General competition guidelines

Definitions

1. “Competition” means any competition promoted by the Promoter from time to time;
2. “Personal Information” has the meaning given to it in POPI;
3. “POPI” means the Protection of Personal Information Act, 2013;
4. “Promoter” means SA Home Loans (Pty) Ltd;  
5. “Rules” means these general terms and conditions;  
6. “You”, “Your” means the person who has accepted the nomination to participate in the Competition.

Introduction

1. These are standard terms and conditions for competitions conducted or promoted by or in association with the Promoter. Competition specific rules may apply in addition to these standard terms and conditions to supplement these standard terms and conditions. In the event of a conflict between these standard terms and conditions and any competition specific rules, the competition specific rules will apply.
2. Your entry into the competition and/or your acceptance of a prize (in the event that you win a prize) constitutes your binding acceptance of the terms and conditions on behalf of yourself and any person with whom you may share a prize (in the event that you win a prize which is for you and one or more additional persons (“your partner”).

Eligibility Criteria

1. For you to be eligible to participate and stand a chance to win the Competition prize, you must be:
   1. a permanent resident of the Republic of South Africa and be in possession of a valid identification document with a 13-digit identity number;
   2. legally resident in the Republic of South Africa; and
   3. 18 (eighteen) years of age or older.
2. Notwithstanding clause 3.1, you will not be eligible to participate in the Competition if:
   1. you and/or your spouse and/or life partner are director, member, partner, employee, agent or consultant of the Promoter, or any other person who directly or indirectly controls or is controlled by the Promoter;
   2. you and/or your partner are a director, member, partner, employee, agent or consultant of any entity within the SA Home Loans Group of Companies;
   3. you and/or your partner are a director, member, partner, employee, agent or consultant of any of the advertising/media agencies currently contracted to the Promoter to provide advertising/marketing services in relation to the Competition;
   4. you and/or your partner are an immediate family member of any of the persons specified above; and
   5. you and/or your partner a supplier of goods or services in connection with the Competition.

General Rules

1. It is your responsibility to ensure that your entry into the Competition is received prior to the closure of the Competition as specified in the Competition specific rules.
2. Any entries received after the Competition has closed will not be considered. We and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems for entries not received by us timeously.
3. It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date. Should any of the data provided by yourself in connection with the Competition prove to be invalid, inaccurate, false or misleading, your entry shall be disregarded, and you shall be prohibited from entering any further Competitions for a set period to be determined by the Promoter.
4. Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account.
5. We do not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and make no representations and give no warranty that –
   1. your entry or participation in the competition will necessarily result in you winning a prize;
   2. a prize, or any aspect thereof, will meet your, or, if applicable, your partner’s, requirements, preferences, standards or expectations; or
   3. a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
6. We and our affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.
7. Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item.
8. You may not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it.
9. You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities. Your passport should have a validity of a minimum of six months following your return and have at least three blank pages.
10. Winners will be notified using the contact details supplied to us within a period of 5 days after the winner has been determined in accordance with the Competition specific rules. If we are unable to reach you within 30 days or if the winner is unable to collect the prize within 60 days, the winner will forfeit the prize and the Promoter reserves the right to re-draw a new winner under the same conditions.
11. You may be required to provide us with such additional information and documentation as we may reasonably require in order to process, confirm and facilitate your acceptance and/or use of a prize. If you refuse to provide us with the requested information or documentation, you will forfeit the prize.
12. In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof. You must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. The Promoter will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.
13. We and our third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us, our affiliates and third party suppliers.
14. You agree that your participation in the competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
15. We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
16. You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you of a prize.
17. You acknowledge that the acceptance and use of a prize is subject to the proviso that –
    1. all of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith;
    2. you will take full responsibility for your partner;
    3. you indemnify and hold us and our affiliates harmless against any claim by your partner or any third party if your partner suffers any loss or damage pursuant to your partner’s acceptance and/or use of a prize;
    4. any minor will be accompanied by a parent or legal guardian.
    5. If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, –
       1. you will be automatically disqualified, and you will forfeit the prize/s (if you have already won a prize);
       2. you will pay us for any loss or damage incurred by us directly or indirectly because of your (or, if applicable, your partner's) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner’s) non-compliance; and
       3. you indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
    6. 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.

Decision of the Judges and the Promoter

The Promoter and the judges' decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.

Consumer Protection Act

Your attention is drawn specifically to the provisions of regulation 11(3) to the Consumer Protection Act which is to the effect that any successful entrant to a competition may decline the use of any and/or all photos and videos created during a competition for marketing and promotional purposes. By entering into the Competition, you hereby consent to the use of any and/or all photos and videos created during the prize giving ceremony (if any) for marketing and promotional purposes. You hereby assign to the Promoter all present and future intellectual property rights and related rights (including, without limitation, copyright and performer’s property rights and all like rights) in and to your appearance in the Competition and/or any other materials created by or on behalf of the Promoter pursuant to the Competition and the Challenge (“Footage”).

Copyright Act

You hereby grant all necessary consents, under the Copyright, Act 1978 or otherwise, to the Promoter and its affiliates worldwide to use and exploit all rights assigned to the Promoter under this clause forever and throughout the world in any and all media now known or hereafter discovered, without restriction, and unconditionally and irrevocably waive, in favour of the Promoter, its affiliates, licensees, assigns and successors in title, such rights under Sections 20 of the Copyright Act 1978 (as amended from time to time) and, so far as is legally possible, any and all moral rights or similar rights as you now have or hereafter acquire anywhere in the world in relation to your appearance in the Footage and every part thereof. All right and title in and to the Footage shall vest in the Promoter, and the Promoter shall be entitled to use and exploit the Footage in whole or in part, in the Competition or any production thereof or otherwise, as it may at its absolute discretion determine. The Promoter shall have the right to assign and/or license the rights (including the Footage itself or excerpts thereof) granted to the Promoter under these Rules to third parties without restriction.

Protection of Personal Information Act

1. The Promoter and its partners in respect of the Competition are responsible parties as contemplated in POPIA.
2. The information to be collected by the Promoter from you constitutes “Personal Information” in terms POPI. By entering the Competition, you hereby grant the Promoter and its authorised personnel the right to Process any Personal Information you provide for purposes of your participation in the Competition including marketing purposes in accordance with applicable laws. The Promoter will take a reasonable security measure used in relation to its business to protect any unlawful processing of your Personal Information.  Should you withdraw your consent at any point during the Competition, you will be disqualified.
3. Your Personal Information will be processed pursuant our Privacy Policy which also sets out your rights. Please visit our website for more information on https://www.sahomeloans.com/legal/sahl-privacy-policy