- This bsmart mobile App Competition ("Competition") is conducted by the promoter, Cape Consumers Proprietary Limited (Registration number 1955/003218/07) ("bsmart").
- bsmart owns and manages the website at www.bsmart.co.za and runs competitions from this website and its social pages.
- Please note that entry is through a Facebook comment on the competition post. Although the promoter will take all reasonable steps, the promoter will not be liable for any technical problems or any lost, delayed or incorrectly received entries.
- The Competition will run from 16 September 2019 to 30 September 2019. No late entries will be accepted, and it is your responsibility to ensure that your entry reaches us before the closing date of the competition specified in this clause.
- The Competition is open to all bsmart members who comments their opinion on the competition post found on the bsmart Facebook member group.
- To enter the Competition, bsmart members must comment on the bsmart members facebook post what features and functionalities they want to see on the bsmart mobile App in order tostand a chance of winning 1 (one) of 10 (ten) R100 Edgars vouchers! By commenting on the competition post found on the bsmart Facebook member group you are making 1 (one) entry into the Competition, thereby becoming a "Participant" in the Competition. Only entries related to the question of the competition will be accepted, bsmart reserves the right to remove any other comments not related to the competition.
- By entering the Competition the Participant agrees to be bound by these terms and conditions ("Terms") in their entirety. These rules, should they require interpretation, will be interpreted by the Promoter in its sole and absolute discretion, but in accordance with applicable law.
- You may obtain a copy of the competition rules from the website at https://www.bsmart.co.za/terms-and-conditions.
- You are not eligible to participate in this competition if:
9.1. you are a director, member, partner, employee, agent or consultant of bsmart or Edgars, its affiliates/divisions/subsidiaries or any other person who supplies goods or services in connection with the Competition; or
9.2. you are a spouse, life partner, parent, child or sibling, immediate family member, business partner or associate of the persons specified in the above-mentioned clause 9.1.
- Prizes will not be redeemable for cash and are non-transferable and acceptance thereof cannot be deferred.
- bsmart mobile App competition winners will be selected from the valid Participants' entries after 30 September 2019 ("Winner(s)") by an independent third party. The winners will receive 1 (one) of 10 (ten) R100 vouchers from Edgars as allocated by bsmart ("Prize").
- Winners will be notified and contacted via email and/or telephone. Alternative Winners will be selected if the initial Winner(s) cannot be reached after 3 (three) contact attempts which will be carried out over a period of 5 (five) working days. If the Prize has not been claimed within 14 (fourteen) days of announcing the Winners, or if sufficient identity verification is not provided, bsmart reserves the right to withdraw the Prize from the winner and pick a replacement Winner.
- Winners will be required to share the following details in order to claim their Prize: full name, telephone number, copy of identity document or passport and delivery address.
- All Participants agree that their name/s and/or photograph/s may be used in any promotional and/or advertising for the purposes of marketing, which permission may be revoked at any time.
- Winners may be required to provide such additional information that bsmart may reasonably require in order to process and facilitate their acceptance and/or use of a prize.
- No correspondence will be entered into in regard to the choice of the Winners.
- bsmart and its delivery agent accepts no responsibility or liability for any loss or damage suffered with regards to the delivery of the Prize and will not be responsible or liable for any further expenses or fees incurred for purposes of using, applying or enjoying the Prize won in this Competition.
- bsmart does not make any representations or give any warranties, whether expressly or implicitly, as to the Prize and makes no representations and gives no warranty that any Participant's entry will necessarily result in that Participant winning a Prize or that such Prize, should you win, will be satisfactory, punctual, free from any defects, safe or reliable.
- Ownership and risk relating to the Prize passes to the Winner on delivery/collection thereof.
- bsmart will not be held liable to replace or repair defective Prizes.
- The Winners will be announced on bsmart social media platforms and in the bsmart monthly newsletter. Winners hereby consent to bsmart publishing your name for such purposes.
- bsmart reserves the right to vary, suspend, postpone or terminate the Competition and any Prizes, or any aspect thereof, for any reasons whatsoever and without notice. In such event, Participants hereby waive any rights or expectations which they may have against bsmart and all relevant partners of bsmart and acknowledge that you will not have any recourse or claim of any nature against bsmart as a result of its decision in terms of this clause 24.
- bsmart reserves the right to disqualify any Participant suspected of fraud or cheating including without limitation, through the manipulation of code or otherwise frequently falsifying data.
- The right of admission into the competition rests solely with bsmart.
- Participants and Winners absolve bsmart, its affiliates, its advertising agencies, advisers, suppliers, nominated agents and dealers and Edgards from liability from any and all claims howsoever arising, including from wilful misconduct or negligent acts or omissions on the part of any such party.
- By participating in this Competition, you consent to:
27.1. the processing of your personal information (as defined in the Protection of Personal Information Act 4 of 2013 ("POPIA")) by bsmart, any of their operators, agents and sub-contractors (who may be outside South Africa) for statistical, marketing and other purposes, on the condition that they will keep such information confidential and only process such information as allowed in terms of POPIA;
27.2. the collection of your personal information from any other source to supplement the personal information which bsmart has about you;
27.3. the retention by bsmart of your personal information for as long as permitted for legal, regulatory, fraud prevention and/or marketing purposes; and
27.4. bsmart using your personal information to send you marketing information about products, services, and special offers of the various companies in the bsmart group that may be of interest or value to you.
- This Competition is sponsored by bsmart and is not associated with Facebook or other bsmart social media channels.
- These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa. 2013 ("POPIA")) by bsmart, any of their operators, agents and sub-contractors (who may be outside South Africa) for statistical, marketing and other purposes, on the condition that they will keep such information confidential and only process such information as allowed in terms of POPIA;
- PLEASE NOTE THAT BY ENTERING INTO THE COMPETITION YOU MAY STAND A CHANCE TO WIN A PRIZE AND THERE ARE NO GUARANTEES.
31. The promoter disclaims liability however arising and you hereby indemnify and hold harmless the promoter, its holding companies and/or its subsidiaries (including their directors, employees, members, independent contractors, agents, consultants, sub-contractors and other representatives) from any and all loss/damages that may be sustained directly/indirectly arising out of/pursuant to this competition or resulting from the acceptance of and/or possession of and/or use of the prize/s on offer, including but not limited to loss/damages arising out of/pursuant to personal injury, death, property damage and claims based on publicity rights, defamation and/or privacy rights.