NESTLÉ 4 HEALTHIER KIDS CAMPAIGN TERMS AND CONDITIONS 2022

1.    Introduction

1.1.    Participation in this competition (hereinafter the “Competition”) is governed by these terms and conditions (hereinafter the “Rules”).

1.2.    You, as a Participant are encouraged to review the Rules before entering the Competition and acknowledge that you have been given an appropriate opportunity to do so.

1.3.    This competition is operated by Nestlé (South Africa) (Proprietary) Limited (“Nestlé”) in conjunction with Publicis (Pty) Ltd (the “Promoters”).

1.4.    Participation in the Competition constitutes acceptance of these Rules and Participant families agree to abide by these Rules.

2.    By participating in this Competition, Participants agree to the rules set out below.

This Competition is limited to legal residents and/or legal citizens of the Republic of South Africa. In addition, the following people shall not be eligible to participate in this Competition:

2.1.    Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters.

2.2.    Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.

2.3.    People who are not legal residents and/or legal citizens of the Republic of South Africa.

2.4.    Minimum age to participate in the Competition: Parents with a child over the age of 8. 

3.    The competition shall commence on 05 September and will end on 30 November 2022 (Promotional Period). No entries received after midnight 23:59 on 30 November 2022 will be considered.

4.    Mechanics
Participants are required to register to be part of our CRM program on our N4HK website (https://www.n4hk-esar.com/registration), during the Promotional Period. 

Participants may only enter the competition once over the Promotional Period, provided that participants complete the competition entry, subject to the condition that only one prize per household and per number / person will be permitted. 

4.1.    All unique entries will be entered into a random draw which will take place in the week of the 5th of December 2022.

4.2.    All entries from disqualified participants will be rejected.

4.3.    Only one prize per household and per person.

4.4.    Any technical failures that lead to any Competition entry being invalid or not received will not be the Promoters’ liability. The Promotors cannot be held responsible for technical errors.

5.    The Prize

5.1.    Participants stand a chance to win 1 of 1 Philips air fryers valued at R3 499 (three thousand four hundred and ninety-nine Rand) each,1 of 100 food garden kits and 1 of 30 N4HK Hampers.

5.2.    For the avoidance of doubt each winning participant will win 1 Philips air fryer or 1 of 30 N4HK Hampers or 1 of 100 Food Garden kits. In total 1 Philips air fryer, 100 food garden kits and 30 hampers will be up for grabs to 131 different customers.

5.3.    Hampers and food garden kits will be delivered to winning Participants upon confirmation of valid Competition entry and valid delivery address.

6.    How to claim your prize

6.1.    Lucky winners will be drawn at random in the presence of the Nestlé brand team and Nestlé legal team. 

6.2.    This draw will take place in the week of the 5 December 2022 (this date is subject to change at the discretion of the Promoters).

6.3.    At the time that a potential prize winner is identified, the potential prize winner will be contacted by a representative of the Promoters at which point he/she may be required to answer a few questions regarding his/her eligibility as well as be requested to submit certain documents and a copy of his/her ID and/valid passport or permit and/or driver’s license to the Promoters’ representative.

6.4.    The potential prize winner is not an actual winner until his/her submission is validated and his/her documents are completed and submitted to the Promoters. If a potential prize winner does not meet the eligibility requirements, the prize will be forfeited and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.

6.5.    If the Promoters are unable to reach any of the potential prize winners after 3 (three) attempts made within 3 (three) working days of their name being drawn, for whatsoever reason, including incorrect telephone numbers or inoperative telephone numbers or delayed responses to Facebook Private Messages, such winner will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.

6.6.    Eligible winners will have their prizes delivered to them, electronically, by a representative of the Promoters based on the information they will have shared via the telephone call.

7.    General

7.1.    The judges’ decision is final, and no correspondence will be entered into. 

7.2.    The Promoters may require each winner to complete and submit an information disclosure agreement to enable the Promoters to ensure compliance with these Rules. 

7.3.    Should the winner be found, in the Promoters sole discretion: not to be eligible to win; not to have complied with these Rules; their conduct can be reasonably interpreted as scamming; acted fraudulently with regards to the Competition; and if it would be unlawful to award the prize, he/she will automatically be disqualified and/or the prize will be forfeited. Winners may also be required to sign acceptance of prizes and indemnity documents.

7.4.    A Participant, potential prize winner and/or prize winner may, at the Promoters’ sole discretion, be disqualified from the Competition and/or forfeit his/her prize if: (i) such person’s participation in the Competition and/or the awarding of a prize to such participant would, as solely determined by the Promoter(s), be harmful to the goodwill and/or reputation of any of the Promoter(s); or (ii) such person engages in any unsafe, illegal, unsociable or inappropriate behaviour.

7.5.    The prizes are not transferable, and no substitution or cash redemption of prizes is permitted.   A prize will not be handed/awarded to a third party, but only to the verified prize winner.

7.6.    The Promoters reserve the right, at their sole discretion, to substitute the prize with any other prizes of comparable or greater commercial value for whatever reason.

7.7.    Prize visuals on any competition and/or promotional materials are for illustrative purposes only.

7.8.    By entering the Competition, a Participant acknowledges that personal information about the Participant will be shared with the Promoters and their agents to the extent necessary to conduct the Competition and for prizes to be delivered to prize winners.

7.9.    In terms of the data protection laws and Nestlé’s Privacy Notice, Nestlé and/or the Promoters will have to process the following personal information receive directly from you and belonging to you: name; address; email; cell phone or telephone contact details; and certain preferences about you (where and if applicable). Additionally, by entering this Competition, you authorise the Promoters to process your personal information for communication or statistical purposes. Any personal data submitted by you will be used solely in accordance with current Republic of South Africa data protection legislation and Nestlé privacy policy.  Your personal information will be shared on a need-to-know basis with certain third parties, for the purposes of giving effect to this Competition, including lawyers, advertising agencies, auditors, and/or regulators. Whilst we hold your personal information, we will keep it safe and secure until the purpose for holding it has come to an end, whereafter it will be destroyed, and you accept that by entering into this Competition that you agree that we may process your personal information as indicated above.

7.10.    For more details on how we may deal with your personal information please see our standard Privacy Notice on our website - https://www.nestle-esar.com/info/yourdata. For any questions or clarifications regarding the processing of your personal information, you may contact us by emailing dataprotection@za.nestle.com  or Dial + 27 86 009 6116. 


7.11.    Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall at all times be entitled to decline the above request. Participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise.  All publicity and other materials will be the sole property of the Promoters. 

7.12.    Nothing in these Rules 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 the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 (the “Act”). 

7.13.    All Participants participate entirely at their own risk. By reading and accepting these Rules, each Participants gives consent to these risks and hereby indemnifies and holds harmless the Promoters, 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 Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Promoters.

7.14.    The Promoters, their directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participants, or accept any liability for:  (a) any inability by the Participant to use the prize in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize. 

7.15.    The Promoters, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than the Promoters themselves.

7.16.    The Promoters reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Competition and acknowledge that they will have no recourse against the Promoters, their advertising agencies, advisors, suppliers and nominated agents.

7.17.    By entering the Competition, Participants acknowledge that the Competition will be managed in accordance with the provisions of the CPA. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize. 

7.18.    Notwithstanding anything to the contrary contained in these Rules, the Promoters reserve the right to amend, modify, change, postpone suspend or cancel this Competition, the Rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which the Promoters deem necessary. At the end of the Competition for whatsoever reason, all of the Promoters’ obligations in regard to the Competition as well as in regard to the prizes shall cease to exist.

7.19.    These Rules shall be governed by and interpreted according to the laws of the Republic of South Africa and any Participant and Nestlé consent to the non-exclusive jurisdiction of the High Court of South Africa.

7.20.    For further information or enquiries please email our consumer services at consumer.services@za.nestle.com or call us on +27 86 009 6116/+27 11 514 6116.

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