TERMS AND CONDITIONS: CADBURY PS VALENTINES DAY CONSUMER PROMOTION 2021

 

The Terms and Conditions set out below apply to all participants submitting entries for the Cadbury PS Valentines Consumer Promotion 2021 ("Promotion"). Please refer to these Facebook pages for the current Terms and Conditions for this Promotion

https://www.facebook.com/CadburyPS/

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.

 

THE PROMOTION AND PROMOTER:

 

Cadbury PS Valentines Day Promotion 2021 conducted by Mondelez South Africa Proprietary Limited, No. 6 Woodmead Estate, 1 Woodmead Drive, Woodmead, Sandton, 2191, Tel: 011 253 4000 ("the Promoter").

 

THE PROMOTION AND PROMOTER:

Cadbury PS Valentines Day Promotion 2021 conducted by Mondelez South Africa Proprietary Limited, No. 6 Woodmead Estate, 1 Woodmead Drive, Woodmead, Sandton, 2191, Tel: 011 253 4000 ("the Promoter").

  1. PROMOTION PERIOD
    1. The Promotion will run from the 13 January 2021 until 14 February 2021 ("the Promotional Period"). No entries received after midnight on the 14 February 2021 will be accepted.
    2. The Promotion Period may be extended or curtailed at the discretion of the Promoter.
    3. The Promotion is valid while stocks last. The qualifying products are subject to stock availability at the time of purchase and will vary by store.
  2. WHO MAY ENTER
    1. All Participants in the Cadbury PS Valentines Day Promotion 2021 (“Participants”) must, at the time of entering the Promotion:
      1. be a natural person and be at least 18 (eighteen) years of age;
      2. be a citizen and/or legal resident of the Republic of South Africa;
      3. be in possession of a valid South African Identity Document, resident/work permit and/or Driver’s License; and
      4. 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 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 Promotion, either directly or indirectly (including but not limited to their agencies, organisers and participating stores of the Promotion) as well as the members of the immediate family (being spouses, life partners, parents, children, brothers, sisters, fathers and/or mothers) business partner or associate of any of the aforesaid persons.
  3. HOW TO QUALIFY FOR THE PROMOTION:
    1. To qualify for the Promotion, each Participant must purchase any two of the qualifying Cadbury PS products listed below:
      • 673862 CADBURY PS CARAMILK 48G
      • 673859 CADBURY PS MILK CHOCOLATE 48G
      • 4058526 CADBURY PS CARAMILK MINI 19G
      Hereinafter referred to as "participating products".
    2. Please note that no other Promoter products are eligible for this Promotion, other than those participating products mentioned above. The participating products are subject to availability at time of purchase.
    3. To stand a chance of winning any of the prizes listed in clause 5, Participants must purchase any two of the participating products and follow the instructions below:
      1. Dial USSD number *120*101112# from a registered cell phone number that has been RICA'd and registered in the name of the participant.
      2. Follow the text prompts to complete their entry. Hereinafter referred to as an "entry".
    4. USSD entries costs 20c per 20 seconds. Free minutes do not apply. Incomplete entries may be billed by the participant's service provider.
    5. If no unique code is found inside the wrapper of any of the participating products, entrants will be able to get a replacement code as long as the entrant can produce a till slip showing purchase of the participating products.
    6. The Promoter shall not be responsible for telecommunication failure on the part of the participant’s service provider.
    7. Due to network restrictions, the USSD session will time out after 120 seconds. If a participant successfully enters the unique code before the session times out, their entry will be considered valid.
    8. Participants must enter from a mobile number that is RICA'd and registered in their own name and owned by themselves. No other person can use another person’s mobile for purposes of an entry. This is to avoid fraud and possible litigation between the phone owner and the entrant. Any participant that uses a phone other than their own for the purposes of entry may be disqualified and requested to refund the prizes to Promoter, at the sole discretion of the Promoter.
  4. CAN I QUALIFY MORE THAN ONCE FOR THE PROMOTION?
    1. Multiple entries will be permitted, and participants may enter the Promotion as many times as they wish over the Promotion Period, provided that participants comply with the Promotion entry steps set out in clause 3.3 above in respect of each entry.
    2. A person may not win more than one prize within a 6 (six) month period following his/her first win, nor shall (i) any member of such person's family (including, but not limited to, aunts, uncles, cousins, grandparents, in-laws, etc.) or (ii) friends or acquaintances residing at the same address, on the same property (including communes), or within a 2km radius of one another, qualify to win.
    3. Prizes (as described in clause 5) are limited to one prize per household.
    4. Further, a participant shall not be eligible to win the grand prize if they have won a grand prize in a Cadbury promotion within the 6 months immediately preceding the end of the Promotion Period.
    5. The Promoter reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered or suspected.
  5. PRIZES:
    1. The Promotion will afford participants a chance to receive:
      1. 10 000 x R5 random instant airtime prizes (daily) ("Airtime Prize")
      2. 10 x winner and partner for an unforgettable local VIP weekend getaway each to the value of R50 000 ("Trip Prize") (COVID-19 dependant). Each winner can only choose one of the following Weekend Gateway Options: Kapama Lodges, Hoedspruit; Shalati, Kruger National Park; The Marine, Hermanus; Old Mac Daddy, Elgin; Boschendal, Franschhoek; The Manor House at Francourt; 12 Apostles, Cape Town; The Oysterbox, Durban; Radisson Red, Cape Town; Grand Daddy, Cape Town; The Plettenburg and The Turbine, Knysna.
      Hereinafter collectively referred to as "prizes".
    2. Winners will accept the prize as is and at their own risk. .
    3. Promotional images are merely a representation of the prize and the actual prize may vary. The Promoter reserves the right to substitute any of the prizes for a different prize of similar value.
    4. Any risks in relation to the prizes (such as loss, theft or damages) will pass to the winner once the prize has been collected/accepted and/or signed for by the winner. The Promoter will not be responsible for any lost, stolen or damaged prize] and no replacements will be made.
    5. Prizes are not transferrable or exchangeable and may be forfeited or be the subject of a separate draw or be allocated to another winner at the Promoters' discretion. Winners are allowed however to pass their prize onto a friend/family member if they wish not to take it themselves.
    6. All prize finalists will be subject to a verification process. Winners will be confirmed only once the verification process has been completed.
    7. All prize finalists will need to supply a copy of their South African identity Document, Driver’s license and/or permanent residency permit, proof of residential address, completed finalist form and any other relevant documents to complete the verification process.
  6. AWARDING OF PRIZES
    1. All prize winners will be determined by random automatic selection at the end of the Promotion Period. Provided that the grand prize draw will take place by no later than the 15 February 2021.
    2. Should unforeseen circumstances prevent the draw from taking place on the set draw date, the draw will be moved to the next available date at the sole discretion of the Promoter.
    3. It is the Participants' responsibility to provide the correct contact number when entering the Promotion. If the contact number provided by the Participant is incorrect, the winner will forfeit the prize and it will be transferred to the next randomly selected entry.
    4. All grand prize finalists will first be notified via telephone. In the event that a finalist is not contactable for 3 (three) consecutive days (3 contact attempts) then such finalist will forfeit their prize and another finalist will be randomly selected and the same process as described herein will be followed.
    5. The Promoter reserves the right to carry out reasonable due diligence to confirm eligibility and may refuse to award the prize to a participant if there is suspicion of any irregularities or fraudulent activities.
    6. 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 into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Promotion as determined by Promoter in its sole discretion.
    7. The Promoter reserves the right to withdraw the prize and/or disqualify any participant/winner that may bring the Promoter brands into disrepute.
    8. Any dispute with number ownership (such as more than one individual claiming to be the owner of the same mobile/ contact number – verbally or otherwise) will result in immediate disqualification of both the number and the individuals and no negotiations will be entered into.
  7. AIRTIME PRIZES
    1. Participants will be notified within the entry session if they have won an Airtime Prize and via a follow up SMS message. Airtime Prizes will only be loaded onto prepaid account holders.
    2. In most circumstances the Airtime Prizes will load instantly, but in the case of unavoidable network delivery delays it may take up to 5 (five) business days for the Airtime Prize to reflect.
  8. TRIP PRIZE
    1. The Trip Prize Winners and their travel partners must be available to travel locally for the prize between 1 March 2021 and 30 April 2021 (“Travel Dates”). Should the Winner be unavailable to take up the Trip Prize on the Travel Dates as provided and determined by Promoters, the Winner and their travel partner will be deemed to have forfeited the Trip Prize. In such event the Trip Prize will revert back to the Promoter.
    2. Should the Winner of a Trip Prize wish to make any changes in any way whatsoever to the Trip Prize, other than what will be arranged by the Promoter, including Travel Dates and the number of Travel Partners, such costs, charges, expenses or any such adaptions or variations to the Trip Prize, will be subject to the Promotor's prior written consent and for the Trip Prize Winners' own account.
    3. Participants stand a chance of winning one of ten Trip Prizes, for the Winner and a Travel Partner, for an unforgettable local VIP weekend getaway for the winner and a travel partner.
    4. The Promoter will conduct a random draw, at the end of the Promotion, from all the entries received for the duration of the Promotion Period.
    5. The Promoter will call the fialist and conduct a Promotion verification process (“Verification Process”).
    6. The Verification Process will consist of the following:
      1. contacting the finalist and confirming that the finalist and their Travel Partner hold a valid South African Identity document.
      2. the Winner will be required to fill in a Winner form and indemnity, which needs to be returned to the Promoter within 24 (twenty-four) hours.
      3. if the Promoter is unable to reach any Trip Prize Winner after 3 (three) days from the date of being declared a Winner, or if a Trip Prize Winner fails the Verification Process for whatsoever reason after their entry is drawn, such person will be disqualified and a draw for a replacement Entry and Winner will take place.
    7. None of the Promotion prizes are transferable or redeemable for cash and the Promoter is not liable for any defect, changes and/or modifications in the Trip Prize.
    8. The Promoter reserve the right to substitute the Trip Prize with any other prize of comparable commercial value.
  9. TRAVELLING LOCALLY FOR GRAND PRIZE
    1. Participants, whose entries have been drawn and have been confirmed as valid after the Verification Process, will be notified telephonically within 24 (twenty-four) hours from receipt of valid documentation set out above and after being declared a Winner. The validity of such documentation is at the Promoter’s discretion.
    2. The Winner and their Travel Partner will be required to sign the Promoter’s indemnity forms. Should the Winner and/or Travel Partner refuse or fail to do so for any reason whatsoever, the Winner will be deemed to have forfeited the Trip Prize. In such event the Trip Prize will revert back to the Promoter
    3. Travel, hotel reservations and events/excursions are subject to availability and may not be available on certain dates. Travel Dates may be varied and any or all amendments to Travel Dates will be at the Promoter’s discretion.
    4. The Trip Prize includes travel costs to and from the chosen destination, including flight costs where applicable, hotel or bed and breakfast accommodation, hotel or bed and breakfast meals offered, and selected excursions, as determined by the Promoter.
    5. No correspondence will be entered into as regards to the Promoter’s choice of airline, ticket class, hotel or bed and breakfast accommodation, all of which inclining the length of stay is at the Promoter’s discretion
    6. The Promoter will not be responsible for any other expenses which the Winner and their Travel Partners may incur as a result of their acceptance and/or use of the Trip Prize whether foreseen or not.
    7. Ancillary costs, including but not limited to, additional transport, additional meals outside of those paid by the Promoter, personal and incidental expenses, government taxes, management fees or other fees applicable are not the responsibility of the Promoter.
    8. The Promoter shall not be responsible for any changes, substitution, withdrawal, cancellation or postponement of any part of the itinerary beyond its reasonable control. The Promoter is not obliged to award any other prizes in lieu if any such event or aspect of the trip is cancelled, postponed, substituted, withdrawn, changed or unavailable.
    9. The Trip Prize Winners and their Travel Partners are obliged to behave responsibly at all times and comply with these Terms and Conditions and all reasonable requests of the Promoter and its agents. In the event that the Trip Prize Winner and/or Travel Partner acts in any manner that brings the Promoter, its affiliates and/or associated companies’ name into disrepute at any time (including but not limited to display or publicize any political slogans, child pornography, or use homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and/or partners competitors of any of Premiers League’s partners and overt Brand sponsorship or anything else deemed to be ambush marketing, content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights), the Promoter or its agent shall, at its sole discretion and without any form of compensation to the Winner and their Travel Partners, and without limitation to any other claim the Promoter may have under law; arrange for the Winner and their Travel Partner’s’ return to the Provinces of Residence in South Africa.
    10. The Trip Prize Winners and their Travel Partners are obliged to comply with the Terms and Conditions. In the event that the Trip Prize Winner and/or Travel Partner acts in any manner that brings the Promoter, its affiliates and/or associated companies’ name into disrepute at any time (including but not limited to display or publicize any political slogans, child pornography, or use homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and/or partners competitors of any of Premiers League’s partners and overt Brand sponsorship or anything else deemed to be ambush marketing, content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights), the Promoter or its agent shall, at its sole discretion and without any form of compensation to the Winner and their Travel Partners, and without limitation to any other claim the Promoter may have under law; arrange for the Winner and their Travel Partner’s’ return to the Provinces of Residence in South Africa.
  10. INDEMNITY
    1. To the extent permitted by the Consumer Protection Act and any other applicable law:
      1. The participant and/or winner(s) hereby indemnifies the Promoter, its associated companies (directors, officers and/or employees) and/or 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 participants entrance to the Promotion.
      2. 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, 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.
      1. The Promoter reserves the right to request the Participant to present the wrappers with the unique codes in the instance where there is a dispute related to entries and rewards. Should the wrappers not be presented, the Participant may be found to not be the rightful purchaser of the unique code in question and the entry or reward may be disqualified.
      2. Neither the Promoter nor its agents or distributors will have any liability in relation to this Promotion
      3. By participating in this Promotion, participants agree to allow marketing material to be sent to them from the Promoter during and after the Promotion Period. However, participants will have the option to decline/Opt Out with every SMS received.
      4. 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 into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Promotion as determined by Promoter in its sole discretion.
  11. 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 authorise 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 entering this Promotion, the participant consents that the Promoter may use names and images taken of the winners/participants for publicity purposes, without any further remuneration being payable to the winner. All promotional material will become the sole property of the Promoter. However, the participant/winner has the right to decline participating in any promotional activity or to object to these images being used 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 draw date
  12. 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 reasonable 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, winner(s) and/or third party arising from such cancellation, suspension or termination. Therefore, the participant waives his/her right which they 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 Promoters decision is final, and no correspondence will be entered into. This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook.
    5. In part or all of any clause of these Terms and Conditions is illegal, invalid or enforceable:
      1. 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. 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.
    6. Any dispute with number ownership (such as more than one individual claiming to be the owner of the same mobile/ contact number – verbally or otherwise) will result in immediate disqualification of both the number and the individuals and no negotiations will be entered into.
    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.