July 25, 2024 Carl Erler

JIVE “HEART FM RADIO” PROMOTIONAL COMPETITION

TERMS AND CONDITIONS

          1. This promotional competition (“Competition”) is run by Heart FM Radio on behalf of Little Green Beverages (Pty) Limited trading as The Beverage Company and JIVE (“ the Promoters”).
          2. This competition commences on 31st October 2022 and ends at midnight on 02nd December 2022. (“Competition Period”). Late and or incomplete entries will not be accepted. Under no circumstances shall the Promoters, its associated companies (directors, officers, and employees), affiliates and agents take responsibility for entries that are lost, delayed, or damaged in transmission. The entries reflected on the Promoter’s records will be treated as the only validation source and will be the only evidence of successful entries.
          3. This JIVE “HEART FM RADIO” competition is open to all citizens and legal residents of the Republic of South Africa of 18 years and older (“Participants”), (who are in possession of a valid South African identity document) excluding the shareholders, directors, employees, partners, agents, and consultants of The Beverage Company or Heart FM (“the Promoters”), or any other person who directly OR indirectly controls, or is controlled by, the Promoters, OR a supplier of goods or services in connection with this competition, their advertising agencies, and their respective employees, life partners, business partners, and immediate families, (“Disqualified Persons”).
          4. By entering the Competition, all entrants (“Participants”) agree to be bound by these Competition rules, terms and conditions (“T’s & C’s”).
          5. To enter this competition, Participants will need to follow the steps below:
            • Send a voice note via WhatsApp to 082 222 1049 with your name and keyword JiVE nominating a person in your life who is like family and telling us why they should win the prize.
            • Send a voice note via the Heart FM App using the JiVE hashtag nominating a person in your life who is like family and telling us why they should win the prize.
          6. With each entry, Participants stand a chance to win:
            • Weekly Prize : 31 Oct -25 Nov 2022 – 1 of 4 Afternoon Safari‘s for 4 (four) adults which includes:
              • Transfer from JiVE HO to Aquila Game Reserve
              • Welcome drinks
              • Buffet Breakfast
              • Game Drive
              • Buffet Lunch
              • Transfer to JiVE HO
            • Main Prize: 28 Nov -2nd Dec 2022 – 1 x An overnight Safari for 4 (Four) adults which includes:
              • Transfer from JiVE HO to Aquila Game Reserve
              • Welcome drinks
              • Buffet Breakfast
              • Game Drive
              • Buffet Lunch
              • Transfer to JiVE HO
            • All extras including but not limited to beverages, horse riding or quad bike safari, additional activities and tips are excluded and for the Winners own account and must be settled prior to departure.
            • With each entry, Participants stand a chance to win:
              • 4 x JiVE Picnic Hampers valued at R600.00 each
          1. There will be 9 (nine) Winners in total.
          2. All prizes to be redeemed on Saturday, 14 January 2023.
          3. Winners of all prizes will be the first correct entries selected by Heart fm’s producers, based on the relevance of the Voice Note received. The nominated person will receive 1 (one) of the main prizes above (i & ii).
          4. The nominator will receive 1 of 4 JiVE picnic hampers.
          5. Winners will be announced live on-air every Friday of that week.
          6. The Promoter will try to contact the winner for a successive period of 7 (seven) days following the announcement. In the event the winner cannot be contacted and or does not respond to messages within the specified period and or chooses to decline the prize, then the winner will forfeit their winnings and a new winner will be selected.
          7. All winners will be required by the Promoters, to participate in an audit verification process and provide a copy of their Identity Document. Once the required audit verification has been completed, confirmed, and verified, the winner will be declared as an official Winner.
          8. Winners will be contacted directly to complete and return the prize acceptance form from the Promoter, thereafter the Winner will receive their itinerary and complimentary Safari Voucher.
          9. Winners of the additional Prizes shall provide the Promoters with a delivery postal address. In cases where the Winner supplied the incorrect postal address , or where the Prize is stolen as a result thereof, the Promoter will not replace or reimburse the Winner with another Prize.
          10. The competition Prize will be delivered via courier to the verified winner within 6 (six) weeks of notification as per the Consumer Protection Act, where applicable.
          11. All prizes are strictly non- negotiable, non- transferable or exchangeable and may not be redeemed for cash.
          12. The Promoters reserves the right to substitute the prize with any other prize of comparable commercial value at any time and for any reason in their sole discretion. The prizes may be subject to additional terms and conditions not mentioned hereunder, but in accordance with relevant South African legislation.
          13. The names of the winners will be announced on on-air, on Heart FM social media platforms and on JiVE social media platforms where applicable. By entry into this Competition, Participants grant the Promoters consent to publish their names on their relevant platforms.
          14. Promoters will not be responsible for any other expenses whatsoever which the winner may incur because of the Prizes, whether foreseen or not.
          15. The Promoter may make media announcements/publications of the winner’s name/photographs of the Winner. Winners may be invited to take part in publicity but will be afforded the opportunity to decline such invitation. Winners will not be entitled to any payment or remuneration for any such publicity. All publicity materials shall remain the sole property of the Promoters.
          16. Participants can monitor the progress of the Competition on the JiVE and Heart FM social media pages.
          17. The Promoters reserve the right to terminate, temporarily suspend or amend this competition in the event of any unforeseen circumstances outside its reasonable control or other technical and/or other difficulties that might compromise its integrity.
          18. Any participant who transgresses any of these terms and conditions or disparages the promotion or promotional brand/s in any way or who acts in any way contrary to the spirit of this Competition may be banned from entry into this, or into any other of the Promoter’s promotional competitions. The Promoters reserve the right (subject to applicable law) to disqualify or ban any individual who tampers with or attempts to subvert or interfere with the Competition or entry process or prize retrieval process.
          19. Unlawful, fraudulent, or otherwise dishonest conduct or any conduct in breach of these Rules by a Participant and/or their parents/guardians, determined in the Promoter’s sole discretion, may result in disqualification from the Promotional Competition and ineligibility to win any Prize.
          20. In the event of a dispute, the decision of the Promoters will be final, and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoters shall be entitled to deal with such disputes (or any failure by Participants to follow the rules) in their sole discretion, including that the Promoters shall be entitled to immediately disqualify Participants from this Promotional Competition.
          21. Under no circumstances shall the Promoters, its associated companies (directors, officers, and employees), affiliates and agents, be liable to anyone who enters this promotion for any direct or indirect or consequential loss, howsoever arising which may be suffered as a result of the recklessness of negligence of the entrant or where such loss is not due to the recklessness or negligence of the Promoters or where such loss or harm could not reasonably have been foreseen.
          22. Should any claims arise from defects related to the prizes, winners must pursue such claims directly with the manufacturer thereof. For avoidance of doubt, the Promoters is not liable for any defect in the Prizes. All ancillary costs, including but not limited to transport, meals, personal and incidental expenses, insurance, government taxes or other fees applicable, are the responsibility of the winners, and/or entrants.
          23. Participants in this competition hereby indemnify, release, and hold harmless the Promoters and their successors, employees, officers, suppliers, contractors, agents, consultants, directors, and shareholders from and against any losses, claims, proceedings, actions, damages, liability for harm, injury, or death, demands, expenses or any costs howsoever arising out of their participation in this competition or their use of the prizes, and/or any person with whom they share that prize.
          24. In cases where prize of money (cash) is paid into the incorrect bank account or such monies or part thereof are stolen, the Promoters will not replace or reimburse the remaining balance of the cash. The Promoters will not be responsible for any balance of cash lost as a result of theft or fraud. The Promoters will not be responsible for any unauthorised use of cash where the card number, PIN, bank account details, or any authorising credentials have become known to another party.
          25. The Promoters reserves the right to cancel or amend or alter the Competition and its rules or prizes (not already awarded, to any other substitute prize of comparable commercial value) at their own discretion at any time if deemed necessary in their opinion and/or if circumstances arise outside of their control, without prior notice and no entrant shall have recourse for such cancellation or alteration. Any changes will be posted either within the competition information or these terms and conditions shall become effective immediately after being altered or on such date as may be determined by the Promoters. No participant shall have any recourse against the Promoters as a result of the alterations of the rules or prizes.
          26. All Participants and winners to the maximum extent permitted by law, indemnify the Promoters, its associated companies (directors, officers, and employees), affiliates and agents, against any/all claims for any loss or damages, whether direct, indirect, consequential, or otherwise, harm, injury of any nature whatsoever arising from any cause whatsoever from their participation in any way whatsoever in this Competition.
          27. The laws of South Africa govern these terms and conditions and participants agree to be subject to the exclusive jurisdiction of the South African court.
          28. By entry into this Competition, Participants grant the Promoters express consent to process their personal information as required in respect of this competition including to publish their names on their relevant social media platforms.
          29. All entrants and participants are advised that in compliance with the laws of the country, the Promoters is required to retain certain information (where applicable) of participants, entrants, and winners for a period of time (“Personal Information”). Such Personal Information to be retained by the Promoters includes (but is not limited to) the full names, identity numbers, addresses, contact details and winner’s acknowledgment of prize receipts. Accordingly, the Promoters will require the winners to provide written confirmation of permission to enable the Promoters to ensure compliance with these rules, as well as with the Protection of Personal Information Act 2013 (Act No 4 of 2013); (“POPI”) and South African Consumer Protection Act 68 of 2008 (“Consumer Act”). Should any entrant, participant and/or winner refuse or be unable to comply with this rule for any reason, such entrant, participant and/or winner will be deemed to have rejected the Prize(s) and it shall revert back to the Promoters.
          30. In terms of the provisions of POPI, any personal data relating to the Winner, or any other Participants will be used solely in accordance with the Act (defined above) and POPI for the envisaged purpose and will not be disclosed to a third party without the Participant’s prior consent.
          31. The Participants consent, by taking part in the Promotional Competition to the Promoters using the personal information collected through the Promotional Competition to adjudicate the Promotional Competition and for future marketing purposes by the Promoters. This Promotional Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. The Participant by, partaking in the Promotional Competition consents to his/her personal information to be shared with the Promoters employees, contractors or agents for the purpose of this Promotional Competition and for the purpose of sharing future promotional competitions.
          32. In the case of queries regarding this Competition, Participants can contact the Promoters directly by emailing jiveinfo@thebevco.co.z a or Heart FM.
          33. A copy of these Competition rules may be viewed from jive.co.za or www.heartfm.co.za/
          34. The above applies to competitions run through Promoters social media platforms.
            • Individuals are only eligible to win if they have followed the applicable entry mechanic as stated by the brand.
            • Winners will be contacted directly via their WhatsApp /SMS number or Social Media account (whichever is applicable) to get their contact and /or delivery information.