TERMS AND CONDITIONS: P.S. VALENTINE’S DAY: SING A LOVE NOTE AND #FINDLOVEINYOURLANGUAGE

The Terms and Conditions set out below apply to all participants in the P.S. Valentine’s Day promotion (“the Promotion”).

Please read these Terms and Conditions carefully. Participation in this Promotion will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate.

 

  1. THE PROMOTER:

    The P.S Valentine’s Day Promotion conducted by Mondelez South Africa (Pty) Limited, No. 6 Woodmead Estate, 1 Woodmead Drive, Woodmead, Sandton, 2191, South Africa, Tel: 011 253 4000 ("the Promoter").

  2. PROMOTION PERIOD
    1. The Promotion will take place for the duration stipulated below:
      1. Participants may enter the competition on the Cadbury P.S Bar Facebook page from the 15th of January 2020 to the 12th of February 2020 (“the Promotional Period”).
    2. The duration of the Promotion may be extended or curtailed at the discretion of the Promoter.
  3. WHO MAY ENTER
    1. All participants must, at the time of entering the Promotion:
      1. a) a natural person and beat least 18 (eighteen) years of age at the date of entry of the Promotion (or be represented by a parent or guardian who is at least 18 (eighteen) years of age);
      2. b) a citizen and/or legal resident of the Republic of South Africa;
      3. c) be in possession of a valid South African Identity Document, resident/work permit and/or Driver’s License; and
      4. d) be residing or be present in South Africa for the duration of the Promotional Period and for the period during which the prize draws and the delivery or collection of the prize/s takes place.
    2. Participation in the Activation/Promotion excludes directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoter or any third parties involved in the execution of the Activation, either directly or indirectly, as well as the members of the immediate family (being spouses, life partners, parents, children, brothers, sisters, fathers and/or mothers) and/or business partners or associates of any of the aforesaid persons.
  4. HOW TO PARTICIPATE IN THE PROMOTION:
    1. To participate in the Promotion, participants should use their Facebook camera or Instagram camera , and record themselves singing using the preloaded filter and corresponding song. The participant needs to upload this to their stories or social feed, where judges will decide who prize winners will be.
    2. The participant agrees that:
      1. The uploaded story can be saved, stored, and distributed for judging purposes.
      2. The uploaded story may be published on Cadbury P.S. Bar Facebook page as user generated content.
      3. The uploaded story may be used in future case study videos by the Promotor or the Agency.
      4. The judge’s decisions are final.
    3. Any lewd, inappropriate or slanderous actions or words present in the participant’s entry will lead to automatic disqualification from the competition.
    4. Participation in the Promotion is entirely at the participants’ own risk and the Promoter, its agencies and their employees are not responsible for any loss, damage or injury that occurs as a result of participation in the Promotion.
  5. CAN I PARTICIPATE MORE THAN ONCE IN THE CAMPAIGN?
    1. Multiple entries will be permitted, subject to each entry being posted separately, and identifiably different from the previous entry and in accordance with entry requirements.
    2. The Promoter reserves the right to withhold prizes from any such participant and to reclaim any such prize if it is subsequently discovered that a participant received prizes in breach of this rule.
  6. PRIZES:
    1. The Promotion will afford winning participants a chance to receive EITHER:
      1.   1 x Personalised Serenade to be performed for the person of his/her choice, with 3 opportunities to win.
      2.   1 x Grand Prize of a P.S. media takeover, with 1 opportunity to win.
    2. The Personal Serenade prize is advertised as being performed by the band ‘Simple Stories.’ The Promoter reserves the right to replace the artist/s without notifying prize winners.
    3. The P.S. media takeover prize will be subject to the discretion of the Promoter and will occur on available and appropriate media. The Promotor reserves the right to decide on and change the medium as best suits the Promotion and Promoter requirements.
    4. No obscene or inappropriate messages will be accepted for publication on the P.S. media platforms in relation to the Grand Prize.
    5. Prizes are not transferrable or exchangeable and shall not be redeemed for cash or sold. If a prize is not redeemed for any reason, such prize shall be forfeited or be the subject of a separate allocation at the Promoter's discretion to another recipient.
    6. Participants are not able to choose their prizes and will accept the prize as is. The Promoter reserves the right to substitute any of the prizes for a different prize of similar value. The participant will be responsible for any costs resulting from accepting this prize, including any travel costs incurred.
  7. AWARDING OF PRIZE:
    1. The Weekly Prize winners will be awarded their Personalised Serenades in the week after they have been announced as winners. The weekly prizes will be issued between the 3rd February till 13th February 2020. While attempts will be made to accommodate the prize winner’s schedule, failure to reach an agreement of prize delivery may lead to the prize being forfeited by the winner.
    2. The Grand Prize winner will have his/her love message displayed on relevant Cadbury P.S. media platforms and an outdoor digital billboard on Valentine’s Day, 14th of February 2020.
    3. The Promoter reserves the right to record the Personalised Serenades, as well as the reactions of all participants involved. The promoter reserves the right to publish such material on Cadbury P.S. media platforms.
    4. The Promoter reserves the right to record the Grand Prize P.S. media takeover as well as the reactions of all participants involved. The promoter reserves the right to publish such material on Cadbury P.S. media platforms.
    5. The Promoter reserves the right to carry out reasonable due diligence to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring the Promoter or any of the Promoter’s brands or partner brands into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Promotion as determined by Promoter in its sole discretion. The Promoter reserves the right to withdraw the prize and/or disqualify any participant that may bring the Promoter brands into disrepute.
    6. The Promoter may refuse to award the prize to a participant if there is suspicion of any irregularities or fraudulent activities.
  8. INDEMNITY
    1. To the extent permitted by the Consumer Protection Act and any other applicable law:
      1. a) The participant hereby indemnifies the Promoter, its associated companies, directors, officers, employees, partner companies and agents against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participant’s entrance to the Promotion.
      2. b) The Promoter excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).
    2. The Promoter reserves the right, at any time, to verify the validity of participants (including but not limited to a participant’s identity, age and place of residence) and to reject any participant who has not complied with these Terms and Conditions.
    3. Errors and omission may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
    4. Neither Promoter nor its agents or distributors will have any liability in relation to this promotion.
  9. CONFIDENTIALITY
    1. Participants of this Promotion are voluntarily providing their personal information to the Promoter, its associated agencies and the third-party service providers running the promotion in conjunction with the Promoter.
    2. By entering this Promotion, participants authorize the Promoter to collect, store and use (not share) personal information of participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should the participant wish to be removed from all communication.
    3. By participating in this Promotion, the participant consents that the Promoter may use names, images and videos taken of the participants for publicity purposes, without any further remuneration being payable to the participant. All promotional material will become the sole property of the Promoter. However, the participant has the right to decline participating in any promotional activity or to object to these images being used in marketing material by written notification to the Promoter at No. 6 Woodmead Estate, 1 Woodmead Drive, Woodmead, Sandton, 2191, Attention: Legal Department. The written notification is to reach the Promoter by no later than the last stipulated activation date of the relevant station.
  10. GENERAL
    1. The Promoter reserves the right to amend, modify, change, postpone, suspend or cancel this Promotion and any prizes, or any aspect thereof, without notice at any time, for any reason that the Promoter reasonably deems necessary.
    2. The onus rests on the participants to check the website for updates to the Terms and Conditions.
    3. No liability shall lie on the Promoter in favour of any participant or third party arising from such cancellation, suspension or termination. Therefore, the participant waives his/her right, which he/she may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.
    4. The Promoter’s decision is final, and no correspondence will be entered into.
    5. This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Twitter or any other social media platform used to promote the campaign.
    6. If any part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
      1. a) It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible;
      2. b) It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
    7. All Terms and Conditions are subject to the laws of Republic of South Africa and should a doubt or dispute occur, it will be taken before the courts of Republic of South Africa.
    8. This Promotion is not applicable in conjunction with any other offers/promotions offered by the Promoter.