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Kellogg's

MAKRO COMPETITION RULES

Kellogg's Competition 
 

TERMS & CONDITIONS AND SCHEDULE

Definitions

Unless the context provides otherwise, the words and expressions set out below will have the following meanings and cognate expressions shall have corresponding meanings:

1.    “Competition” means the competition listed in Clause 1 of the Schedule, organized by the Promoter and open all natural persons residing in the Republic of South Africa.
2.    “Competition Period” means the period set out in Clause 2 of the Schedule. Any entries received after the close of the Makro store’s operating hours 07h00 – 18h00 will be invalid and will not be considered. Online purchases made after 23h59 on the last day of the Competition will not be considered and are subject to government regulations. The Promoters reserve the right to extend the Duration of the Competition in the event that the Promoters have not received the minimum number of qualifying entries for the Competition Period
3.    “Goods” means the goods set out in Clause 3 of the Schedule.
4.    “Participant” means a person who enters the Competition.
5.    “Participating Stores” mean retailers of the Goods in the Republic of South Africa which are approved by the Promoter to participate in the Competition.
6.    “Promoter” means Kellogg Company of South Africa (Proprietary) Limited (Registration Number: 1948/0302591/07) a company duly incorporated in accordance with the company laws of the Republic of South Africa and Massmart Holdings Limited with its registered address at 16 Peltier Drive, Sunninghill, 2157 and its operating unit, Massmart Retail (Pty) Ltd trading as Makro (Registration number: 2008/001666/07).
7.    “Prize” means the prize set out in Clause 4 of the Schedule.

Application of Terms and Conditions

By choosing to enter the Competition, the Participant agrees to be bound by the following terms and conditions, which the Participant acknowledges to have read, understood and agree to the terms and conditions (“Rules”).

Entry Requirements

1.    In order to be eligible for Participation in this Competition an entrant must:
1.1.    Be a South African citizen or permanent resident over the age of 18 (eighteen) years. Persons under the age of 18 years may not participate in the Competition, unless they have received written consent to do so by their parent or legal guardian, which shall be provided to the Promoter’s upon request. Persons with permanent residency must produce a valid passport and residential permit;
1.2.    successfully enter the Competition in accordance with the entry mechanism set out in clause 5 of the Schedule;
1.3.    agree to permit the Promoter to collect his/her personal information for the purpose of the Competition and the Promoter’s product marketing and development; and
1.4.    undertake to abide by these Rules.
2.    Participants may only enter this Competition through the mechanic set out in Clause 5 of the Schedule.
3.    Entries via any other mechanic other than that in Clause 5 of the Schedule shall not be considered. Entries that are unclear, illegible, are submitted via an incorrect entry mechanism or contain errors or from disqualified person/s will be disqualified
4.    Only entries received within the Competition Period will be considered. The Competition closes at midnight on the Closing Date as specified in Clause 2 of the Schedule (the “Closing Date”) and no other entries thereafter shall be considered.
5.    Participants may enter this Competition as many times as they like provided the Participant meets the qualifying set out above each time. However, participants are only eligible to stand a chance to win 1 (one) Prize under this Competition.

Award Terms

1.    The Prize winners shall be determined via random draw as set out in the Schedule.
2.    Any prize not taken up by a winner for any reason within two months of notification will be forfeited.
3.    All winners will be required to provide their names and contact details and to sign an acknowledgment of receipt of the prize.
4.    In the event that the Prize winner cannot be successfully contacted within 24 hours of the final decision or is unable, for any reason whatsoever, to accept the prize, a replacement winner will be randomly drawn from the remaining qualifying participants in the draw in accordance with same process and procedures as applicable to the original draw.
5.    The Qualifying Products are subject to availability at the time of purchase. The Promoter shall not be liable for stock shortages due to the demand driven by this Competition. If Qualifying Products are returned, the Participant’s entry will be deemed invalid at the date of the draw.
6.    The Promoter reserves the right, at its sole discretion, to substitute the Prize with any other prize of comparable or greater commercial value for whatever reason. The Prize does not include any other costs or expenses relating to the Prize or the enjoyment of the Prize not expressly specified in these Rules. All taxes, insurances, and/or other expenses resulting from or relating to the Prize are the sole responsibility of the winner unless otherwise stated. From date of transfer of ownership any and all risk in the Prize will pass to the winner and it will be the winner’s sole responsibility to take out the necessary insurance in respect of the Prize. Accordingly, the Promoter’s and its affiliates, will not be responsible for any other expenses which the winner/s may incur as a result of their acceptance and/ or use of a Prize, whether foreseen or not. To the extent that any taxes, duties, levies or other charges may be levied on a prize by the government or any other competent government or regulatory body, the winner/s will be liable therefore, and the Promoter/s will not increase the value of the prize/s to compensate for such charges.  
7.    The value of the prize includes VAT, and the prize will be given to the winner at the ruling price which is available to any customer on the day that the item is purchased from the participating store.

Use of Personal Information

1.    Personal information is information relating to a Participant. Personal information includes a Participant’s identity number, passport number and contact details as well as any photograph (if applicable).
2.    This personal information may be collected by the Promoter or its agency on behalf of the Promoter for the purpose of this Competition such as, but not limited to Competition draw, contacting any participant’s, finalists and/or winner/s, announcing any finalists and/or winner/s.
3.    At all times, any personal information shall be transferred to the Promoter in accordance with the laws of the Republic of South Africa implementing security measures in accordance with applicable laws to safeguard the Participant’s personal information.
4.    By entering this Competition and providing the required information, a Participant agrees that the Promoter and/or its agent may use his/her personal information in connection with the Competition. Save for personal information that the Promoter is required or authorized by law to collect, the provision of such personal information is voluntary, but should the Participant not provide all the required information then such Participant may not be able to participate in the Competition. 
5.    As far as the law allows, each Participant agrees and gives the Promoter and/or its agent permission to collect, get, receive, record, organize, collate, store, update, use and share all of his/her personal information for all purposes relating to the Competition. The Participant also agrees to the Promoter sharing the personal information with third parties for the purposes set out above. Furthermore, the Participant understands and agrees that his/her personal information may be transferred to and accessed from locations outside South Africa, and the Participant hereby agrees to the transfer of personal information to locations outside South Africa for the purposes set out above. 
6.    A Participant may ask the Promoter at any time to correct or confirm any personal information if it is wrong or out of date. At all material times hereto, the personal information processed by the Promoter will be managed in terms of its Privacy Notice, which is available at https://www.kelloggs.co.za/en_ZA/privacy-policy.html.
7.    Each Participant warrants that he/she has the authority to allow the Promoter to use his/her personal information for purposes of the Competition. The Promoters will not use any Participant’s personal information in any way which breaks the law and undertakes to keep all personal information of Participants secure and for as long as the law requires. 
8.    The Participant understands that the Participant may decline an invitation to be photographed, however, should the Participant agree, the Participant agrees that any photographs taken of them in relation to this Competition become the property of the Promoter to use in any marketing campaigns as the Promoter deems fit and the Participant hereby consents to the usage of his/her photograph and/or full names to be used in any marketing campaigns and/or Competition announcements. The Participant shall have no claim for any compensation for use of the photograph.

Warranties and Indemnities

1.    Artwork is for illustrative purposes only. The Promoter, its employees, officers, directors, agents and associates and the Participating Stores, their employees, officers, directors, agents and associates (the “Indemnified Parties”) shall not be liable for and the Participants hereby indemnify and hold the Indemnified Parties harmless from any claim, liability, cost, expense or penalty suffered or incurred by any person as a result of participating in the Competition.
2.    In the event that the award of a Prize is subject to any bank charges and/or has any tax implications and or any other cost then Kellogg reserves the right to adjust such Prize to accommodate such charges and costs.
3.    Where products are given as part of the Prizes, all such products are subject to all applicable warranties, guarantees and instructions of use accompanying such products.
4.    Participation in this Competition and subsequent use of a Prize is at the Participant’s and/or Winner’s own risk. Participants and Winners hereby indemnify and hold harmless the Promoter, the Agency, either or both of their employees, agents, organisers of this Competition, advertising agencies, advisers and any other related parties, against all claims, losses and liability whether direct or indirect incurred by any Participant or Winner arising from or in connection with this Competition, including without limitation, personal injuries, death and property damage and claims based on publicity rights, defamation or invasion of privacy, howsoever arising.
5.    the Promoter shall not be responsible for any misrepresentation caused due to an unintentional copying error, typing error or an error by omission that may occur on any of its promotional material or social media in relation to this Competition. 
6.    By posting any content, experiences, images on any social media platform, in relation to this Competition and its associated promotional activities, participants consent and give the Promoters a world-wide, royalty free and non-exclusive license, to reproduce, modify, adapt and publish any content posted and/or submitted by a participant on a social media platform, for the purposes of promoting the products and services of the Promoter.

Force Majeure

1.    In the event of any act of God, strike, war, warlike operation, rebellion, riot, civil commotion, lockout, Government Regulations, combination of workmen, interference of trade unions, suspension of labour, fire, accident, or (without regard to the foregoing enumeration) of any circumstances arising or action taken beyond or outside the reasonable control of the Promoter preventing them from the performance of any obligation to a Participant (any such event hereinafter called "Force Majeure") then the Promoter shall be relieved of all such obligations to the Participant during the period that such Force Majeure continues and shall not be liable for any delay or failure in the performance of any obligations or loss or damage which the Participant may suffer due to or resulting from the Force Majeure.

General

1.    The Promoter may in its sole and absolute discretion amend these terms and conditions at any time, by publishing the revised terms and conditions on the website in Clause 6 of the Schedule.
2.    The Competition is not open to any director, member, partner, owner, employee, agent of, consultant to, or anyone associated with or affiliated to the Promoter or its agent.
3.    In the event of a dispute regarding any aspect of the Competition and/or these terms and conditions, the Promoter’s decision will be binding and final and no correspondence will be entered into.
4.    In the event of a dispute regarding a winner chosen in accordance with above, the decision of an independent admitted attorney duly appointed by the Promoter will be final and binding and no other correspondence will be entered into.
5.    The Promoter reserves the right to cancel, suspend or terminate the Competition at any time and without notice to the Participants.
6.    All enquiries regarding the Competition should be sent to the Promoter at the details set out in Clause 7 of the Schedule.

Schedule
 

No.Reference Detail
1.Competition NameKellogg’s Coco Pops Fills Makro Promotional Competition (“Competition”)
2.Competition Period
  1. This Competition will commence at 00:01 on 1 April 2022 and will close on 30 June 2022 at 23:59. 
  2. Entries received after the closing date and time will not be considered.  The Organizer will not be held responsible for any entries not being received due to technical issues.
3.Qualifying Kellogg’s Product(s)Participants are required to purchase 2 packs of Coco Pops Fills 350g (“Qualifying Product”)
from any of the participating Makro stores.
Take note that no other Kellogg’s products are eligible for this Promotional Competition, other than the Qualifying Product mentioned above.
4.Prize details
  1. The Prize to be won is 44 Drip sneakers each to a maximum value of R1,500 (One Thousand and Five Hundred Rand) (“Prize”).
  2. The Winners will be notified via telephone call (on the number supplied by the Participant) of the fact that they have won and the Promoter and obtain a delivery address from the Winner where the Prize is to be delivered. The Promoter will then dispatch the Prize to the address supplied to the Winner within a maximum period of 12 (twelve) weeks of the date on which the Winner has provided the address for delivery.
  3. Participants may enter multiple times, however regardless of the number of entries, participants will only be entitled to 1 (one) Prize should they be drawn as the winner.
  4. The Prize does not cover any other costs of the winner whatsoever which is not mentioned in these terms and conditions and the Organisers will not be liable or responsible to the winner for any such costs.
  5. By proceeding, you consent that the Personal Information you give can be used by the Promoter and/or its agents for the purposes of this Competition.
  6. The Prize will not be transferable or negotiable.
  7. This Competition will be limited to the Republic of South Africa.
5.Entry MechanicParticipants can enter this Competition as follows:
Participants are required to purchase 2 (two) packs of the following brand Kellogg’s Coco Pops Fills 350g from any of the participating Makro stores.
  1. After the Participant purchases 2 of the Qualifying Product, the participant will automatically be entered by swiping their Makro Store Card.
  2. Only qualifying purchases from participating Makro stores dated within the competition dates will be valid.
The Promoters have the right to disqualify any Participant that cannot produce a valid till slip.
6.The Competition Draw
  1. The draw for the finalist/s will take place by 8th July 2022 – announcement of 44 winners (2 winners per Makro store).
  2. Winners will be selected by a random system-generated-draw overseen by an independent auditor in terms of the Consumer Protection Act.
  3. The finalist/s will need to go through a verification/ vetting process and will be required to provide the following to the Promoters:
  1. Proof of purchase by means of a valid till slip;
  2. Identification Documents; and
  3. Proof of residency through a certified copy of a utility bill, a bank statement, lease agreement or a retail account not older than 3 months.
  1. The finalist/s will also be vetted to ensure that they have not won a previous Competition organized by the Promoter within the past 183 days, that they are not related to anyone who is a previous winner or reside at the same address as any previous winner or use the same telephone number as a previous winner of any competition run by the Promoter within the past 183 days. If the answer is yes to any of these, the finalist will not be allowed to be a winner in terms of these terms and conditions.  Any fraudulent activity confirmed or suspected will automatically allow the Promoter to disqualify this finalist/s.
  2. Once the finalist/s have been verified, Winners will be selected from these eligible and certified finalist/s and the selection process will be overseen by an independent person in terms of the Consumer Protection Act.
7.Website for Terms
and Conditions
To Access the Terms and Conditions, you may visit our website at https://www.kelloggs.co.za/en_ZA/home.html
8.Enquiry Phone
Number and Email
Address
For enquiries, contact: consumers.sa@kellogg.com, or call 0860 200 601 between 08h00 and 16:30 on weekdays.

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