to -
- 3.1. directors, members, partners, agents, employees or consultants of the Naspers Group of companies or any supplier of goods or services in connection with a campaign; and
- 3.2. the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 3.1 above.
- 4. Entrants under the age of 18 (eighteen) must obtain permission from their parents or guardians before entering.
- 5. It is your responsibility to ensure that your participation in the campaign is successful (be it by way of payment or submission of completed documentation). Failed attempts to participate in the campaign will not form part of the campaign. We and our affiliates are not responsible for any failed attempts to participate in the campaign, regardless of the cause thereof. Without limitation, we and our affiliates are not responsible for any problems or technical malfunction of any used by yourself to participate in the campaign, including telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
- 6. We and our affiliates are not responsible for any injury or damage to your or any other person's computer, mobile telephone or other device used by you to participate in, or obtain any materials related to, the campaign.
- 7. It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date.
- 8. Any costs or expenses which you may incur other than in respect of those items specifically included in a campaign prize are for your own account. MultiChoice will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of you participating in the campaign and your acceptance and/or use of the campaign prize.
- 9. We do not make any representations or give any warranties, whether expressly or implicitly, as to a campaign prize, and in particular, but without limitation, make no representations and give no warranty that-
- 9.1. your participation in the campaign will necessarily result in the awarding of a campaign prize;
- 9.2. a campaign prize, or any aspect thereof, will meet your, or, if applicable, your partner's, requirements, preferences, standards or expectations; or
- 9.3. a campaign prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
- 10. MultiChoice and its affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a campaign prize or any changes to a campaign prize that may be made at any time.
- 11. Campaign Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item.
- 12. You may not be awarded a campaign prize if it is unlawful for us to supply such a campaign prize to you. If you do win such a campaign prize, you will forfeit it.
- 13. You must possess whatever documents and permissions that may be required in order to accept and use a campaign prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period as may be required by the relevant authorities.
- 14. The campaign participants awarded campaign prizes will be notified by means of the contact details provided to MultiChoice. If we are, or a third party supplier is, unable to contact a participant within 30 days, the participant will forfeit the campaign prize.
- 15. We may invite you to be present when the campaign prizes are awarded to participants in any of our marketing activities, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of our goods or services, for which no fee, royalty or other compensation will be payable. You may decline such an invitation.
- 16. We may require you to provide us with such additional information and documentation as we may reasonably require in order process, confirm and facilitate your acceptance and/or use of a campaign prize. If you refuse to provide us with the requested information or documentation, you will forfeit the campaign prize.
- 17. In the event that you win a campaign prize provided by a third party supplier, the supplier may contact you to arrange the collection thereof. In this regard, you must collect the campaign prize at the time and date arranged with the supplier of the prize. All correspondence regarding the campaign prize must be directed at the supplier of the campaign prize. MultiChoice will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the campaign prize.
- 18. We and our third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the campaign and any campaign prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this campaign and acknowledge that you will have no recourse against us, our affiliates and third party suppliers.
- 19. You agree that your participation in the campaign, and your acceptance and/or use of a campaign prize, or any aspect thereof, is at your own risk.
- 20. We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the campaign or the acceptance and/or use by you, or your partner (if applicable), of any campaign prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
- 21. You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this campaign and/or acceptance and/or use by you of a campaign prize.
- 22. You acknowledge that the acceptance and use of a campaign prize is subject to the proviso that -
- 22.1. all of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith;
- 22.2. you will take full responsibility for your partner;
- 22.3. you indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner suffers any loss or damage pursuant to your partner's acceptance and/or use of a campaign prize;
- 22.4. any minor will be accompanied by a parent or legal guardian.
- 23. If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, -
- 23.1. you will be automatically disqualified and you will forfeit the campaign prize/s (in the event that you have already successfully commenced participation in the campaign);
- 23.2. you will pay us for any loss or damage incurred by us directly or indirectly as a result of your (or, if applicable, your partner's) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner's) non-compliance; and
- 23.3. you indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
- 24. For purposes hereof, "affiliate" means our partners, co-promoters and sponsors of this campaign, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.
- 25. These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa.
- 26. MultiChoice and the judges' decision on any matter concerning the campaign and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.