Intelligent Health and Wellness (PTY) LTD trading as Motherkind
Social Media Competition Terms & Conditions
1. These are the standard terms and conditions for competitions conducted or promoted by or in association with Intelligent Health and Wellness (PTY) LTD. 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. Nothing in these Terms and Conditions 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 user or the organiser or its promotional and advertising agencies/service providers in terms of the Consumer Protection Act, 68 of 2008 (“the CPA”).
3. You acknowledge that by submitting your entry to a competition you have been given an appropriate opportunity to first read these Terms and Conditions and if applicable, the competition specific rules before entering and that you understand and agree to the Terms and Conditions and where applicable, the competition specific rules.
4. Further, you understand and agree that by entering into a competition in accordance with its terms and conditions, users may be entering a promotional competition for the purposes of the CPA and the promotional competition will be conducted in accordance with the relevant provisions of the CPA. Should you win a prize in the competition, you undertake to expeditiously do all things necessary to enable the organiser and its promotional and advertising agencies/service providers to comply with its obligations under the CPA including, but not limited to (i) providing such personal information as may be required in order to facilitate handing over the prize (including providing proof of address and identity number/passport number) and (ii) signing receipt of the prize upon its delivery, if applicable.
5. 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”).
6. Prizes are dependent on the successful entering of the competition on our Facebook and Instagram Pages.
7. Prizes are indicated on the competition post on our Facebook and Instagram pages.
8. All winners will be announced on Motherkind Co Social Media pages. By entering a competition, you agree that Intelligent Health and Wellness (PTY) LTD/ organiser may make media announcements and/or publications of the winner(s) name.
9. Prizes exclude any travel associated costs such as accommodation, petrol, flights, etc, unless otherwise specified.
10. The competition is not open to directors, members, partners, agents, employees, resellers or consultants of Intelligent Health and Wellness (PTY) LTD or any companies or suppliers of goods or services in connection with a competition; and the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in above.
11. Entrants under the age of 18 must obtain permission from their parents or guardians before entering.
12. It is your responsibility to ensure that your entry is received by us prior to the closure of the competition. Any entries which are not received by us prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. We and our affiliates are not responsible for any entries which are not received by us, whether timeously or at all, regardless of the cause thereof. Without limitation, 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.
13. We and our affiliates are not responsible for any injury or damage to your or any other person’s computer, mobile telephone or other device used by you to enter into, or obtain any materials related to the competition.
14. It is your responsibility to ensure that any information which you provide to Intelligent Health and Wellness (PTY) LTD is accurate, complete and up to date.
15. Should any of the data provided by yourself in connection with this competition, or any of our other promotional competitions, prove to be invalid, inaccurate, false or misleading, your entry shall be disregarded.
16. 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. Intelligent Health and Wellness (PTY) LTD / organiser will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize. We do not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that:
16.1. your entry or participation in the competition will necessarily result in you winning a prize;
16.2. a prize, or any aspect thereof, will meet your, or, if applicable, your partner’s, requirements, preferences, standards or expectations; or
16.3. a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
17. 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.
18. Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item.
19. 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.
20. If we are, or a third party supplier is, unable to contact a winner within 30 days or if the winner is unable to collect the prize within 60 days, the winner will forfeit the prize and Intelligent Health and Wellness (PTY) LTD / organiser reserves the right to re-select a new winner under the same conditions.
21. We may invite you to be present when the prize winners are determined or announced, to participate in any of our marketing activities, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of our goods or services, for which no fee, royalty or other compensation will be payable. You may decline such an invitation.
22. In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection or delivery thereof. All correspondence regarding the prize must be directed at the supplier of the prize. Intelligent Health and Wellness (PTY) LTD will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.
23. 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.
24. You agree that Intelligent Health and Wellness (PTY) LTD / the organiser and our affiliates will not be responsible, and disclaim all liability to the fullest extent permitted by law, 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.
25. You agree that Intelligent Health and Wellness’s/ the organiser’s entire liability and your sole and exclusive remedy will be limited to a distribution of the equivalent amount of the prize which you may receive. By participating in the competition, you waive any and all rights to bring any claim or action related to such matters in any forum beyond 1 (one) month after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
26. 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,
26.1. you will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize);
26.2. you will pay us for any loss or damage incurred by us directly or indirectly as a result 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
26.3. 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.
27. 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.
28. Intelligent Health and Wellness (PTY) LTD 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.
29. By entering a competition, each person authorises the promoter or a person duly appointed by the promoter to collect, store and use their personal information as an entry mechanism, for communication, announcements of winner’s names, statistical purposes and for marketing.
30. The personal information collected will be stored by the promoter after conclusion of a competition for such period and to the extent permitted by law. Entrants can get in touch with the promoter and request, free of charge, to have their details deleted or altered by the promoter.