COLORCAFE COMPETITION Ts & Cs
- The Promoter is ColorCafe Zambia. The Competition is the Birthday competition (the “Competition”).
- By participating in the Competition, entrants (each a “Participant”) agree to be bound by these terms and conditions without exception. Participation by a Participant constitutes acceptance of these rules.
- By participating in the Competition, a Participant warrants and acknowledges that all information submitted by him/her is true, current and complete. The Promoter reserves the right to verify the eligibility of all Participants.
The statements made in the paragraphs above contain acknowledgments of facts by the Participant. The Participant must read the statements made in the paragraphs above carefully and ensure that they are correct, as he/she will not be able to deny the truth of the statements. The Promoter and/or other persons may also have claims and other rights against the Participant as a result of the statements made above.
- These rules may be amended by notification at any time during the Competition, and will be interpreted by the Promoter only. The Promoter reserves the right to terminate this Competition immediately and without notice if circumstances beyond its reasonable control prevent the Promoter from continuing to conduct the Competition. In the event of such termination, as far as the law allows, all Participants acknowledge that they will have no recourse against the Promoter in respect thereof.
- These terms and conditions shall be governed by the laws of Zambia. The Participant consents to the non-exclusive jurisdiction of the High Court of Zambia, in respect of all matters arising out of or in connection with the Competition or these rules.
- If any provision of these rules is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these rules and shall not affect the validity or enforceability of any remaining provisions.
- It is not intended that any provision of these rules contravenes any provision of the Consumer Protection laws of Zambia, and therefore all provisions of these rules must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection laws are complied with.
- The Promoter shall not be responsible for a Participant’s failure to access the competition for any reason whatsoever including, by way of example only, as a consequence of communications or network failures.
- The Competition begins on the 8th November 2018 and ends on the 30th November 2017 and is running on Facebook. Winners will be announced on the facebook channels by the Promoter by no later than the 15th December 2017.
ENTERING THE COMPETITION
- To enter the competition, the mechanism is to like and share the ColorCafe Facebook page.
- This competition is valid only in Zambia. A Participant is entitled to enter into this competition if he/she is a natural person, over the age of 18 years, and resident in Zambia. The competition is not open to the directors, members, partners, employees, agents or consultants of the Promoter, any person who directly or indirectly controls or is controlled by the Promoter, their agencies, sales agents/merchandisers, packaging suppliers and their immediate families.
- The Promoter is not liable for the failure of any technical element relating to this promotional Competition that may result in an entry not being successfully submitted.
- The judge’s decision is final and no correspondence will be entered into.
THE WINNERS & PRIZES
- One winner will be selected to win the Prize, by lot or chance, by means of a random draw of entries. The first entries drawn will receive the Prize as indicated.
- Competition Prizes: The winner will receive the following prizes (the “Prize”):
- A meal out for a total of 6 people to the value of 4000 Zambian Kwacha (ZMW)
- The winner agrees and acknowledges that:
- the Promoter will own the content of all photographs and/or video footage resulting from events; and,
- the Promoter may decide to use such photographs and/or video footage in any future publicity or promotional material for the Promoter, or as otherwise decided by the Promoter in its sole discretion. The winner hereby irrevocably agrees and consents to allow the Promoter to use his/her image, video footage and likeness, including the right to make changes, alterations, adaptations, distribute, exhibit, transmit, reproduce and otherwise exploit same by any and all means, media, medium and technology. There is, however, no obligation on the Promoter to make use of the rights herein contained and no liability shall arise in the event of the non-use thereof.
- The winner will be notified via Facebook and subsequently telephonically. In the event of such person being unavailable to make contact or claim the Prize within 48 hours, the next entry drawn will receive the Prize, and so on.
- The Promoter will also be required to advise the winner where, how and when such person may receive his or her Prize. The winner of the Prize is responsible for their transportation to the venue and should be available to attend on the specified date and time to redeem the Prize.
- The Prize is limited to the respective winner only.
- The winner must be over the age of 18 years, a Zambian resident and in possession of valid identification documents, which he or she will need to provide as certified proof of identification.
- As far as the law allows, all warranties and representations in relation to the Prizes not set out in these Terms and Conditions (whether express, implied or tacit) are hereby excluded.
- The Prizes cannot be transferred or exchanged for their cash value. No substitution, cash redemption, or assignment of Prize is permitted, but the Promoter of the competition reserves the right to substitute the Prize with one of comparable value for any reason. Prizes will under no circumstances be handed over to a third party and will only be handed or transferred directly to the verified Prize winner.
- The announcement of a winner does not constitute a ruling by the Promoter that the winner has complied with the rules above. The Promoter may disqualify the entrant after the announcement should any rule transgressions be discovered. The Promoter reserves the right to select an alternative winner in the event that it reasonably believes, in its sole discretion that the selected winner has contravened any of these terms and conditions or is suspected of any irregularities or fraudulent activities. The Promoter’s decision shall be final and no correspondence will be entered into.
- The Promoter reserves the right to require the winner to complete and submit an information disclosure agreement and indemnification to enable the Promoter to ensure compliance with these rules. Should the winner be found not compliant with these rules, he/she shall be automatically disqualified.
- The winner accepts the prize at his/her own risk and the Promoter will not be liable for any costs incurred by the winner in claiming his/her Prize.
- The winner may be required to sign a waiver of liability and indemnity before claiming the Prize.
- The Prize is not transferrable for cash.
- No late entries will be accepted.
- As far as the law allows, neither the Promoter, nor its agents, distributors, directors, officers, or employees will be liable for any loss or damage, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever which may be suffered as a result of entering the competition, the provision of the prizes, or any act or omission of any other person. This clause 30 does not purport to limit or exempt the Promoter for any loss directly or indirectly attributable to its gross negligence or that of any person acting for or controlled by it.
- All Participants and Winners indemnify ColorCafe Zambia, its associated companies (directors, officers and employees) and agents, against any / all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever connected to or arising from their participation in any way in this Competition.
- The paragraphs above limits and excludes obligations, liabilities and legal responsibilities which the Promoter may have towards the Participant and also limits and excludes the Participant’s rights and remedies against the Promoter and other persons.
- By entering the competition, you authorise the Promoter to collect, store and use (not share) your personal information for communication or statistical purposes. You are entitled to decline any marketing communication.
- The Winner or participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Winners or participants shall at times be entitled to decline the above request. Winners or 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 Promoter. Winners of the Competition shall at all times be entitled to decline the above request.
- Any violation or attempt to violate any of the above rules will result in the immediate disqualification of the transgressor.
- The Competition is in no way sponsored, endorsed or administered by, or associated with facebook. By entering, you completely release facebook of all liability in connection with this Competition.
- If you require any help or have any enquiries, or if you wish to access a copy of these Terms and Conditions, please contact the customer helpline on +27 11 8094091, standard rates apply. The customer helpline will operate during normal business hours 9am – 5pm, from Monday to Friday, excluding Public Holidays.