1. CUSTOMER SURVEY AND COMPETITION TERMS AND CONDITIONS

1.1. The promoter of this competition is Massmart Holdings (Pty) Limited (registration number: 1940/014066/07) having its registered address at 16 Peltier Drive, Sunninghill, Sandton.
1.2. These Terms and Conditions govern your participation in the Surveys and related Competitions. These Terms are a valid and binding agreement between you and Massmart from the moment of signature of the Consent form and/or electronic permission provided by yourself. It is therefore important that you read and understand these Terms and Conditions which are amendable at any time by Massmart, without prior notice.
1.3. By clicking “I agree”, or by submitting your information on any chosen Massmart electronic platform (portal, website, survey etc.), or by signing up for and voluntarily participating in this Survey Competition, you agree to the terms and conditions and the Massmart Privacy Policy found at Privacy Centre (massmart.co.za) (“collectively referred to as “Terms”).
1.4. As stipulated in these rules, entry into the Survey Competition is valid once you have completed the survey. You have to be a natural person,18 years or older, in possession of a valid South African Identity Document, or passport with a valid temporary or permanent resident permit for South Africa, to enter (“Participants”). Any employees, directors, members, partners, agents or consultants or any persons who directly or indirectly controls or is controlled by the Promoter and/or immediate family members of any employee, director, member, partner, agent, service provider or consultant of or person indirectly or directly in control or controlled by the Promoter, their advertising agencies, advisers, dealers, suppliers, its affiliates and/or associated companies are not eligible to enter this Survey Competition.
1.5. A Prize will only be awarded to a natural person as stipulated in these rules and will not be awarded to any legal entity and if it is not unlawful to supply the Prize to a person in terms of any legislation or public regulation
1.6. Participants taking part in a Survey Competition hereby accept and agree that they have had an opportunity to read and consider these Terms and Conditions and that they are bound by these Terms and Conditions and any other Terms and Conditions which Massmart advise are applicable.

2. SURVEY

2.1. Links to the Survey Competition will only be valid for 7 (seven) calendar days and shall be obtained as follows:
2.1.1. Once you have purchased a product and/or a service from Massmart, you will receive a link to voluntarily complete a survey in respect of the service received from Builders, Game, Jumbo, Cash & Carry and/or Makro. If you complete the Survey, then you will automatically be entered into the Survey Competition.
2.1.2. The survey will be aimed at:
2.1.2.1. getting insights and feedback on customer shopping experiences; or
2.1.2.2. understanding customers’ shopping behavior.
2.2. Each survey link will contain different questions and may only be utilised once. Each survey completed will result in 1 (one) entry to the Competition. Each participant may have multiple entries depending on the number of orders or services received via any Massmart stores but will only be eligible to win 1 (one) Prize.
2.3. In order for your entry to be valid, you have to complete the relevant survey, and you have up to 7 (seven) calendar days to complete the survey, commencing from the day you would have received the survey invitation. It is your responsibility to ensure that Massmart receives your entry within 7 (seven) calendar days of the date you receive the survey invitation. Only 1 (One) entry per survey made by you will be accepted

3. DURATION

3.1. the Survey Competition will run from the dates referred to in the survey invitation (“Survey Period”).
3.2. Any physical entries delivered / received after the close of business of the relevant store on the last day of the Survey Competition will not be considered. Online purchases made after 23h59 on the last day of the Survey Competition will not be considered and are subject to government regulations.
3.3. Massmart reserves the right to amend, modify, change, postpone, suspend or terminate this Survey Competition and any Prizes (which have not yet been subject to a draw), or any aspect thereof, without notice at any time, for any reason which Massmart reasonably deems necessary. In such event, you waive any rights that they may have/purport to have in terms of this Survey Competition and acknowledge that you shall have no recourse against Massmart and its affiliates whatsoever.
3.4. Massmart reserves the right to extend the duration of the Survey Period in the event that Massmart has not received the minimum amount of completed surveys for the Survey Period.

4. SURVEY INDEMNITIES

4.1. You acknowledge that you are completing the survey and entering the Survey Competition entirely at your own risk. Massmart and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, any participating Massmart company and/or its subsidiaries cannot be held responsible or liable for any accident, injury, harm or loss suffered by any person or entity as a direct or indirect result of entering the Survey Competition or suffered as a direct or indirect result of the utilisation in any way whatsoever of the Prize won in terms of the Survey Competition.
4.2. By completing the survey, and entering the Survey Competition, you unconditionally and irrevocably indemnify and hold harmless Massmart, as well as its holding company, its subsidiaries and any subsidiaries of its holding company, and their successors and assigns, directors, employees, agents or consultants against all and any losses, claims, proceeding, actions, damages, (direct, consequential or otherwise) liability, demands, expenses, legal costs (on an attorney and own client basis) howsoever arising out of, based upon, or in connection with (directly or indirectly) your participation in the Survey Competition and the use of any subsequent Prize you may win as part of the Survey Competition.
4.3. The Promoter, its directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participant, or accept any liability for any:
4.3.1. inability by the Participant to use the prize in part or at all; or
4.3.2. personal loss or injury occurring at any venues arising, directly or indirectly, out of the use of the Prize. The Promoter does not guarantee the availability, quality, or safety of any products or services provided as part of the prize.
4.4. Survey artwork is for illustrative purposes only. You hereby agree to release and indemnify Massmart and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and subsidiaries and hold it harmless against any and all losses, harm, damages, rights, claims and actions of any kind in connection with the Survey Competition, from the participation in the Survey Competition or acceptance, possession, use or receiving of any Prize relating to the Survey Competition, including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.
4.5. Massmart and its service providers, are not responsible for:
4.5.1. incorrect and inaccurate transcription of entry information;
4.5.2. technical malfunction;
4.5.3. inappropriate images and comments posted by the entry or by the public;
4.5.4. lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network or computer equipment or software; and/or
4.5.5. the inability to access any website or online services or any other error.

5. AGREEMENT AND AMENDMENTS TO THE SURVEY TERMS:
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5.1. By entering this Survey Competition, you agree to be bound by these rules which will be interpreted by Massmart, whose decision regarding any dispute will be final and binding.
5.2. A copy of these rules shall be provided upon request and at no cost. A request can be emailed to: info@massmart.co.za.

6. PRIZE/S:

6.1. You agree and understand that you stand a chance to win 1 (one) prize per Survey as further set out in the survey invitation.
6.2. There is no guarantee that you will receive a prize by completing the survey.
6.3. The winners will be randomly selected nationally.
6.4. The Prize is not transferable by you and may not be deferred, changed or exchanged for cash or any other item.
6.5. The Promoter reserves the right to substitute the Prize with any other gift of comparable commercial value.
6.6. Although the Promoter has taken care to make sure that the prize is of a good quality, they do not give any warranties about the prize and you agree to accept the prize “as is”. Subject to applicable law, you also indemnify the Promoter against any damages that anyone may suffer as a result of the prize or this Survey Competition, including consequential and economic loss.
6.7. Any costs or expenses incurred in respect of items not specifically included in the prize is for the winner’s own account. The Promoter and its affiliates, will not be responsible for any other expenses which the winner may incur as a result of their acceptance and/or use of a prize, whether foreseen or not.
6.8. To the extent that any taxes, duties, levies or other charges may be levied on a prize by the revenue authorities or any other competent government or regulatory body, the winner will be liable therefore, and the Promoter will not increase the value of the prize to compensate for such charges.
6.9. The value of the prize includes VAT.
6.10. The winner will be contacted by Masstores via email or telephone call within 30 (thirty) calendar days of completion of the Survey for the winner to confirm details of their nearest store and Masstores will arrange for the date and time of collection of the gift voucher by the winner.
6.11. Winners may be requested to produce their Identification Document alternatively their valid Passport and their valid temporary or permanent resident permit on collection of the gift voucher Prize (if applicable).

7. HOW TO ENTER:

7.1. To take part in this Survey Competition, a Participant must comply with all of the following requirements:
7.1.1. on receipt of the invitation to participate in the survey, complete the required information in full. The Participant warrants that all information provided is accurate and does not breach any law or the rights of another person;
7.1.2. provide consent to voluntarily participate in the survey;
7.1.3. on receipt of the survey invitation, complete all questions in full and in an unbiased fashion and submit as indicated on the survey questionnaire; and
7.1.4. keep all information received during the survey, including the information on new products, confidential.
7.2. By completing the survey, the Participants will be automatically entered into the Survey Competition.
7.3. You may participate in this Survey Competition multiple times, provided that you receive the survey invitation. However, you are only eligible for 1 (one) Prize under this Survey Competition in each of the Massmart banners.

8. WINNER/S:

8.1. There will be random draws from across all of the relevant survey Participants in each of the Massmart banners.
8.2. The winner will be randomly selected from eligible Participants for the relevant Survey Period and will be drawn within 3 (three) months after the closing date of the Survey Competition.
8.3. In order to be eligible to win a prize, you must not have issued dishonoured cheques, or have overdue payments due to Massmart at the time of the Competition draw. You must not have committed any act of fraud or other criminal act against Massmart.
8.4. The winners name will be published on Massmart’s website and other media. The winner will be required to sign an acknowledgement of receipt of prize and may be requested to be photographed and/or identified in any media, which is inclusive of but not limited to television, radio print publications and online sites in which the Competition receives exposure and for future marketing initiatives with the understanding that the winner may decline such an invitation.
8.5. The winner will forfeit their prize in the event that he/she fails to comply with Massmart’s requirements within the time period provided to you by Massmart in order for Massmart to process the prize.

9. ACCURACY OF INFORMATION

9.1. It is your responsibility to ensure that of all information provided by or on behalf of you to Massmart is accurate, complete and up-to-date at all times.
9.2. Massmart will notify a winner of the Prize by contacting the winner using the contact details supplied to it by or on behalf of the winner.
9.3. If after any and all reasonable steps are taken in order to contact the winner, the winner cannot be contacted within 3 (Three) business days, then the winner will be automatically disqualified and a second draw will be held where the procedure as set out above will be repeated.

10. REDEMPTION OF THE PRIZE

Massmart accepts no liability for any further and or additional costs and/or expenses in relation to delivery of the prize, and the winner indemnifies Massmart, its directors, employees, shareholders and agents against any claim of whatsoever nature howsoever arising.

11. COMPETITION INDEMNITIES

11.1. Participants s enter this Survey Competition entirely at their own risk. Massmart and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, any participating store and/or its subsidiaries cannot be held responsible or liable for any accident, injury, harm or loss suffered by any person or entity as a direct or indirect result of entering this Survey Competition or suffered as a direct or indirect result of the utilisation in any way whatsoever of the prize won in terms of this Survey Competition.
11.2. Survey Competition artwork (if any) is for illustrative purposes only. Participants hereby agree to release and indemnify Massmart and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and subsidiaries and hold it harmless against any and all losses, harm, damages, rights, claims and actions of any kind in connection with the Competition, promotion or special offer or resulting from the participation in this Survey Competition or acceptance, possession, use or receiving of any prize relating to this Survey Competition, including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.
11.3. Massmart and its service providers, are not responsible for:
11.3.1. incorrect and inaccurate transcription of entry information;
11.3.2. technical malfunction;
11.3.3. inappropriate images and comments posted by the entry or by the public;
11.3.4. lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network or computer equipment or software; and/or
11.3.5. the inability to access any website or online services or any other error.

12. FORFEITURE / REJECTION OF PRIZE

If the winner fails to comply with any of these rules or the terms of acceptance of the prize, or if they refuse to sign Massmart’s winner’s declaration or Massmart’s winner’s prize acceptance form, this will be construed as a rejection of the prize and then, without prejudice to any other remedy which the Promoter may have, the winner will be automatically disqualified and will forfeit the prize.

13. PERSONAL INFORMATION AND DATA PROTECTION

13.1. By completing a survey or participating in a Survey Competition, you consent to the collection, processing and further processing of your personal information (including personal information contained in electronic communications) by Massmart for the purposes of conducting this survey and Survey Competition and facilitating the participation in the Survey.
13.2. Massmart shall process any and all Personal Information collected in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) in order to process your entry as stated herein as well as for any marketing and future promotions, if opted in.
13.3. You can refer to the Privacy Notice available at https://www.massmart.co.za/privacy-centre to confirm how Massmart will process your Personal Information.
13.4. By entering this Competition, a Participant acknowledges that personal information about the Participant will be shared with Massmart and their agents to the extent necessary to conduct the Competition and for prizes to be delivered to prize winners. Any such sharing will at all times be in compliance with POPIA.
13.5. Any personal information relating to the winner or a panellist will be used solely in accordance with the Consumer Protection Act 68 OF 2008 (“CPA”) and POPIA and will not be disclosed to a third party without your prior express consent.
13.6. By participating in the Survey Competition, you consent to the sharing of your personal information between Massmart and its affiliates including holding and subsidiary companies.
13.7. By posting any content, images, or comments on any of Massmart’s public and/or social media platforms or by sending any such content to Massmart, a Participant consents to and gives Massmart a world-wide royalty free licence to reproduce, modify, adapt and publish such content, images or comments for the purposes of promoting Massmart’s products and/or services.
13.8. The security and confidentiality of your personal information is important to us. We have implemented technical, administrative, and physical security measures to protect your personal information from unauthorised access or disclosure and improper use.
13.9. Access to your personal information is restricted to only those employees who need the personal information to perform a specific job / task. All employees with access to Personal Information are kept up-to-date on our security and privacy practices. After a new policy is added, these employees are notified and/or reminded about the importance we place on privacy, and what they can do to enhance protection for our customer’s personal information.
13.10. We are committed to ensuring that our security measures which protect your personal information are continuously reviewed and updated where necessary.
13.11. Whilst we will do all things reasonably necessary to protect your personal information, we cannot guarantee nor do we accept any liability of whatsoever nature for any unauthorised or unlawful disclosure and/or use of your personal information, either by employees and/or made by any third parties (including third party service providers) who are not subject to our control, unless such disclosure and/or use is as a result of our gross negligence.
13.12. Upon reasonable request and in accordance with POPIA, we will grant customers reasonable access to their personal information and will permit them to correct, amend or delete personal information that is incomplete or inaccurate. Should you so request, we will provide you with the record or a description of the personal information which we have about you, including information about the identity of all third parties who have, or have had, access to the personal information: (i) within a reasonable time; (ii) at a prescribed fee, if any; (iii) in a reasonable manner and format; and (iv) in a form that is generally understandable.
13.13. Should you wish to make a request please click on the following link https://www.massmart.co.za/privacy-policy-2.
13.14. We will take reasonable steps to ensure that all personal information is kept as accurate, complete and up-to-date as reasonably possible but may not always expressly request you to verify and update your personal information, unless this process is specifically necessary. We expect that you will notify us from time to time in writing of any updates required in respect of your personal information.
13.15. In addition, you may cancel or modify the email communications you have chosen to receive from us by following the instructions contained on our website. If you have any questions concerning your personal information or how to exercise these rights, please Contact Us at info.officer@Massmart.co.za.
13.16. You also have the right to lodge a complaint with the Information Regulator. You can email the Information Regulator with your complaint/query at mailto:inforeg@justice.gov.zaor call them on 012 406 4818. Visit their website for more details: https://www.justice.gov.za/inforeg/contact.html.

14. DISPUTES

14.1. Should any dispute arise in relation to these Terms and Conditions, Massmart’s decision be final and no correspondence shall be entered into.
14.2. For more information or a copy of these Terms and Conditions, please visit www.builders.co.za, www.makro.co.za for Makro, www.game.co.za for Game, www.builders.co.za for Builders, JUMBO Wholesale SA Facebook page for Jumbo cash and carry. Any related queries may be directed on email on info@massmart.co.za from Monday to Friday, 8:30am to 5:00pm.