TERMS AND CONDITIONS – Simba Back to school Promotional Competition 2019
1. Please read the competition terms and conditions (“Terms”) carefully.
2. Instructions on how to enter this Competition (“Competition”) including all rules, mechanics, procedures, directions and all prizes (“Prizes”) form part of these Terms. If you take part in this Competition, you expressly agree to be bound by these Terms and accept that the Promoter’s decision is final and shall be made in the sole, absolute and unfettered discretion of the Promoter and no correspondence will be entered into. Prizes are not transferable or exchangeable in any form and in particular cannot be exchanged for cash.
3. The Competition is organised and conducted by Simba (Pty) Ltd, a wholly-owned subsidiary of PepsiCo Inc. (“PepsiCo”) situated at Clearwater Estate Office Park, corner Park & Atlas roads, Boksburg, Gauteng 1459, Tel: 011 928 6000 (“Simba”) and TMARC situated at Wedgewood Office Park, 3 Muswell Road, Bryanston, Tel: 0114637446 (“Promoter”), and is open to all citizens and legal residents of South Africa (provided that entrant/participant (“Participant”) is also a legal resident in South Africa at the time of winning and receiving any Prize herein), and whom at the time of entering the Competition are over the age of 18 (eighteen) years, and are in possession of a valid South African Identity Document (note: in the case of residents, Participants must also have a valid passport and necessary residency permission). Persons that are excluded from entering the Competition include any person who is a director, member, partner, employee or agent of, or consultant (“Associates”) of the Promoters and/or PepsiCo, or any other person who directly or indirectly controls, is employed by or is controlled by the Promoters, and/or immediate family members of Associates, who are indirectly or directly connected to or employed by any party in the aforementioned capacities or relationships, their advertising agencies, manufacturers, distributors or bottlers of beverages/products identified by the trademarks owned by or licensed to Simba (Pty) Ltd, PepsiCo Inc. and its affiliates (“Disqualified Persons”).
4. The Competition will run from 18 December 2018 at 00:01 and will end on 31 March 2019 at 00:00 (“Competition Duration” or “Promotional Period”). No entries received after 31 March 2019 will be considered.
Any person who has won a prize from Simba, the Promoter or PepsiCo in the last 24 (twenty-four) months (as of 31 March 2017) may not qualify as a winner in this Competition.
5. Entry mechanic:
5.1. To stand a chance of winning a share in R5 Million (Five Million Rand) in branded cash cards, stationery vouchers, textbook vouchers and bursaries as well as a grand Prize: Literacy Lab worth R1 million (One Million Rand), Participants must purchase any participating Simba competition branded pack (“Participating Product”) during the Competition Duration and enter the Competition on the dedicated Competition line as outlined below.
5.2. The Participants must initiate entry of the Competition, during the Promotional Period, by following these steps:
5.2.1. purchase a Participating Product;
5.2.2. look for a unique code inside the Participating Product pack;
5.2.3. dial *120*74622*uniquecode# on their cellphone;
5.2.4. complete the dial by pressing the hash (#) key i.e. dial: *120*74622*unique code#
5.3. Participants may enter the Competition as many times as they wish, provided that they purchase a Participating Product for each entry and keep the proof of purchase. Proof of purchase is a till slip or such alternative proof as may be acceptable to the Promoters (“Proof of Purchase”).
5.4. Calls cost 20c (twenty cents) per 20 (twenty) seconds, to qualify for 1 (one) entry into the Competition. Free minutes and SMS bundles do not apply.
5.5. Participants must enter this Competition on a cellphone that is owned and registered in their name, or if the cellphone is registered in someone else’s name participants must be able to provide the Promoters with proof of express authority by the registered owner of the cellphone, for use of the cellphone. In the event of a dispute on the use of the cellphone or the entry of the Competition, the Promoters will award any due Prize (s) to the registered owner of the cellphone.
5.6. The cellphone used to enter the Competition number must be contactable during office hours (08h00 – 17h00) Monday to Friday, for winner verification purposes.
5.7. All entries from Disqualified Persons cellphone numbers will be rejected;
5.8. No computer-based entries will be accepted;
5.9. Any cellphone number that enters an incorrect code 5 (five) times in succession will be locked out of the Competition for the Competition Duration (“Blocked Participants”);
5.10. Blocked Participants have an opportunity to call the Client Call Centre on 086 11 000 97 between 09h00 – 16h30 Monday to Friday should there be a valid reason, which is accepted by the Promoter in its sole, absolute and unfettered discretion, to uplift the block imposed for the Blocked Participants entering an incorrect code 5 (five) times in succession.
6.1. Participants stand a chance to win Competition Prizes totaling R5 000 000 (Five Million Rand) comprising:
- 1000 (one thousand) Van Schaik Bookstore text book vouchers valued at R1000 (one thousand Rand) each
- 2000 (two thousand) Bidvest Waltons stationery vouchers valued at R500 (five hundred Rand) each
- 100 (one hundred) Simba Branded Cash Cards valued at R1000 (one thousand Rand) each
- 300 (three hundred) bursaries valued at R10 000 (ten thousand Rand) each
Grand Prize: The grand prize is 1 Literacy Lab worth R1million (One Million Rand), which includes a minimum of one hundred (100) books, 4 (four) computers, 10 (ten) e-readers, board games, puzzles, stationery, in the quantities determined by Simba, at Simba’s sole and unfettered discretion, and such equipment as may be deemed, by Simba, at Simba’s sole and unfettered discretion, reasonably necessary equipment for the running of the Literacy Lab.
7. Further details relating to the instant Prizes:
7.1. The Van Schaik Bookstore textbook vouchers and Bidvest Waltons stationery vouchers will be issued randomly to Participants who meet the valid entry criteria.
7.2. Winners will be notified immediately within the entry session that they have won and their voucher will be delivered to them electronically via SMS message immediately after they have won.
7.3. The voucher message will have a unique voucher code that can be redeemed at either any Van Schaik Bookstore or Bidvest Waltons store respectively.
8. Further details relating to the other Prizes:
8.1. Prize winners will be chosen randomly from all valid and legitimate entries received at the time of the draws using a computer-generated system. Potential winners will be contacted telephonically (using telephone number used to enter the Competition) to submit relevant documentation that may include a proof of purchase, copy of Identity document and/or proof of ownership of cellphone number used to enter the Competition before being declared as a winner.
8.2. If the Promoters are unable for any reason whatsoever to get hold of the winner on the cellphone number used to submit the selected entry into the Competition, they will keep trying for 48 (forty eight) hours from the initial call before the potential Prize will be forfeited, revert back to the Promoters and an alternative winner shall be drawn in the same manner as the first.
8.3. The potential winner is not a winner until all requisite documents have been validated. The potential winner has 48 (forty eight) hours to produce the till slip and relevant documentation; if the potential winner does not do so within 48 (forty eight) from the date that they are first contacted by the Promoters, then they will automatically forfeit the respective Prize(s) and the Promoters may move on to select another winner in the same manner as the first.
8.4. Proof of school banking details will be required for the bursary prizes as monies are paid directly to the school.
8.5. Delivery details will be required for the branded cash cards to be couriered to the winner.
8.6. In cases where the cash card is lost or stolen, Simba/Promoter will not replace or reimburse the remaining balance on the card. Simba/Promoter will not be responsible for the any balance lost on the cash card as a result of theft or fraud. Simba/Promoter will not be responsible for any unauthorised use where the card number and/or PIN have become known to another party.
8.7. The cash prize loaded onto the card is valid for 3 (three) years from activation and any cash remaining on this card when it expires will be lost to the winner.
9. Further details relating to the Grand Prize:
9.1. In order to redeem the grand Prize, the winner must select a registered school or NPO to donate the Literacy Lab to. The winner will be provided with the option to select a school or NPO from a predetermined list that meets the recipient criteria; or to nominate a school or NPO that will undergo a vetting process by Promoters to determine whether they meet the criteria. To redeem the Literacy Lab, the recipient must meet the following criteria:
9.1.1. Be located in a disadvantaged urban or rural community ;
9.1.2. Be at least three years old;
9.1.3. Be run by a board of trustees that is separate from the people who work in the project;
9.1.4. Be registered with the Department of Social Development’s NPO Directorate;
9.1.5. Have a valid bank account with a recognized banking institution;
9.1.6. Operate within an annual budget of more than R1 000 000.00 (one million rand) per annum;
9.1.7. Have latest audited financial statements;
9.1.8. Run programs that are in line with proposed vehicle specifications;
9.1.9. Must meet the necessary building requirements of the Literacy Lab;
9.1.10. Have a custodian to manage and run the Literacy Lab;
9.1.11. Be able to submit bi-annual reports for a minimum of 5 (five) years after receiving the Literacy Lab;
9.1.12. Be willing to accept and comply with these Simba terms and conditions for acceptance and use of the Literacy Lab; and
9.1.13. Be willing to sign Simba’s Charitable Donations Agreement.
9.2 The Promoters will not be responsible for any other expenses which the consumer and/or partner(s) may incur as a result of their acceptance and/or use of any Prize, whether foreseen or not.
10. Invalid Entries: Entries which are incomplete, unclear, submitted via an incorrect entry mechanism, submitted after the last day of entry or contain errors or false information, or are from Disqualified Persons will be declared invalid. The Promoters may refuse to award the Prize if the Terms have not been adhered to or if the Promoters detect any irregularities or fraudulent practices.
11. Defects: The Promoters are not liable for any defect or deficiency in the Prizes.
12. Prize Substitution: The Promoters reserve the right to substitute Prizes with any other prize of similar value.
13. Limitation of Liability: To the maximum extent permitted by law, the participants, winners or users of the Prizes indemnify and hold the Promoters, their advertising agencies, advisers and nominated agents and each of their affiliates blameless for any loss, damage, harm or injury, which the participants, Prize winners or users of the Prizes may sustain as a result of any claim which may be made against it by any third party. The participants, winners or users of the Prizes indemnify the Promoters, their advertising agencies, advisers, nominated agents, suppliers, packagers, and Bottlers of beverages identified by the trademarks owned by or licensed to PepsiCo Inc., its affiliates and/or associated companies against any claim of any nature whatsoever arising out of and/or from their participation in any way in the Competition or their use of the Prizes (including, as the result of any act or omission, whether negligent or otherwise on the part of the Promoters).
14. Image Rights: The Promoters may request the winner to be identified and photographed and to have the photographs published in various media, including but not limited to print and web-based media, or to appear on radio and television, when accepting their Prizes and/or after having received their Prizes. The winners will be given the opportunity to decline the publication of their images or participation in the Promoters’ marketing material so far as it relates to the Competition.
15. Transgressions: Any attempt to damage or interfere with the social media pages and website used in connection with the Competition or the information on it, or to otherwise undermine the legitimate operation of the Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. The Promoters reserve the right (subject to applicable law) to disqualify and/or ban any individual who tampers with or attempts to subvert or interfere with the Competition website or entry process or Prize retrieval process.
Any participant who transgresses any of these terms and conditions or who acts in any way contrary to the spirit of this Competition may be banned from entry into this, or into any other Promoter or Simba or PepsiCo Inc. promotional competitions, for a period deemed appropriate by Promoter management.
16. Cancellation and Amendment: Promoters reserve the right to cancel or amend or alter the Competition and its Terms or Prizes (not already awarded, to any other prize of comparable commercial value) at their own discretion at any time, if deemed necessary in their opinion and/or if circumstances arise outside of their control, without prior notice and no participant shall have recourse for such cancellation or alteration. Any changes will be posted either within the Competition information or these Terms shall become effective immediately after being altered or on such date as may be determined by the Promoters. No participant shall have any recourse against the Promoters as a result of the alterations of the Terms or Prizes.
17. Technical failures and Unauthorized intervention: If for any reason the Competition is not capable of running as planned as a result of any technical failures, unauthorized intervention, computer virus, mobile network failure, social media site downtime, tampering, fraud or any other causes beyond the Promoters’ control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, the Promoters reserve the right to cancel, terminate, modify or suspend the Competition and/or to disqualify and/or ban any individual who (whether directly or indirectly) causes (or has caused or has attempted to cause) the problem. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoters and which prevents the Promoters from complying with these Terms, the Promoters will not be liable for any failure to perform or delay in performing its obligation
18. Non-Waiver of Terms: A failure by the Promoters to enforce any one of the Terms in any instance(s) will not give rise to any claim or right of action by any participant or Prize winner, nor shall it be deemed to be a waiver of any of the Promoters’ rights in relation to the same.
19. Legal Compliance: All participants are advised that in compliance with the laws of the countries in which the Promoters operate, the Promoters are required to retain certain information (where applicable) of participants and winners for a period of 3 (three) years (“Personal Information”). Such Personal Information to be retained by the Promoters includes (but is not limited to) the full names, identity numbers, contact details and winners’ acknowledgement of Prize receipts. Accordingly, the Promoters will require the winners to complete and submit an information disclosure agreement and indemnification to enable the Promoters to ensure compliance with these rules, as well as with the South African Consumer Protection Act 68 of 2008 (“Consumer Act”). Should any participant and/or winner refuse or be unable to comply with this rule for any reason, such participant and/or winner will be deemed to have rejected the Prizes and it shall revert back to the Promoters.
20. Severability: If any provision of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.
21. Law and jurisdiction: These Terms shall be governed by the laws of South Africa. The participant consents to the non-exclusive jurisdiction of the High Court (Gauteng Local Division, Johannesburg) in respect of all matters arising out of or in connection with the Terms.
22. Inquiries: All queries in connection with this Competition should be directed to the Simba Customer Care Line – 086 11 000 97 during business hours.
23. Availability of these Terms: The competition rules are available to download in printable form on the Simba Facebook page on www.facebook.com/SimbaChips. They can also be found on the Simba website: www.simba.co.za