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Voermol Promotional Competition Rules

  1. 1. Interpretation

    In these Competition Rules, unless the context clearly indicates a contrary intention, the following words will have the following meanings and cognate expressions will have corresponding meanings:

    1. “the Act” means the Consumer Protection Act 68 of 2008, as amended;
    2. “Business Day” means a day other than a Saturday or a Sunday or a day which from time to time is a proclaimed public holiday in the Republic of South Africa;
    3. “Campaign Site(s)” means any digital or online interface and/or Website(s) developed for or by the Promoter and which the Promoter makes available to the Participant and which facilitates the engagement between the Promoter and the Participant on matters pertaining to the Competition;
    4. “Competition” means this Competition being undertaken or conducted by the Promoter as detailed in these Competition Rules;
    5. “Competition Rule(s)” means these rules contained herein pertaining to the Promotional Competition;
    6. “Customer(s)” means any natural person(s), or where applicable juristic person(s), with whom the Promoter has concluded an agreement, as well as any Participants who participate in the Promotional Competition;
    7. “Data Subject” means any Customer(s), Participants, Winners or Third Parties;
    8. “Entry Confirmation” means the is the order that is placed with the Promoter’s sales agent or co-op and any further requirements as outlined in the relevant Campaign Site(s) and Marketing Channel(s) relating to the Competition;
    9. “Goods” means the Goods sold by the Promoter to is Customer(s) from time to time the particulars of which set forth on the Promoter’s Website from time to time;
    10. “Marketing Channel(s)” means the various social media, digital, SMS and email marketing channels which the Promoter deploys from time to time;
    11. “Participant” means any natural person who qualifies in terms of clause 4 hereof and who enters into the Promotional Competition in terms of clause 5 hereof;
    12. “Personal Information” shall have the same meaning as is given in section 1 of POPIA;
    13. “Privacy Notice” means the Privacy Notice to which these Competition Rules relate and which can be sourced at https://voermol.co.za/terms-conditions/
    14. “Promoter” means Tongaat Hulett Limited t/a Voermol Feeds (in business rescue) registration number 1892/000610/06, a company registered in terms of the Company Laws of South Africa and has its business address at Amanzimnyama Hill Road, Tongaat, 4400;
    15. “Promotional Competition” means the Competition to which these rules pertain as run by the Promoter during the Promotion Period.
    16. “Promotion Period” means period communicated through the relevant Campaign Site(s) and Marketing Channel(s) or Promoter website in relation to the start and end dates of the Promotional Competition, notwithstanding the dates on which a Winner in terms of the Promotional Competition is to be announced;
    17. “POPIA” means the Protection of Personal Information Act, No 4 of 2013;
    18. “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information/Personal Data, including:
      1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
      2. dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or
      3. merging, linking, blocking, degradation, erasure or destruction. For the purposes of this definition, “Process” has a corresponding meaning
    19. “Prize” means any prescribed prize(s) or benefit(s) as determined by the Promotor in respect of the Promotional Competition, the particulars of which will be published in accordance with the provisions of clause 6 below
    20. “Third-Party” means any third party which provides services as contemplated herein above;
    21. “Third-Party Services” means any third-party services provided by any Third Party described herein above;
    22. “Website” means the website owned and operated by the Promoter sourced at https://voermol.co.za/
    23. “Winner” means the Participants who are successful in the Promotional Competition in terms of these rules and/or the relevant Campaign Site(s) and Marketing Channel(s), and are notified as such by the Promoter in terms of clause 7.
  2. 2. Introduction
    1. The Promoter is offering a Promotional Competition in terms of which the Participants can enter the Promotional Competition to win a Prize in terms of these Rules and/or the relevant Campaign Site(s) and Marketing Channel(s) relating to the Competition.
    2. The Promoter hereby imposes the following Competition Rules.
  3. 3. The Act
    1. The Competition Rules contain certain terms and conditions which may –
      1. Limit the risk or liability of the Promoter, or any relevant Third Party; and/or
      2. Create risk or liability for the Participant; and/or
      3. Compel the Participant to indemnify the Promoter or a relevant Third party; and/or
      4. Serve as an acknowledgement, by the Participant, of certain facts; and/or
      5. Require the Participant to consent to the Processing of his or her Personal Information/Personal Data for the purposes identified in clause 11 below.
  4. 4. The Participant
    1. The Participant must be:
      1. a natural person who is a South African citizens residing in South Africa, in possession of a valid identity document or South African passport and may not be a juristic person;
      2. 18 years or older unless explicitly informed otherwise in terms of the relevant Campaign Site(s) and Marketing Channel(s) relating to the Competition;
    2. The Participant, by entering the Promotional Competition, expressly acknowledges that he/she has read these Competition Rules and the relevant Campaign Site(s) and Marketing Channel(s) relating to the Competition before entering the Promotional Competition and that he/she understands and thereby agrees to these Competition Rules.
    3. It is a material term of the Promotional Competition that all Participants’ to this Promotional Competition participate entirely at their own risk.
    4. No director, employee, agent or consultant of the Promoter or organiser, or their spouses, life partners, business partners or immediate family members, or the supplier of Goods in connection with this Competition may participate in this Competition.
    5. No entries from agents, third parties, organised groups, or applications automatically generated by computer will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.
  5. 5. Entry Rules
    1. To enter into this Competition, unless explicitly informed otherwise in terms of the relevant Campaign Site(s) and Marketing Channel(s) relating to the Competition, Participants will be required to:
      1. Provide the Promoter with the Personal Information/Personal Data requested by the Promoter through functionality on the Campaign Site(s); and
      2. Consent to the Processing of their Personal Information for the purpose(s) identified in these Competition Rules.
    2. Participants must retain their Entry Confirmation as proof of purchase, as it is necessary to verify their entry and participation, the Promoter reserves the right to call upon the production of their Entry Confirmation.
  6. 6. The Prizes
    1. The particulars of the Prize, the dates upon which and means through which such Prize can be redeemed will be published on the Promotor’s Campaign Site(s), as well as be communicated to Participants via the relevant Marketing Channel(s) relating to the Competition.
    2. Prizes will be awarded as follows:
      1. Participants will be required to supply their Personal Information/Personal Data in order for the Promoter to transfer their prize voucher to them. Once a Winner is in receipt pf their prize voucher, they will need to proceed to their closest Co-Op where the Winner will be able to claim the Prize defined in the prize voucher.
      2. It is specifically recorded that the Promoter will not be held responsible for Prizes distributed to Winners who have supplied the incorrect Personal Information/Personal Data required for the Prize to be awarded.
  7. 7. The Winners
    1. There will be a prescribed number of Winners selected in total, which prescribed number shall be published on the Promotor(s) Campaign Site(s) and to Participants via the relevant Marketing Channel(s) throughout the Promotion Period.
    2. All Winners will be selected by means of a random draw by the Promoter and will be notified via the relevant Campaign Site(s) or Marketing Channels selected by the Promoter and to which the Competition relates. Winners will be notified telephonically, where the winner will be required to verify their details. The Promoter (or their agent) will endeavor to contact the prize Winner once every day for 3 consecutive Business Days after their name is drawn. If the prize Winner cannot be contacted during this period, the prize will be forfeited, and another Winner will be selected in accordance with the Rules.
    3. In the event that any of the Winners do not successfully redeem their Prizes within 60 days, the Promoter reserves the right to select another Winner in substitution. The names of the Winners will be available on the Promoter’s Facebook page at VoermolFeedsSA alongside the relevant campaign to which the Competition relates.
    4. By participating in the Promotional Competition, the Winners hereby accept that they might be required to take part in further publicity relating to the Promotional Competition. By participating in this Competition, the Winners agree to allow their names and likenesses to be used for promotional purposes aligned with the Promoter’s business, including but not limited to posting photos and the Participant’s Personal Information/Personal Data to the Promoter’s Website(s), Facebook or any other digital or social media interfaces. However, the Winner acknowledges that he/she has the right to object to their personal photos being used by written notification to the Promoter at Shelley.cornish@tongaat.com.
    5. The Winners and Participants hereby acknowledge that by participating in this Competition, the Promoter will be Processing their Personal Information/Personal Data and the Winners and Participants specifically consent to the Promoter Processing any Personal Information/Personal Data which is collected through the Competition for purposes of not only adjudicating the Competition, but also for purpose(s) of marketing the Promoters Goods and services of any Third Parties and/or Customer(s) to the Winners as well as any other marketing campaigns undertaken by the Promoter. In the event that any Winner or Participant wishes to object to the Processing of his or her Personal Information/Personal Data, which right the Winner and Participant is at all times entitled to exercise, the Winner or Participant must please direct such a request to the Promoter’s Information Officer at the following email address Shelley.cornish@tongaat.com.
    6. Where the Participants/Winners consent to take part in any of the Promoter’s publicity campaigns, they acknowledge that they will not be entitled to any remuneration for such participation and all materials arising from such participation will be the sole and exclusive property of the Promoter.
  8. 8. The Rules
    1. The following rules apply to the Promotional Competition:
      1. The Participants must provide correct and up-to-date Personal Information/Personal Data, as required by the Promoter pursuant to each engagement with the Promoter via the relevant Campaign Site(s) or Marketing Channels and allow the Promoter to Process such Personal Information/Personal Data in terms of Applicable Laws.
      2. The Promoter reserves the right to amend these Competition Rules by bringing it to the Participants attention within a reasonable period of time and may terminate the Promotional Competition immediately and without notice at any time, if deemed necessary in its opinion and if circumstances arise outside of their control. In such event, where the Promotional Competition is terminated or suspended, all Participants agree to waive any rights that they may have in terms of the Promotional Competition and acknowledge that they have no recourse against the Promoter, their employees, agents, Third Parties, partners, suppliers, or sponsors.
      3. In the event of a dispute, the decision of the Promoter will be final and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoter shall be entitled to deal with such disputes (or any failure by Participants to follow the Competition Rules) in their sole discretion, including that the Promoter shall be entitled to immediately disqualify Participants from this Promotional Competition.
      4. Unlawful, fraudulent, or otherwise dishonest conduct such as but not limited to any attempt to use multiple email profiles, Meta accounts, or other tactics to enter or vote more than the stated limit, or any conduct in breach of these Competition Rules by a Participant, determined in the Promoter’s sole discretion, may result in disqualification from the Promotional Competition and ineligibility to win any Prizes.
      5. The Promoter shall not be responsible for any lost, damaged, delayed, incorrect, or incomplete entries for any reason whatsoever. Proof of sending an entry will not be accepted as proof of receipt
      6. The Promoter shall not accept liability for any for entries lost, damaged, or delayed as a result of any network, computer, or cell phone hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
      7. The Promoter shall not be responsible for the failure of any technical element relating to this promotion that may result in an entry not being successfully submitted.
  9. 9. Indemnity
    1. By entering into the Promotional Competition, the Participants and Winners expressly agrees to the following indemnifications:
      1. The Participants and Winners indemnifies and holds harmless the Promoter and its Third Parties, promotional partners, their directors, employees, their agents (“the Indemnified Parties”) of any and all liability, whether direct, indirect, consequential or otherwise pertaining to any damage, cost, injuries and losses of whatsoever nature and howsoever arising as a result of their participation in the Promotional Competition and related events and activities, including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy, or any claims in terms of POPIA;
      2. The Participants and Winners accepts that the Indemnified Parties will not be responsible for any costs, damage or otherwise, howsoever incurred by the Winner subsequent to claiming the relevant Prizes.
  10. 10. The Processing of Personal Information/ Personal Data
    1. The Promoter undertakes to process any Personal Information/Personal Data lawfully and in a manner which promotes the constitutional right to privacy, retains accountability and Data Subject participation.
    2. A Third Party elected by the Promoter may from time to time Process Personal Information/Personal Data by making use of automated means (without deploying any human intervention in the decision-making process) to make decisions about the Data Subject or their application. In this instance it is specifically recorded that the Data Subject may object to or query the outcomes of such a decision.
    3. The Participant, by part taking in the Promotional Competition, expressly consents to his/her Personal Information/Personal Data to be Processed for the following purposes:
      1. For the Promoter to onboard the Participant as a Customer(s) as contemplated in terms of these Competition Rules, and specifically in terms of the provisions of section 69(3) of POPIA;
      2. To share the Participant’s Personal Information/Personal Data with the Promoter’s Customer(s), employees, contractors, agents or affiliates for the purpose of undertaking this Promotional Competition;
      3. To provide or manage any information and services requested by the Participant in general and in his/her capacity as a Customer of the Promoter;
      4. To help the Promoter to identify Participant’s when they engage with the Promoter via the various Campaign Site(s) and Marketing Channels;
      5. To allocate unique identifiers to Participant’s for the purpose of securely storing, retaining and recalling their Personal Information/Personal Data from time to time;
      6. To maintain records of Participant’s for research and statistical purposes;
      7. To transfer Personal Information/Personal Data to any Third Party and/or Customer(s) in order to enable the Promoter to market their Goods to Participants;
      8. To transfer Personal Information/Personal Data across the borders of South Africa to other jurisdiction;
      9. To carry out analysis and profiling of the Participant;
      10. To identify other products and Services which might be of interest to the Participant and the Promoter’s Customer(s) and Data Subjects in general, as well as to inform them of any Third-Party Products and Services.
  11. 11. Objections to the the Processing of Personal Information/Personal Data
    1. In the event that any Participant wishes to object to the Processing of his or her Personal Information/Personal Data, which right the Participant is at all times entitled to exercise, the Participant must please direct such a request to the Promoter’s Information Officer at the following email address Kenneth.crampton@tongaat.com.
  12. 12. Prize Qualification Rules
    1. Participation in the Promotional Competition constitutes acceptance of the Competition Rules.
    2. The Winners will be notified through the publication of the Competition Results on or through the Promoter’s Campaign Site(s), Website, Facebook or relevant social media or digital platforms.
    3. A Prize may not be handed over to a Winner when it is prohibited by law for the Winner to use the Prize. When required, the Winner must prove their eligibility to use the Prize. Once the Winner has been notified and the prize has been handed over, the Winner must acknowledge receipt of the Prize.
    4. The Promoter reserves the right to substitute the Prize with any other prize of similar commercial value to the Prize offered herein, at its sole discretion.
    5. The Prize is not exchangeable for cash and is not transferable
    6. This Competition is in no way sponsored, endorsed or administered by, or associated with Meta and the participants acknowledge that they are providing information to the Promoter and its agents only and not to Meta.
    7. All Participants and Winners in this Competition release Meta and any other online platforms from all liabilities and claims arising out of or in connection with this competition and these terms and conditions.
    8. his Competition is in no way sponsored, endorsed or administered by, or associated with Telkom, MTN, Vodacom, Cell C, or any other mobile network and the participants acknowledge that they are providing information to the Promoter and its agents only and not to telephone networks.
    9. All Participants and Winners in this Competition release Telkom, MTN, Vodacom, Cell C, and any other mobile network from all liabilities and claims arising out of or in connection with this competition and these terms and conditions.
    10. For further information surrounding the competition, please visit the Promoter’s Website at https://voermol.co.za/

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