1.1. Participation in this Competition is governed by these terms and conditions (the “Rules”).
1.2. You, as a participant are encouraged to review the Rules before entering into the Competition and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these Rules.
1.3. This competition is operated by Nestlé (South Africa) (Proprietary) Limited (“Nestlé”) in conjunction with McCann Worldgroup South Africa (Pty) Ltd (“McCann1886”) (the “Promoters”).
1.4. Your participation in the Competition constitutes acceptance of these Rules and you as a participant agree to abide by these Rules.
2. By participating in this Competition, Participants agree to the rules set out below.
2.1. This Competition is limited to legal residents and/or legal citizens of the Republic of South Africa. In addition, the following people shall not be eligible to participate in this Competition:
2.2. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters.
2.3. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.
2.4. People who are not legal residents and/or legal citizens of the Republic of South Africa.
2.5. Persons under the age of 18 years.
3. The Competition shall commence on 15 November 2021 and will end on 21 January 2022 (“Competition Period”). Entries received after 21 January 2022 will not be considered.
4. Mechanics
To participate in this Competition, Participants must adhere to the following:
4.1. To participate in the competition, Participants must remake our new CREMORA TV ad, in a unique way and post the video either on their Facebook account as a video, Twitter account as a video, Instagram account as an Instagram Reel or TikTok account as a Tik Tok video. On Facebook, Twiter & Instagram participants need to tag @CremoraSA and include the hashtag #EveryonesIncluded in the caption or when using TikTok, participants need to post on their TikTok video using the hashtag #EveryonesIncluded in their caption as well.
4.2. Participants may enter the Competition as many times as they wish over the Competition Period, provided that Participants tag CREMORA and/or use the hashtag #EveryonesIncluded each time they post. The number of entries is subject to the following conditions:
4.3. Only one prize per household, per person, per week of the competition will be permitted, i.e. within the same family or immediate family residing in the same abode only one person may win; 4.4. It is reasonably expected that each entry will represent a new video remake you have created of the TV ad and hence, for example, 3 entries may result in the requirement to produce 3 videos with different concepts. For the avoidance of doubt, where, for instance, a participant makes 3 entries of the same video concept, it will be taken as a single entry for that participant.
4.5. For draw based rewards, video entries that meet the above mentioned criteria will be selected through a random selection tool.
4.6. Participants must enter using the social media account registered to that person. No other person can use another person’s profile for Competition entry purposes. If it is discovered that participants have entered using an account that is not registered to them they will be disqualified and the entrant will be requested to refund the prizes to the Promoters.
5. The Prizes:
5.1. Particpants in this Competition stand a chance to win = 1 of 50 Takealot Vouchers valued at R1000 each.
5.2. The draw for the prizes will take place weekly, except for over the Christmas period (16 December 2021 to 3 January 2022) whereby winners will be selected from the 4th of January 2022.
Selection will be made up of 5 winners per week across all the social platforms listed above combined ;
6. How to claim your prize:
6.1. At the time that a potential prize winner is identified, the potential prize winner will receive a direct message on their respective social media platform from a representative of the Promoters at which point he/she may be required to answer a few questions regarding his/her eligibility as well as be requested to submit certain documents such a cell phone number, email address and a copy of his/her South African ID and/or Driver’s license to the Promoters representative.
6.2. The potential prize winner is not an actual winner until his/her submission is validated, the verification questions answered to the satisfaction of the Promoters and his/her documents are completed and valid South African ID and/or Driver’s license submitted to the Promoters. If a potential prize winner does not meet the eligibility requirements, the prize will be forfeited and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein stated. Potential prize winners must submit the relevant documentation within 48 hours of being shortlisted and contacted otherwise they would forfeit the prize.
6.3. If the Promoters are unable to reach any of the potential prize winners after 3 (three) attempts made within 3 (three) working days of their name being drawn, for whatsoever reason, including inoperative social media profile, such winner will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.
6.4. Eligible winners will have their prizes delivered to the winners via email. Should delivery of the prizes be unsuccessful after 3 attempts the prizes will be stored by McCann188
7. Promotional Material and Marketing Activities
7.1. The Promoters may require the winners (at no fee to the Promoters) to be identified, and photographed when accepting their prizes and/or after receiving their prize, and the photograph or related article may be published in printed media, or appear/ be announced on radio, television, social media or on the internet.
7.2. Should this become necessary, the winners may be required to sign a letter of consent and the Promoters shall have the right to use any photographs of any of the winners in perpetuity.
7.3. The winners have a right to decline the invitation to use their image and/or video in marketing materials or to participate in any marketing activity.
8. General
8.1. The judges’ decision is final, and no correspondence will be entered into.
8.2. The Promoters may require the winner to complete and submit an information disclosure agreement to enable the Promoters to ensure compliance with these Rules.
8.3. Should the winner be found not to have complied with these Rules, he/she will automatically be disqualified and the prize will be forfeited. Winners may also be required to sign acceptance of prizes and indemnity documents.
8.4. The prize is not transferable, and no substitution or cash redemption of prizes is permitted. The prize will not be handed/awarded to a third party, but only to the verified prize winners themselves. 8.5. The Promoters reserve the right, at their sole discretion, to substitute the prize with any other prize of comparable or greater commercial value for any reason whatsoever.
8.6. Prize visuals on any competition and/or promotional materials are for illustrative purposes only.
8.7. In terms of the data protection laws and Nestlé’s Privacy Notice, Nestlé and/or the Promoters will have to process the following personal information received directly from you and belonging to you: name; address; email; cell phone or telephone contact details; and certain preferences about you (where and if applicable). Your personal information will be shared on a need to know basis with certain third parties, for the purposes of giving effect to this Competition, including lawyers, advertising agencies, auditors, and/or regulators. Whilst we hold your personal information, we will keep it safe and secure until the purpose for holding it has comes to an end, whereafter it will be destroyed, and you accept that by entering into this Competition that you agree that we may process your personal information as indicated above.
8.8. For more details on how we may deal with your personal information please see our standard Privacy Notice on our website - https://www.nestle-esar.com/info/yourdata. For any questions or clarifications regarding the processing of your personal information, you may contact us by emailing dataprotection@za.nestle.com or Dial + 27 86 009 6116.
8.9. By entering this Competition you authorise the Promoters to process your personal information for communication or statistical purposes. You are entitled to decline any marketing communication by emailing consumer.services@za.nestle.com Any personal data submitted by you will be used solely in accordance with current Republic of South Africa data protection legislation and Nestlé’s privacy policy.
8.10. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes such as the use of their video entries for the remake challenge in the form of winner announcements on our social platforms.
8.11. Participants shall at all times be entitled to decline the above request. 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 Promoters.
8.12. Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 ("CPA").
8.13. All Participants participate entirely at their own risk. By participating in this competition, Participants are deemed to have read and accepted these Rules, give consent to these risks and hereby indemnifies and hold harmless the Promoters, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Promoters.
8.14. The Promoters, their directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participants, or accept any liability for: (a) any inability by the Participant to use the prize in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize.
8.15. The Promoters, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than the Promoters themselves.
8.16. The Promoters reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Promotion and acknowledge that they will have no recourse against the Promoters, its advertising agencies, advisors, suppliers and nominated agents.
8.17. By entering the Competition, Participants acknowledge that the Promotion will be managed in accordance with the provisions of the CPA. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize.
8.18. Notwithstanding anything to the contrary contained in these Rules, the Promoters reserve the right to amend, modify, change, postpone, suspend or cancel this Competition, the Rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which the Promoters deem necessary. At the end of the Competition for whatsoever reason, all of the Promoters’ obligations in regard to the Competition as well as in regard to the prizes shall cease to exist.
8.19. These Rules shall be governed by and interpreted according to the laws of the Republic of South Africa. Participants and the Promoters hereby consent to the non-exclusive jurisdiction of the High Court of South Africa.
8.20. Facebook, Twitter, TikTok and Instagram: This Competition is in no way organized, endorsed or administered by, or associated with Facebook, Twiteer, TikTok and/or Instagram. You hereby confirm that you understand that you are providing your information to the Promoters and not to Facebook, Twitter, TikTok and/or Instagram.
8.21. For further information or enquiries please email our consumer services at consumer.services@za.nestle.com or call us on 086 0096 116. Calls to this number will be charged by your cellular network service provider.
