WIN A PERSONAL SHOPPING EXPERIENCE WITH ‘HOW DO I LOOK' AND EASTGATE SHOPPING CENTRE
Terms and Conditions
Last updated: 23 February 2018
"Competition": Win a Personal Shopping Experience with ‘How Do I Look' and Eastgate Shopping Centre.
"Competition Mechanic(s)": Entrants will be able to enter the Competition by the following mechanics:
- Text Message Entry and/or
- Facebook Entry.
"Text Message Entry": For entry via text message, entrants must send an SMS text message (Short Message Service) from their personal mobile phone to 33252. Entrants will be charged their standard network rate. Text message entries must include the following details:
- a brief sentence explaining why the entrant should win; and
- the entrant's name.
"Facebook Entry": For entry via Facebook, Entrants will need to visit https://www.facebook.com/eentertainmentaf/ ("Promoter's Facebook Page") and send a direct message to the Promoter with a brief sentence explaining why the entrant should win.
"Minimum Age": 18.
"Territory": South Africa.
"Prize": One (1) Winner will receive the following prize (provided by Eastgate Shopping Centre (owned and operated by Excellerate Brand Management Pty Ltd) :
- A shopping experience with a personal shopper at Eastgate Shopping Centre located at 43 Bradford Road, Bedfordview, 2008 South Africa ("Mall") – Standard return ground transportation from the Winner's closest capital city to the Mall will be provided by Promoter. Please note the following:
- Shopping experience must be booked within three (3) months of the Response Deadline - the Winner may suggest a preference but the final date will be decided at Promoter's sole discretion and will be based on personal shopper's availability.
- Gift-card for redemption the Mall with a value of 10,000 Rand – please note the following:
- Gift-card will be valid for three (3) years from the date printed on the gift-card.
- Due to the gift-card value and the Mall's gift-card policy, multiple cards may be presented to the winner to make up the total gift-card value.
- For the avoidance of doubt, Winner will be unable to transfer or swap their gift-card(s).
- See Mall's website for gift-card terms and conditions http://www.eastgateshops.com/gift-card.htm
"Starting Time": 20:00:00 (Central African Time) on 10 March 2018.
"Closing Time": 23:59:59 (Central African Time) on 30 April 2018.
"Selection Period": From Closing Time until 23:59:59 (Central African Time) on 15 May 2018 (inclusive).
"Notification Period": From Closing Time until 23:59:59 (Central African Time) on 31 May 2018 (inclusive).
"Response Deadline": 23:59:59 (Central African Time) 10 June on 2018.
"Delivery Timescale": The gift-card element of the Prize will be sent to the Winner by 21 June 2018.
"Entry Limit": There will be one (1) entry permitted per Entry Mechanic for a total of two (2) Competition entries.
By entering the Competition by the Entry Mechanics, you acknowledge and agree that you accept and will be bound by the following terms and conditions ("T&Cs") relating to the Competition.
- PROMOTER: The promoter of the Competition is NBCUniversal International Networks Limited ("Promoter"), a company registered in England and Wales with Company Number 05325358 and whose registered UK address is at 1 Central St Giles, St Giles High Street, London, WC2H 8NU ("Registered Office"). If you have any questions or concerns in relation to the Competition, you can write to the Promoter at the Registered Office or email the Promoter at email@example.com or marking your letter or email for the attention of The E! Africa Marketing Team and giving the name of the Competition and details of the question or concern.
- ELIGIBILITY: (a) AGE Entrants must be the Minimum Age or over. (b) RESIDENCE Entrants must be legally resident in the Territory. (c) EMPLOYEES The following entities or persons are not eligible to enter the Competition: (i) any employee or agent of the Promoter and their immediate families and household members; (ii) any employee of any entity within the same corporate group as the Promoter; (iii) any person who is, and any employee of any entity which is, involved in any way with the organisation, management, promotion and/or administration of the Competition, including without limitation any persons or entities providing the Prize. (d) INELIGIBLE ENTRIES The Promoter reserves the right in its sole discretion at any time to (i) ask any entrant for proof that they satisfy any and all applicable eligibility requirements and to (ii) disqualify an entrant from the Competition in accordance with paragraph 8 below if, in the reasonable opinion of the Promoter, that entrant has not proved to the Promoter that they satisfy any and all eligibility requirements for the Competition.
- DATES: The Competition starts at the Starting Time and closes at the Closing Time. Any entries received before the Competition opens and/or after the Closing Time (whether due to human error on the part of the entrant, technical issues, network congestion and/or for any other reason) will be invalid and will not be entered into the Competition. For Text Message Entry, proof of sending an entry does not constitute proof of receipt of that entry, and the telecommunications network administering the Competition for Text Message Entries on behalf of the Promoter will be the official timekeeper for all matters relating to the Competition. For Facebook Entry, only eligible entries that appear on the Promoter's Facebook Page timeline between the Starting Time and the Closing Time will be entered into the Competition and the computer of the individual administering the Competition on behalf of the Promoter will be the official timekeeper for all matters relating to the Competition.
- ENTRY: (a) FACEBOOK for Facebook Entry, entrants must follow the Competition instructions set out on the Promoter's Facebook Page or which can be accessed via a hyperlink contained in, a post or series of posts made by the Promoter on the Promoter's Facebook Page to enter via Facebook. By using Facebook to enter the Competition, entrants agree that they are also bound by Facebook's terms and conditions. You can only enter by Facebook Entry if you have a valid Facebook account, the privacy settings of which must not prevent the Promoter from contacting you by inbox message if you are selected as a Winner. (b) MOBILE PHONE for Text Message Entry, entrants must use a mobile phone owned and registered to that entrant. No other person can use another person's mobile phone for Competition entry purposes. The entrant's mobile phone number is key to their Text Message Entry; if an entrant is the Winner and is selected from a Text Message Entry, they cannot use another number for the purposes of being contacted by the Promoter for claiming their Prize, unless the Promoter advises otherwise. The entrant's mobile phone number must be contactable during reasonable office hours. (c) GENERAL Once an entry is submitted, it cannot be amended in any way. The Promoter will not accept entries which (i) do not comply with any and all Competition instructions and/or these T&Cs and/or (ii) entries which, in the reasonable opinion of the Promoter, are illegible, unviewable, indecipherable, inaudible, incomplete, incomprehensible, damaged and/or otherwise defective (whether due to human error on the part of the entrant, technical issues, telecommunications congestion and/or for any other reason). (d) MULTIPLE, AUTOMATED AND MACHINE ASSISTED ENTRIES The number of times an entrant may enter the Competition is restricted to the Entry Limit and entrants may not submit more entries than the number specified as the Entry Limit. Any entries made by an entrant in excess of the Entry Limit will be invalid and will not be entered into the Competition. Entrants are not permitted to enter as part of a syndicate or on behalf of any other person or entity. The authorised holder of the mobile phone used to enter the Competition will be deemed to be the Competition entrant. The Promoter reserves the right to disqualify, in accordance with paragraph 8 below, any entries which, in the Promoter's reasonable opinion, appear to be multiple (in violation of the Entry Limit), bulk, automated, machine assisted, third party, syndicate and/or other group entries. (e) LOST ENTRIES The Promoter has no liability for any entry that is not received by the Promoter (whether due to human error on the part of the entrant, technical issues, telecommunications congestion and/or for any other reason). Proof of sending an entry does not constitute proof of receipt of that entry. (f) PHONE NETWORK The Promoter shall not be responsible for telecommunications failure on the part of an entrant's mobile phone service network and/or mobile phone data plan and has no liability for any technical issues whatsoever encountered by entrants to the Competition who enter via Text Message Entry. (g) SOCIAL MEDIA ACCESS The Promoter does not guarantee continuous, uninterrupted or secure access to the internet, Facebook or the Promoter's Facebook Page and has no liability for any technical issues whatsoever encountered by entrants to the Competition via Facebook Entry.
- SELECTION OF WINNER: Within the Selection Period, the Promoter will randomly select one Competition winner ("Winner") from the pool of entrants who are eligible to be entered into the random prize draw. The pool of entrants will be made up of all entrants who satisfy the eligibility requirements and the other rules, requirements and instructions set out in these T&Cs and the Competition Instructions and have not otherwise been disqualified from the Competition pursuant to these T&Cs. The random selection of the Winner will be made by (i) a computer process that produces verifiably random results, (ii) by an independent person, (iii) under the supervision of an independent person and/or (iv) in accordance with any other requirements of the laws and regulations applicable to the Competition in the Territory. Provided that the Promoter complies with these T&Cs and (where applicable) ensures that any independent selection process complies with these T&Cs, the selection of the Winner is final and binding and no correspondence relating to selection of the Winner will be entered into by the Promoter.
- PRIZE: (a) GENERAL The Winner will win the Prize. The Prize is strictly non-transferable, non-exchangeable and may not be re-sold. No cash or any other alternative is available for the Prize. If the Prize becomes unavailable for any reason, the Promoter reserves the right to substitute it with a prize that the Promoter reasonably deems to be of at least the same value. The Prize does not include and/or cover any costs, taxes, fees, expenses and/or arrangements not expressly specified in the Prize description ("Ancillary Costs"). The Winner is solely responsible for any and all Ancillary Costs and the Promoter is not liable to reimburse a Winner for any Ancillary Costs they incur. The Promoter makes no representation or warranty in relation to the Prize and, to the fullest extent permissible by law, the Promoter will have no liability to the Winner in relation to the Prize, its fitness for purpose, merchantability or otherwise. The Promoter will have no liability in respect of the Prize if it is lost or stolen following delivery. (b) CHEQUES, VOUCHERS AND GIFTCARDS If the Prize is, or includes, a cheque, voucher, store credit and/or giftcard, these will be issued in the name of the Winner only and cannot be issued to any third party. The Promoter will have no liability in respect of such a Prize if a third party refuses to accept a cheque, voucher, storecredit and/or giftcard because it has been tampered with, defaced, duplicated, damaged in any way and/or because it is no longer valid. The terms and conditions of any third party that issued and/or administers the cheque, voucher, store credit and/or giftcard will apply and the Promoter will have no liability in respect of such a Prize if a third party's terms and conditions result in the winner being unable to use any element of the Prize or restrict Winner's use of the Prize in any way.
- PRIZE CONFIRMATION AND ACCEPTANCE: (a) CONFIRMATION Within the Notification Period, the Promoter will notify the Winner that they have won the Prize by contacting them by a phone call and/or text message to the mobile phone used by the Winner when they entered the Competition if they entered by Mobile Phone Entry, or by direct message if they entered by Facebook Entry ("Prize Notification") (b) ACCEPTANCE The Promoter must receive a response ("Response") from the Winner to the Prize Notification by no later than the Response Deadline. The Response must be sent to the Promoter in accordance with the instructions contained in the Prize Notification and must include any information requested by the Promoter in the Prize Notification (including without limitation any information requested by the Promoter to prove that the Winner satisfies the Competition eligibility requirements) and the Prize will not be released to the Winner unless and until all such information has been received by the Promoter. If, prior to the Response Deadline, (i) the Promoter does not receive a Response, (ii) the Response received by the Promoter does not include all information requested by the Promoter in the Prize Notification and/or (iii) the Promoter is unable to contact the Winner on their mobile phone or by Facebook, as applicable depending on the Entry Mechanic used by the Winner, the Promoter reserves the right to deem the Prize forfeited and may, in its sole discretion, select another winner. Proof of sending a Response does not constitute proof of receipt of the Response. Subject to Promoter receiving a Response and all information requested by the Promoter prior to the Response Deadline, the Prize will be delivered to the Winner in accordance with the Delivery Timescale.
- DISQUALIFICATION: The Promoter is entitled in its sole discretion at any time to disqualify any entrant and/or any individual entry from the Competition without any liability on the Promoter's part if (i) that entrant and/or entry fails to comply with these T&Cs and/or the Competition requirements in any way and/or (ii) the Promoter has reasonable grounds to believe that that entrant has acted fraudulently, dishonestly, inappropriately and/or improperly in connection with the Competition, which includes entrants who have entered the Competition via the Text Message Entry mechanic using a mobile phone that is not registered to them. Without limitation, if the Promoter has reasonable grounds to believe that any entry has been generated by a script, software, macro or other automated means then the Promoter will be entitled to disqualify that entry and the relevant entrant in accordance with this paragraph. If a disqualified entrant is the Winner, the Promoter has the right to deem the Prize forfeited and, if the Prize has already been delivered to the Winner, the Promoter shall be entitled to recover the Prize from the Winner at the Winner's cost.
- COPYRIGHT AND PROMOTIONAL RIGHTS: All entrants retain the copyright in their entries. By entering the Competition, each entrant (i) confirms that they are the owner of the entry submitted by them and that their entry is original to them; (ii) grants to the Promoter, without the requirement for any further permission or payment, a perpetual, non-exclusive, irrevocable and royalty-free worldwide licence to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit their entry in any and all media; and (iii) warrants that they have the sole and exclusive right to grant such rights to the Promoter and that the Promoter's' reproduction, publishing, displaying, and/or other use of their entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, other intellectual property rights and/or privacy rights and/or create claims for defamation and/or breach of contract. The Promoter has no obligation to copy, publish, display or otherwise exploit any entry.
- PUBLICITY: The Winner may be required by the Promoter to participate in publicity in connection with the Competition, their Prize and/or the Promoter and by entering the Competition all entrants agree that if they win the Competition they will, participate in and cooperate with the Promoter in connection with any publicity activity reasonably requested by the Promoter. Entrants acknowledge and agree that copyright in any publicity materials in which they and/or their details appear is the property of the Promoter and that the Promoter will be entitled to exploit such publicity materials in any and all media throughout the world in any manner it deems fit.
- BEHAVIOUR: The Winner must not engage in any inappropriate, illegal, dangerous and/or immoral behaviour, must not use excessive alcohol, artificial stimulants, chemical subtances and/or any illegal drugs and must not act in any other manner that may bring the Promoter into disrepute ("Inappropriate Behaviour"). If the Winner engages in any Inappropriate Behaviour the Promoter reserves the right to deem the Prize (or any Prize element remaining unused at the time of the Inappropriate Behaviour) forfeited and the Promoter is not liable in any way for the consequences of any Inappropriate Behaviour, including without limitation any costs and/or expenses incurred by the Winner and their companion(s) as a result of the Inappropriate Behaviour and the forfeiting of the Prize in whole or in part.
- WINNER'S PERSONAL DATA: The Promoter reserves the right to publish in all media and to disclose to third parties the Winner's first name, surname, area of residence and likeness ("Winner's Data"). The Winner's Data can be obtained by sending a written request to the Registered Office marked for the attention of the E! Africa Marketing Team, stating the name of the Competition and enclosing a stamped self-addressed envelope.
- CANCELLATION AND AMENDMENT: The Promoter reserves the right to cancel, postpone and/or amend the Competition and/or these T&Cs at any time without prior notice if any unforeseen circumstances or circumstances beyond the Promoter's reasonable control make it reasonably necessary or prudent to do so.
- SEVERABILITY: If any part of these T&Cs is be determined to be illegal, void and/or unenforceable by a court of competent jurisdiction, then such part shall be severed and deleted, to the extent of such illegality, invalidity or unenforceability, and the remaining parts of these T&Cs shall remain in full force and shall continue to be binding and enforceable to the maximum extent permitted by law.
- RIGHTS OF THIRD PARTIES: These T&Cs do not create any right or benefit enforceable by any person not a party to them (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
- JURISDICTION: These T&Cs shall be governed by and construed in accordance with the laws of England and Wales and the Promoter and all entrants to the Competition submit to the exclusive jurisdiction of the English Courts.