Definitions and Interpretation/Glossary of Terms:-
means these terms of usage, and includes any and all annexures, schedules and appendices to these terms of usage. For the sake of further clarity it includes the Promotional Terms and Conditions;
Consumer Protection Act, 2008 (as amended from time to time);
means any person who enters into or partakes in the Promotion;
means the (brand) promotion conducted by Pernod as detailed in these Promotion Terms and Conditions;
shall mean such sellers of the Qualifying Products and which outlet displays such promotional advertising of (OLMECA TEQUILA) recording it is a Participating Outlet;
means the act of any Entrant who complies with the eligibility criteria set out in this Agreement for participation in the Promotion;
Pernod Ricard South Africa Pty Ltd, registration number: 1994/004226/07, a limited liability company duly incorporated in terms of the Laws of the Republic of South Africa. Even furthermore and for the purposes of this Agreement includes all entities within the Pernod Ricard Group;
“Pernod Ricard Group”
means any and all holding companies and subsidiaries of Pernod and associated entities;
means the (product) promotion conducted by Pernod as detailed in the Promotion Terms and Conditions;
referred to in the document as such and are the main companies who are working together to ensure this competition is a success, these include Pernod and (SPAR to advise)
means the prize awarded to the Winner as set out and detailed in the Promotional Terms and Conditions;
means the Entrant purchasing 1 (one) bottle (comprising of 750 milliliters each) of any (OLMECA TEQUILA) product from any Participating (off premise) Outlet;
shall mean such Entrant who has successfully been awarded the Prize in terms of the Promotion.
General Terms and Conditions
- This Promotion is operated by the Promoter.
- The Promoter reserves the right, in its sole discretion and to the extent permitted by law, to amend the Promotion Terms and Conditions at any time. The Promoter may notify the Entrant of any significant changes, however there is no obligation on the Promoter to do so and it remains the Entrant’s responsibility to check these Promotion Terms and Conditions regularly.
- The Promoter shall have the right to terminate the Promotion immediately and without notice for any reason, beyond its control, requiring such termination, including but not limited to any act of God, compromise of the Promotion or the Website and such similar acts beyond the control of the Promoter. In the event of such termination, we do hereby record that any accrued right the Entrant has become vested in the Entrant shall continue to remain vested, however and in the event that no right or entitlement has become vested, the Entrant agrees to the waiver of such right or entitlement and acknowledge that the Entrant will have no recourse against the Promoter, its agents and/or staff.
- Participation in the Promotion constitutes acceptance of the Promotion Terms and Conditions and Entrants agree to abide by the Promotion Terms and Conditions.
- These Promotion Terms and Conditions constitute the agreement between the Promoter and the Entrant.
- By entering the Promotion, the Entrant confirms that he has read, understood and agrees to be bound by these Promotion Terms and Conditions, as they may be amended from time to time.
- The Promotion is open to all South African Residents above the age of 18 (eighteen) who are in possession of a valid identity document (confirming residency) and valid passport at the time of entering the competition. Directors, members, partners, employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by the Promoter or marketing service providers in respect of the promotional competition, or the spouses, life partners, business partners or immediate family members cannot enter the Promotion. Juristic persons, or any entity other than a natural person, shall not be eligible for entry into the Promotion.
- In addition to the above and in order to be eligible for the Prize, the Winner shall be required to have a valid issued South African or other valid Passport, fully compliant, entitling the Winner to travel to Mexico in order to accept the benefit under the Prize.
- The Winner will be required to make his/her own arrangement for the necessary and applicable Visa applications. The Promoter undertakes to contribute the reasonable costs of the applicable Winner’s Visa application for the prize. The Promoter further undertakes that should the requisite Visa application for the Winner be unsuccessful he/she will not be required to reimburse the Promoter for such costs incurred, however the Winner shall forfeit the Prize and the Promoter shall select a new Winner.
- The Winner will be required to have their own travel insurance cover which must cover them for the duration of the time they are travelling
- This Promotion is open from 00h01 on 1 February 2017 and shall terminate at 23h59 on 31 March 2017. Any entries received after the date on which the Promotion terminates shall not be valid and will not be considered by the Promoter.
- The Winner of the Prize shall be determined by random draw within 14 days, after the termination of the Promotion, which random draw shall be overseen and certified by an appointed independent accountant, registered auditor, attorney or that such random draw was conducted in a fair manner and who shall report the same through the Promoter's internal audit reporting or other appropriate validation or verification procedures. The winner will be announced on the website after the 14 April 2017, once verified and approved.
- By entering the Promotion the Entrant agrees to receive communications from the Promoter and their affiliates and shall be afforded the opportunity of unsubscribing from receiving such communications from the Promoter or its affiliates.
- To the extent allowed by law, these Promotion Terms and Conditions and the Agreement set out the whole of the agreement between the Entrant and the Promoter in regard to the subject matter hereof and there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which the Entrant shall rely on in concluding this Agreement and the Promoter shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. This clause constitutes an acknowledgment of fact by the Entrant. The Entrant must ensure that he has read the above clause carefully and ensure that this statement is true and correct as this will limit the Entrant’s rights to claim that these statements are not true and correct.
- To the extent allowed by law, no extension of time or indulgence which the Promoter may grant the Entrant shall constitute a waiver of any of the Promoter's rights, who shall not thereby be precluded from exercising any rights against the Entrant which may have arisen in the past or which might arise in the future. This clause limits and excludes obligations, liabilities and legal responsibilities which the Promoter will have towards the Entrant and also limits and excludes the Entrant’s rights and remedies and places various risks, liabilities, obligations and legal responsibilities on the Entrant.
- All Entrants are required to adhere to any South African Tax Laws which could be linked to the Prize. It is the Entrant’s responsibility, as a Entrant, to adhere and do the necessary submission as and when applicable.
Warranties and Liabilities
- To the extent allowed by law, the Entrant agrees that the Promoter shall not be liable to him or any other person or entity whatsoever in respect of any loss or damage:
- caused by or arising from any fact or circumstance beyond the reasonable control of the Promoter;
- which is consequential or incidental loss or damage;
- of whatever nature and howsoever arising from or in connection with the Entrant’s Participation and/or acceptance of the Prize;
- arising from any disclosure or use of any information the Entrant provides to the Promoter, whether such disclosure is in accordance with the provisions of these Promotion Terms and Conditions or otherwise; and/or
- arising from a breach of any security system which may be implemented by the Promoter and/or any service provider to the Promoter.
- To the extent allowed by law, the Entrant hereby indemnifies and holds the Promoter free from liability for loss or damage of whatever nature and howsoever arising from the Entrant’s Participation and/or the Entrant’s failure to comply with any provision and/or obligation under these Promotion Terms and Conditions. This clause constitutes an assumption of risk and/or liability by the Entrant under which the Entrant indemnifies the Promoter against certain liabilities and which may result in the Entrant being liable for additional costs and liabilities.
- Entrants will be required to provide certain personal information (where applicable), including (but not limited to), their name, surname, identity number, passport number physical address, postal address, email address and cell phone number.
- This clause applies to all personal information collected or submitted to the Promoter as set out above as well as any other personal information provided by the Entrant to the Promoter at any time.
- Subject to clause 4 hereunder, the Promoter will use the Entrant’s personal information for all purposes relating to these Promotion Terms and Conditions and/or in order for the Promoter to provide the Prize including, but not limited to, the arranging and booking of the Prize and for purposes generally relating to participation and the Prize.
- Subject to clause 4 and 6, the Promoter will not share any of the Entrant’s personal information with any third party except where such disclosure is necessary to enable the Promoter to provide, deliver or in any other way give effect to these Promotion Terms and Conditions and/or the Prize, where such disclosure is required by law or where the Entrant consents to the Promoter sharing his personal information.
- The Entrant hereby agrees to the Promoter disclosing and sharing the Entrant’s personal information with entities within the Pernod Ricard Group, including their affiliates.
- To the extent that the Promoter shares the Entrant's personal information with third parties in accordance with this Agreement, the Promoter will require, to the extent possible, that such parties conform to the Promoter's privacy standards.
- Subject to the above, the Entrant hereby expressly agrees that the Promoter may:
- collect, receive, record, organize, collate, store, update, modify, retrieve, alter, consult, use, disseminate or obtain any of the personal information set out above;
- use the Entrant’s personal information for the purposes set out above;
- transfer the Entrant’s personal information to third parties in a foreign country where this is required for the facilitation of any transfers of information or where this is required in order to give effect to the Prize.
- The Entrant may request that the Promoter correct his personal information, should it come to the Entrant’s attention that the Promoter's records are incorrect. Should the Entrant wish to access his personal information or rectify it, the Entrant is to contact the Promoter and assitance shall be provided to this effect.
- The Promoter shall protect the Entrant’s personal information as required by law. However, to the extent allowed by law, the Promoter shall not be liable to the Entrant or any other person or entity whatsoever, in respect of the unauthorised disclosure of the Entrant’s personal information.
- Nothing in these Promotion Terms and Conditions shall:
- except to the extent that the law allows it, limit or exempt the Promoter from liability for any loss directly or indirectly attributable to the gross negligence of the Promoter or any person acting for or controlled by the Promoter;
- requires the Entrant to assume risk or liability for this kind of loss to the extent that the law does not allow this.
- If these Promotion Terms and Conditions and/or any goods and/or services provided under these Promotion Terms and Conditions are regulated by the CPA, it is not intended that any provision of these Promotion Terms and Conditions contravenes any provision of the CPA and therefore all provisions of these Promotion Terms and Conditions must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.
- To enter into the Promotion, the Entrant will be required to purchase a 750ml Olmeca Tequila product being the Qualifying Product relating to this Promotion from any Retailer Participating Outlet.
- Upon purchasing any Qualifying Product, the Entrant must SMS the KEY WORD OLMECA TEQUILA to 45953 and will then be automatically entered into the competition for 1 x Trip for you & a mate to the Home of Olmeca Tequila. The Entrant must retain a copy of the till slip as proof of purchase.
- The Entrant shall be entitled to as many entries into the Promotion on any particular day as is supported by a corresponding purchase, which day shall be determined from 00h01 on1 February 2017 on any particular day until 23h59 on 31 March 2017. Any purchase of a Qualifying Product outside of the aforementioned time period shall not be eligible for entry into the Promotion and the Promoter shall not take cognizance of such entries.
- The Promoter will notify the Winner within 14 (fourteen) days from the random draw. Should the Promoter be unsuccessful in establishing communication with the Entrant on 3 (three) or more successive occasions, the Promoter reserves the right to conduct the draw a further time until communication with a Winner is established and the Prize can be awarded.
- On condition the Entrant complies with the Promotion Terms and Conditions and except in so far as is provided for in the CPA, the Promoter’s decision is final and no correspondence will be entered into.
- Entrants and/or the Winner will not be entitled to claim any royalties or any intellectual property rights from the Promoter.
- Entrants may be required to identify themselves with South African valid identity document and sign a Prize receipt form received and/or provide an address or other information to facilitate the Prize (or aspects of the Prize) being delivered to them. Failure to claim the Prize or a refusal or inability to comply herewith will disqualify the Winner and a new Winner will be drawn in their place at the sole discretion of the Promoter.
- The Promoter may refuse to award a Prize to a Winner if there is suspicion of any irregularities or fraudulent activities; alternatively terminate the entire Promotion.
- The Promoter reserves the right to request, which the Entrants have the right to decline, that images taken of the Entrants be used for publicity purposes in any manner they deem fit, without any further remuneration being made payable to the Winner.
- There are (details of prize):
- 1 (one) prize of an overseas trip for 2 (two) adults to Guadalajara, Mexico;
- Accommodation for 2 (two) for 4 (four) nights’ accommodation in a 4 (four) star hotel, based on one room for 2 (two) people sharing;
- Return economy flights from any South African International airport (closest to the Winner) to Guadalajara, Mexico;
- Airport transfer fees to and from the airports in Mexico;
- Breakfast, lunch and dinner meals and selected Pernod drinks;
- Reasonable visa cost for entry into Mexico.
- Return airport transfer fees to the closest International South African airport to the Winner.
- The Winner and travel partner must be in possession of a valid passport for at least six months after the date of return to South Africa and have no less than two full blank pages available in the passport. The winner and travel partner must be permitted to travel to the specified destination by the relevant authorities. The winner shall forfeit the prize in the event that for any reason whatsoever, the winner is prevented or unable to travel to the specified destination and within the specified timeframe.
- The prize will take place from 5 June 2017- 8 June 2017 in Mexico, and this excludes travel days to and from Mexico.
- Items not specified above shall not be included in the Prize and the Winner shall be responsible for any such costs incidental to the Prize.
- The Prize is non-transferable and cannot be redeemed for cash or other benefit other than the intended benefit so determined by the Promoter and awarded by the Promoter.
- The Prize cannot be used in conjunction with any other promotional offers offered by the Promoter or any other third party’s promotion.
- If required, the Promoter reserves the right to substitute the Prize with another prize of the same or similar value.
- The Entrants acknowledge that any sporting/extreme activity carries a higher risk of death or injury and indemnifies the Promoter in full.