WIN A HOME GRAND PRIZE COMPETITION TERMS AND CONDITIONS
Important clauses which may limit our responsibility, place an obligation on you to indemnify us, involve an acknowledgment of any fact or involve some risk for you will be in bold and italics. You must pay special attention to these clauses.
1.1. The Win a Home Grand Prize Competition (Grand Prize Competition) will be run by Cardova Trading (Pty) Ltd (the organiser/we/us/our);
1.2. The Grand Prize Competition is sponsored by:
- Private Property South Africa (Pty) Ltd;
- Balwin Properties Limited;
- Capitec Bank Holdings Limited; and
- Samsung Electronics South Africa (Pty) Ltd.
1.3. Each person entering the Grand Prize Competition (entrants/you/your) and/or accepting a Prize in terms of the Grand Prize Competition agrees and accepts that the Grand Prize Competition rules as set out in these terms and conditions are binding on him/her.
2. COMPETITION PERIOD
The Grand Prize Competition will open at 12h00 on Monday, 17 September 2018 and will close at 23h59 on Sunday, 2 December 2018 (Competition Period).
3. WHO CAN ENTER
3.1. In order to be eligible to enter the Competition and to receive a prize herein:-
3.1.1. you must be a legal, permanent resident of the Republic of South Africa and be in possession of a valid identification document with a 13-digit identity number;
3.1.2. you must be 18 (eighteen) years of age, or older;
3.1.3. you must be a natural person;
3.1.4. you must have a valid SABC tv license;
3.1.5. you must not be barred or disqualified by any authority from taking delivery and transfer of the Prize or any portion thereof.
3.2. Notwithstanding clause 3.1, you are not eligible to enter this Competition if:
3.2.1. you are a director, member, partner, employee, agent or consultant of the organisers or Sponsors, or any other person who directly or indirectly controls or is controlled by the organisers or Sponsors;
3.2.2. you are an immediate family member of any of the persons specified in clause 3.2.1;
3.2.3. you are a supplier of goods or services in connection with the Competition.
4. HOW TO ENTER
4.1. Win a Home Behind-the-Door Competitions
4.1.1. We will run 11 (eleven) weekly Win a Home Behind-the-Door competitions (Behind-the-Door Competitions) in connection with the SABC 3’s, Win a Home show within the Competition Period.
4.1.2. Each successful and valid entry for any of the Behind-the-Door Competitions that are run between Monday, 17 September 2018 and Sunday, 2 December 2018 will also count as an entry for the Grand Prize Competition. For the avoidance of any doubt, entries for the 11th (eleventh) and final Behind-the-Door Competition will remain open until 19h45 on Thursday, 6 December 2018, but only valid entries received up to 2 December 2018 will count as entries for the Win a Home Grand Prize Competition.
4.1.3. Terms and Conditions on how to enter for the Behind-the-Door Competitions can be found on the Private Property website at http://www.privateproperty.co.za/advice/property-tv/articles/weekly-competition-terms-and-conditions/4467.
4.2. There are no further forms to fill in and once you meet the requirements set out in clause 3 above and this clause 4, you will automatically be entered into the Grand Prize Competition.
4.3. You are required to attend to the cost for your entry, including standard internet costs.
4.4. Any entries over and above the one entry per day allowed for the Behind-the-Door Competitions received up until 2 December 2018 will not be included in the draw for the finalists of the Grand Prize Competition.
4.5. No automated entries will be allowed and each entry must be made by a natural person manually.
5. DETERMINATION OF THE FINALISTS
5.1. The organisers will within 1 (one) day from the closing of the Grand Prize Competition randomly draw 6 (six) names by means of an automated system from all valid entries received as finalists for the Grand Prize Competition (Finalists).
5.2. We will contact the Finalists via telephone within 24 (twenty-four) hours of the draw to request copies of their identification documents, copies of their valid SABC TV licenses and such other documentation required in order to validate their entries. Each of the Finalists shall be required to provide electronic copies of their identification documents within 6 (six) hours of being requested to do so by us, failing which the Finalist will be disqualified.
5.3. If a Finalist is not contactable by the organisers within 24 (twenty-four) hours from the draw, and after we have made at least 2 (two) attempts to contact the Finalist, that Finalist will be disqualified. In the event of a disqualification as contemplated herein, we shall have the right to select a different entrant on the same conditions except that we shall only be required to make one attempt to contact each further entrant selected.
5.4. Finalists, whose entries have been validated, will be notified by us via telephone within 12 (twelve) hours of receiving the requested documentation as contemplated in 5.2 above.
5.5. Each Finalist will be provided with a participation agreement (Finalist Agreement) that will include the rules for the Challenge and terms and conditions for the Grand Prize Competition. Each Finalist will be required to sign a copy of the Finalist Agreement and to return same to the organisers within 6 (six) hours of it being sent to the Finalist, failing which that Finalist will be disqualified and/or forfeit the opportunity to participate further in the Challenge/Grand Prize Competition.
6. DETERMINATION OF THE WINNER
6.1. The Finalists will be flown to Cape Town at our expense, where they will take part in a challenge (Challenge) to determine the winner of the Grand Prize (Winner). The challenge will be announced on the date of the Challenge unless otherwise determined by the organisers.
6.2. The Challenge is provisionally scheduled to take place on Thursday, 13 December 2018 at the Win a Home studios, Cape Town and the Grand Prize handover event is provisionally scheduled to take place on Friday, 14 December 2018 at Paardevlei Lifestyle Estate, Somerset West, Western Cape.
6.3. The Finalists must make themselves available to travel to Cape Town and to take part in the Challenge at any time during the period from 7 to 14 December 2018 (dates are subject to change at the discretion of the organisers). If a Finalist refuses to take part, or is otherwise unable to attend or to take part, in the Challenge, he/she will be disqualified and the organisers will be entitled to select another Finalist on the same conditions. In light of the above, each Finalist must confirm his/her availability to attend and take part in the Challenge within 6 (six) hours of being invited, failing which such Finalist may be disqualified at the sole discretion of the organisers and the organisers may draw another Finalist on the same conditions.
6.4. A panel of judges, appointed by us, will in their sole and unfettered discretion determine the Winner in accordance with the rules for the Challenge that will be provided to the Finalists prior to the Challenge. The organisers’/judges’ determination of the Winner is final and no correspondence will be entered into. The organisers, the Sponsors, their agents and the SABC will not be held responsible for any disputes arising from the Competition, determination of the Winner or prize awards.
6.5. The Challenge and the awarding of the prize shall be filmed by the organisers and broadcast on the Win a Home television show on SABC 3.
7.1. The Winner will receive a three-bedroom apartment – as furnished by one of the Win a Home Design Duos – Phase 3, Block 10 in Paardevlei Lifestyle Estate, Somerset West, Western Cape, including 1 (one) basement parking (Prize).
7.2. We will provide the Winner with an inventory list of all the furniture, appliances and other items that are included with the Prize within 1 (one) day from the date the Winner is determined. Please note that the furniture, appliances and/or other items, that are featured on television, the internet, photographs or in any marketing or other material showing the property making up the Prize, may not necessarily form part of the Prize. The furniture, appliances and other items that are included with the Prize will be limited to the furniture, appliances and other items included on the inventory list provided by us.
7.3. The Prize, or any part thereof, may not be exchanged for cash any other item. The Prize is not transferable. We reserve the right to substitute the Prize, or part thereof, with any other prize of a similar commercial value.
7.4. If you are determined as the Winner:-
7.4.1. you agree to accept the Prize on the date of the handover.
7.4.2. you agree to accept the Prize, including any parts thereof voetstoots.
7.4.3. you accept and will use the Prize, or any part thereof, at own risk. The organizer, the Sponsors, their agents and the SABC shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with this Competition or accepting or using the Prize.
7.4.4. You agree to sign all such documentation on the date of handover of the Prize, or as soon thereafter as reasonably possible, that may be required to affect the transfer of the Property from Balwin Properties Limited to your name.
7.4.5. You acknowledge, accept and agree that you may not be able to occupy the Property on date of handover and that you will only be able to occupy the Property on the date of transfer of the Property to your name and not before the Property and the private and exclusive use areas in the Paardevlei Lifestyle Estate are available for beneficial occupation and the common areas for the occupants within the said development are substantially complete for the use of these occupants, provided such date shall be at the discretion of Balwin Properties Limited.
7.4.6. You will not be liable for any direct cost or fees, including legal fees, associated with the transfer and registration of the Property.
7.4.7. You agree to accept and to accord with the Paardevlei Lifestyle Estate Home Owners’ Association – Conduct Rules, a copy of which will be handed to you on the date of handover of the Property.
7.4.8. You acknowledge and accept that after the period of 6 (six) months from the date of occupation has lapsed, you will be liable to pay the Levies with regards to the Property. For the avoidance of any doubt, the organisers shall pay the Levies with regards to the Property a period of 6 (six) months from date of transfer of the Property to your name.
7.4.9. You acknowledge that, apart from the Levies for the first 6 (six) months, you will be liable for any other costs that may be incurred relating to the Prize from transfer of the property in your name, or date of occupation whichever date happens first in time.
7.4.10. The benefit and risk in the furniture, fixtures and appliances that may be included in the Property shall pass to the Winner on date of handover of the keys to the Property. The Winner shall accept the furniture, fixtures and appliances included in the Property voetstoots in the state and condition as it is received on date of handover of the keys to the Property.
8.1. We will provide return flights from major airports within South Africa to Cape Town for Finalists who do not reside in Cape Town or its surrounding areas as may be required for participation in the Challenge and/or the attending the Handover Event. The Finalists will be required to arrange for transport to 1 (one) of the major airports at their own expense. We will provide for transport and accommodation in Cape Town, where required for Finalists who do not live in Cape Town or surrounding areas for purposes of the Challenge.
8.2. We will contact each Finalist to make the necessary travel arrangements for the trip to Cape Town.
8.3. The delivery and passing of the Prize to a Winner is subject to the necessary approvals being obtained from the applicable regulatory authorities and that the Winner not being legally barred or disqualified from acquiring and taking delivery and/or transfer of the Prize or any portion thereof. In the event of the latter being the case, or said approvals not being granted within 60 (sixty) days from the handover, the organisers shall be entitled, but not obliged, to cancel the award and the Winner shall not have any claim against the organisers or the Sponsors for any damages, compensation or the like arising from cancelling the award.
8.4. Where relevant, if a Winner does not accept the Prize as required herein, if an entry is not valid for whatever reason, if a Winner has breached these terms and conditions, if a Winner renounces the Prize or we deem such Winner to have renounced the Prize, we reserve the right to declare the Prize forfeited.
8.5. In the event of cancellation of the award to the Winner, we shall be entitled, but not obliged, to award the Prize to the first runner up of the Grant Prize Competition, or as otherwise determined at our sole and unfettered discretion.
8.6. The organiser, the Sponsors, their agents and the SABC accept no responsibility for any technical problems with respect to entries. The organiser, the Sponsors, their agents and the SABC are not liable for any costs incurred, responses received or any other consequences of user error.
8.7. We will need to process your personal information to validate your entry, to contact you for marketing purposes, as well as to contact you, if you are a Finalist, to make necessary arrangements for you to attend the Challenge and/or Handover Event where applicable. By entering this Grand Prize Competition, you specifically and expressly consent to us and the Sponsors processing your personal information for these purposes and sending you marketing information/newsletters.
8.8. If any entry was made in a manner which in the organiser’s discretion may provide an entrant with an unfair advantage over other entrants, unless these rules specifically allow such conduct, such entrant will be disqualified from the Grand Prize Competition.
8.9. The organiser, the Sponsors, the SABC and their agents shall not be liable for any claim of whatsoever nature as a result of any damage, loss or the like suffered or sustained by an entrant or the Winner due to any disqualification or forfeiture of the Prize as provided in accordance with this terms and conditions.
8.10. The organiser reserves the right to modify or amend the terms and conditions as well as to terminate the Grand Prize Competition at any time if it is deemed necessary in its opinion. In the event of such termination, all entrants agree to waive any rights that they may have in terms of the Grand Prize Competition and acknowledge that they will have no recourse against the organiser, their agents and/or suppliers.
8.11. The organiser’s decision regarding any matter concerning the Grand Prize Competition and/or arising out of these terms and conditions, including the determination of the Winner, is final and no correspondence will be entered into. The organiser, the Sponsors or their agents will not be held responsible for any disputes arising from the Grand Prize Competition or Prize award.
8.12. 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 you or us in terms of the Consumer Protection Act, 68 of 2008 (CPA).
8.13. All entrants to the Grand Prize participate entirely at their own risk. By entering the Grand Prize Competition, you consent to these risks and hereby indemnify and hold harmless the organiser, the Sponsors and all their associated entities, their suppliers and the SABC, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Grand Prize Competition, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or willful misconduct of any indemnified party.
8.14. Should you be determined as the Winner, you hereby specifically indemnify and hold the organisers, the Sponsors, the SABC and their agents harmless against any claims for payment of any taxes that may be raised by the South African Revenue Services relating to the Prize.
9. FILMING RELEASE
If you are determined as a Finalist, you hereby agree to take part in the Challenge in Cape Town to determine the Winner, you acknowledge and agree that your participation will be filmed and broadcast on the Win a Home television show (which may be broadcast live) and that the organisers have the right to film, record, tape and photograph you during and in connection with your participation in the Grand Prize Competition. Your attention is drawn specifically to the provisions of regulation 11(3) of the regulations to the Consumer Protection Act, No 68 of 2008 that any successful entrant may decline the use of any and/or all photo and videos created during the Grand Prize Competition for marketing and promotional purposes. You hereby assign to the organiser all present and future intellectual property rights and related rights (including, without limitation, copyright and performer’s property rights and all like rights) in and to your appearance in the Win a Home television show, any recordings, videotapes, photographs and/or any other materials created by or on behalf of the organiser pursuant to this Competition (Footage). You hereby grant all necessary consents, under the Copyright, Act 1978 or otherwise, to the organiser and its affiliates worldwide to use and exploit all rights assigned to the organiser under this clause forever and throughout the world in any and all media now known or hereafter discovered, without restriction, and unconditionally and irrevocably waive, in favour of the organiser, its affiliates, licensees, assigns and successors in title, such rights under Sections 20 of the Copyright Act 1978 (as amended from time to time) and, so far as is legally possible, any and all moral rights or similar rights as you now have or hereafter acquire anywhere in the world in relation to your appearance in the Footage and every part thereof. All right and title in and to the Footage shall vest in the organiser, and the organiser shall be entitled to use and exploit the Footage in whole or in part, in the Win a Home television programme and/or the Grand Prize Competition or any production thereof or otherwise, as it may at its absolute discretion determine. The organiser shall have the right to assign and/or license the rights (including the Footage itself or excerpts thereof) granted to the organiser under this agreement to third parties without restriction.
10.1. If you are determined as a Finalist, you acknowledge that the Challenge, the determination of the Winner and the handing over of the Prize may take place prior to the actual broadcast of the event on the Win a Home television show and will become known to you.
10.2. You acknowledge that any information pertaining to the Challenge, including without limitation, any information pertaining to your participation or the identity and participation of any other Finalists, the determination of the Winner, or any other information relating to the Challenge that may be regarded to be confidential, is strictly confidential and is valuable to the organiser, the Sponsors and the SABC. You acknowledge that the organisers, the Sponsors and/or the SABC may suffer damages if any such information should be disclosed to the general public prior to the broadcast of such information on the Win a Home television show and hereby irrevocably agree not to disclose any information pertaining to the Challenge, including without limitation, any events leading up to the Challenge, the processes/events that make up the Challenge, your participation, the participation of any other Finalist, any information pertaining to the identity of the eventual Winner, to any third party by any means prior to the announcement of the Winner of the Competition on the Win a Home television show.