VIVO COMPETITION TERMS & CONDITIONS
A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which CPES (PTY) Ltd trading as vivo SA Registration number: 019/378966/07 and/or its agencies (“Organizer”) will have towards you and other persons. This Promotion is open to those who purchase any vivo V25 5G and V25e device from a Vodacom store or online. These and Conditions also limit and exclude your rights and remedies against the Promoters and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoters may also have claims and other rights against you.
B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the “Consumer Protection Act”), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
C. Please refer to this website for the current Terms and Conditions for this competition www.vodacom.co.za. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.
SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES 2,3,4,5 AND 6
1.1 vivo is giving customers a chance to win 1 set of double tickets to the FIFA World Cup 2022 in Qatar to the value of R110 000 (One Hundred and Ten Thousand Rand) when the customer purchases the vivo V25 5G and V25e device(s). There are 3 (three) sets of tickets available to win. The 2 sets are for the Quarter Finals of the FIFA World Cup, and the 1 set is for the Finals. Winners are chosen at random and may not choose which set they win.
2. Competition Period:
2.1 The Competition will run for 10 weeks from the 7th of October 2022 [00h00] to the 7th of November 2022 [23h59] (“the Competition Period”).
3. Who may enter:
3.1 All participants must:
3.1.1 be citizens of the Republic of South Africa and/or a legal residents of the aforesaid country and be in the possession of a valid South African passport,
3.1.2 be currently residing in the Republic of South Africa at the date of the commencement of the Competition Period,
3.1.3 be a natural person and be at least 18 (eighteen) years old at the date of the commencement of the Competition Period.
3.1.4 Have purchased a vivo V25 5G and V25e device(s) from a participating store and activated the SIM card on the cellular network.
3.2 Participation in this Competition excludes the Organizer, their directors, members, partners, employees, agents, consultants, any other person who directly or indirectly controls or is controlled by them or any supplier of goods and services in connection with the Competition and their spouses, life partners, parents, children, siblings, business partners or associates.
4. How to enter the Competition:
4.1 The participant must:
4.2 purchase a vivo V25 5G and V25e device(s), from any authorized retailer or online. Retain proof of purchase. Excludes all vivo Mobile Accessories.
4.3 CPES (PTY) Ltd trading as vivo SA will draw a random IEMI number from the list of devices purchased during the competition period.
4.4 Entry to this Competition does not make any participant a winner.
4.5 The Organizer accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified,
4.6 Errors and omission may be accepted at the Organizer’s discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights.
4.7 It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.
4.8 If a participant is selected as a winner they may be required to sign a media and indemnity release form.
5. Can I enter more than once:
5.1 The Competition is limited to one entry per product (the more products purchased, the more entries received), should there be any dispute in this regard, the Organizer shall be sole adjudicator of the dispute and the Organizer’s decision shall be final.
6.1 There will be one (1) winner selected for a period of 52 days and each winner will win a set of tickets to the Quarter Final of the FIFA World Cup™ 2022 in Qatar, which includes a round-trip with flights, hotel accommodation, tournament tickets, and other services subject to the official notice of CPES (PTY) Ltd T/A vivo SA.
6.2 The Competition will be held in the form of a lucky draw with the chance of winning 1 set of tickets to the FIFA World Cup 2022 in Qatar, out of a combined prize pool of 3 sets.
6.3 The Organizer reserves the right to change the prize should they deem necessary, to a prize of similar economic value.
6.4 The Prize may differ from that shown on the promotional material.
6.5 Any and all tax implications and liabilities as a result of winning the Prize will be solely borne by the winner.
6.6 Any costs over and above items specified in clause 6.1 below, will be for the Winners account.
6.7 This is strictly a 1 set of tickets per winner to the FIFA World Cup 2022 in Qatar competition, no other prizes make up the prize pool (hereinafter referred to as the “Prizes” or “Prize” as the context may require), and may not be exchanged for a cash reward.
7.1 The lucky draw will be held by the Organizer after the 7th of November 2022. Winners shall be selected by way of a random draw.
7.2 The draw will be supervised by an independent auditor or a registered accountant, or an attorney or an advocate.
7.3 The draw results to determine the winners are final and no correspondence will be entered into.
7.4 If for any unforeseen reason the draw cannot take place on the aforesaid date, then the Organizer will endeavour to conduct the draw within a reasonable period thereafter and shall provide details of the new draw date on the CPES (PTY) Ltd T/A vivo SA social media platforms.
8. Limitation of Liability:
8.1 To the extent permitted by Consumer Protection Act and any other applicable law:
8.2 The participant and/or winner(s) hereby indemnifies the Organizer against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participant’s entrance to the Competition.
8.3 The Organizer excludes all warranties (express or implied), representations and liabilities regarding this Competition (other than for death or personal injury caused by its negligence and/or fraud).
9.1 The Organizer reserves the right, at any time, to verify the validity of entries and participants (including but not limited to a participant’s identity, age, place of residence, proof of purchase, passport validation for the winners and additional person) and to disqualify any participants who submit an entry that is not in accordance with these terms and conditions or who tampers with the entry process.
9.2 The winners will be called on the winner’s mobile number supplied by the winner when entering the Competition. The Organizer shall attempt to contact the winner for a period of 2 (two) working days after his or her name is drawn as a winner, were after the winner will forfeit the prize as set out in clause 9.3 below.
9.3 In the event that the winner is unreachable as set out in clause 9.2 above, ineligible, or fails to claim or accept delivery of the Prize, the Prize shall be forfeited to another winner based on the Terms and Conditions. CPES (PTY) Ltd T/A vivo SA shall in its own discretion determine the time period for a Prize to be claimed or for deliver to be accepted.
9.4 In accordance with the confidentiality policies and practices of the Organizer, none of the entry details of any participant in this Competition will be disclosed or used by the Organizer for any purposes other than for entry into the Competition and in accordance with clause 9.6 below.
9.5 Participants acknowledge and accept that the Organizer shall utilise a third party (the “Organizer’s authorized agent/s”) to contact the participant, in the event that the participant is a winner, and to arrange delivery of the Prize. In order to affect the contacting and delivery process, the Organizer’s shall provide the participant’s information to such third party.
9.6 Details of participants will not be used by the Organizer for CPES (PTY) Ltd T/A vivo SA related communication should the participants opt-out to receive further communication from the Organizer.
9.7 Information regarding the Competition that is published on authorized advertising material will also form part of the terms and conditions of the Competition.
9.8 The Organizer’s may in their sole discretion amend these terms and conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised terms and conditions on the Organizer’s website www.vodacom.co.za. The onus rests on the participant to constantly check the website for updates to the terms and conditions.
9.9 If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organizer, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Competition as appropriate, subject to the approval of relevant regulatory authorities (if required).
9.10 Save as permitted by Law, the Organizer reserves the right to cancel, suspend or terminate this Competition, without notice at any time, and such cancellation, termination or termination shall be deemed to have taken effect from the date of publication on the Organizer’s website www.vodacom.co.za. No liability shall lie against the Organizer in favor of any participant, winner(s) and/ or third party arising from such cancellation, suspension or termination. Therefore, the participant waives his/her right which they may have against the Organizer and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organizer.
9.11 This Competition is governed by these terms and conditions, as well as those of the relevant authorized participating stores, associated with this Competition.
9.12 Any dispute or claim arising out of or in connection with the Competition shall be governed by and construed in accordance with the laws of South Africa.
9.13 The Organizer reserve the right to withhold the Prize until it is entirely satisfied that the claimant of the Prize is the bona fide winner, and reserves the right to call for such proof as it may deem necessary.
9.14 The Organizer accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the Prize owing to, but not limited to, stock unavailability, strike, lock out, destruction of Prize on route to winner by any means, any civil commotion or disorder, riot, threat of war, any action taken by governmental authority or public authority of any kind, fire, explosion, storm, flood, earth quake or other acts of God.
9.15 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
9.15.1 It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible;
9.15.2 It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
10. Consumer Protection Act:
10.1 To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the “Consumer Protection Act”), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.