Terms and Conditions for the McCain & Philips “Winter Warmers” Social Media Competition
The name of the Campaign is “Winter Warmers” social campaign.
The Competition commences on 23 July 2021 and ends on 19 August 2021 at 11:59
1.1. Any person participating in this competition (“Competition”) does so on acceptance of these terms and conditions (“Terms and Conditions”).
1.2. McCain Foods SA (Pty) LTD (“McCain”), Philips South Africa Commercial (Pty) LTD (“Philips”) and their subsidiaries are collectively referred to as the “Promoters” in respect of the Competition for purposes of these Terms and Conditions.
1.3. The Competition will run from 23 July 2021 and ends 19 August 2021 at 11:59, after which date the Competition will automatically lapse and no further Rewards will be awarded.
1.4. This Competition is open to all South African residents of the age 18 years or older, except the employees and their immediate families of the Promoters, the Promoters’ advertising and Promoter agencies, associated companies, and outlet owners and staff.
1.5. It is the Participant’s responsibility to provide a contact details (cell number, delivery address, email address). Participants must enter from a Facebook account, Instagram account or Twitter account that is registered in their own name and no other person can use another person’s social media account for competition entry purposes. This is to avoid fraud and possible litigation between the social media account owner and the Participant.
1.6. You may only enter the Competition as an individual; any entries that, in the Promoter’s absolute discretion, have been made via participation in a syndicate will be disqualified.
2.1. One prize constitutes x2 Philips HD9280 Essential XL Connected 1.2kg/ 6.3L Airfryers.
2.2. Participants stand a chance to win x1 prize per week with 1 winner chosen per week
- Competition & Entry Mechanic
3.1. In order to qualify as an official entry, Participants must enter on the weekly McCain and/or Philips weekly Facebook, Instagram or Twitter social media posts in the comments section. Participants must tag both McCain and Philips official social pages as well as another valid social media handle (referred to in post as “a foodie friend”) that they will win the prize in conjunction with.
3.2 Winners of the weekly reward (Philips HD9280 Essential XL Connected 1.2kg/ 6.3L Airfryer) will be drawn weekly and will be contacted within 5 working days of the draws taking place.
3.3 A Winner shall only be eligible for one prize notwithstanding how many times they have entered.
3.4 Entries which are unclear, illegible or contain errors will be declared invalid.
4.1. Rewards cannot be exchanged for an alternative Reward, and no negotiations will be entered into.
4.2. The Promoters reserve the right to replace the offer with one of equal or greater value.
4.3. The Winners may be required to sign a waiver of liability and indemnity before claiming their prizes.
4.4. All Winners will be required to provide their names, ID numbers and contact details and to sign an acknowledgement of receipt of the Prize.
4.5. All Winners must provide valid proof of identity (a green bar-coded ID book, passport or drivers licence).
4.6. Winners only have 7 working days (from the time they are contacted) to provide valid contact details in order to claim prize. In the event that their details are not provided within this time frame, a new winner will be drawn.
4.7. The Participants consent, by taking part in the Competition to the Promoter using the personal information collected through the competition to adjudicate the competition.
4.8. Potential winners shall be initially notified by McCain (or a McCain partner) or Philips (or a Philips partner) via direct message on the Facebook, Instagram or Twitter platform. Thereafter Participants will be contacted using the contact details provided and they must therefore ensure that the Promoters have their correct, updated details. If the winner cannot be contacted after sending three emails and/or three phone calls on three consecutive business days, the prize will be forfeited and a redraw will take place. Should this occur the winner shall have no claim against the Promoters.
4.9. McCain and Philips accepts no responsibility or liability for the Philips HD9280 Essential XL Connected 1.2kg/ 6.3L Airfryer not working and the winners will have no recourse against McCain or Philips.
- General terms
Without detracting in any way from the Competition Rules, the following general provisions shall be applicable to these Rules.
5.1. The Promoters of this Competition will interpret the Rules in their sole discretion and reserve the right to amend the Rules at any time in accordance with the provisions contained in these Rules.
5.2. Consumers’ details may be displayed on the website at www.mccain.co.za and or www.philips.co.za
5.3. The Promoters, their directors, members, partners, employees, agents, consultants, and any other person who directly or indirectly controls or is controlled by them or any supplier of goods and services in connection with this Competition and their spouses, life partners, parents, children, siblings, business partners or associates are not eligible to participate in or enter this Competition.
5.4. In the event of a dispute, the decision of the Promoters will be final and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoters shall be entitled to deal with such disputes (or any failure by entrants to follow the rules) in their sole discretion, including that the Promoters shall be entitled, in addition to any other rights which the Promoters may have in terms of these Rules, to immediately disqualify entrants from this Competition.
5.5. By entering the Competition and/or accepting any Reward, the consumers, users and/or winners hereby indemnify, release and hold harmless the Promoters (including their subsidiaries, holding companies and affiliates), their directors, employees, agents, suppliers and contractors (the “Promoters parties”):
From and against any actions, claims and/or liability for injury, loss, damage, expense, claim or damages of any kind resulting in whole or in part, directly or indirectly, from participation in the Competition, and/or the use, acceptance or possession of a Reward, and/or participation (or non-participation) in a Reward-related activity.
5.6. Consumers who, in the Promoters’ sole determination, act unlawfully, fraudulently, in breach of these Rules or otherwise dishonestly may be disqualified from participating in the Competition and shall not be eligible to receive any Reward.
5.7. Additional to any other rights contained in the Competition rules, the Promoters reserve the right to terminate the Competition at any time with immediate effect. If this is the case, the Promoters will provide a notice on the website and it shall be the responsibility of entrants to review such website in this respect. In such event, all consumers hereby waive any rights which they may have against the Promoters and acknowledge that they will have no recourse or claim of any nature against the Promoters
5.8. The Promoters are not liable for any technical failure that may result in an entry not being successfully submitted. Any Reward is accepted by a recipient at his/her own risk and the Promoters are not liable, at any time, for any defect in the Reward.
5.9. The duration of this Competition may also be extended or curtailed at the sole discretion of the Promoters. If this is the case, the Promoters will provide notice of this on the website.
5.10. The Promoter will not be held liable for any damage, harm or consequential loss as a result of use of the Reward.
5.11. If the consumer/s fail/s to comply with any of these rules or the terms of acceptance of the Reward/s, or if the consumer/s unreasonably refuse/s to sign the entrant/s declaration and supply acceptance form, the consumer/s will be disqualified and will forfeit the Reward.
5.12. The right of admission into the Competition rests solely with the Promoters.
- Exclusions and other important terms
6.1. Nothing in these Terms and Conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the participant or the Promoter in terms of the Consumer Protection Act, 68 of 2008 (“CPA”).
6.2. By entering the Competition in accordance with its terms, Participants acknowledge that the Competition will be managed in accordance with the provisions of the CPA. Qualifying Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to, providing such personal information as may be required in order to facilitate handing over the reward.
6.3. Any personal data relating to a Winner or any other entrants will be used solely in accordance with current Act (Protection of Personal Information Act, No 4 of 2013) and POPI and will not be disclosed to a third party without the entrant’s prior consent.
6.4. These Terms and Conditions shall be governed by the laws of the Republic of South Africa. . In the event of a dispute in connection to this Competition terms and conditions, the parties submit to the non-exclusive jurisdiction of the courts in South Africa.
6.5. This contest is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram or Twitter. You understand that you are providing your information to the Promoters and not to Facebook, Instagram or Twitter. The information you provide will be used for email communications for future Competitions should you opt in for future contact.