TMARC competition 2022

Spitz® Stand a Chance to Win a Share of R1.5 Million Competition Terms and Conditions

  1. This Spitz® Stand a Chance to Win a Share of R1.5 Million Competition (“Competition”) is organised and conducted by A & D Spitz Proprietary Limited, a subsidiary of AVI Limited, including their affiliates, partners, associations and agents (“Promoter”).
  1. This Competition will run from Friday, 23 September 2022 and ends at midnight on Monday, 26 December 2022 (“Competition Period”). Entries received after the closing date will not be considered. This Competition is exclusive to Spitz® stores in the Republic of South Africa.

 

WHO CAN ENTER?

  1. Participants must either be at least 18 (eighteen) years, or, if a minor, must be duly assisted by their legal guardians, and have a valid identity document or passport (and for Participants who are not South African citizens, a valid work permit entitling them to live and work in South Africa) and reside in the Republic of South Africa during the period of the Competition.
  1. Participants may not enter or receive a prize if they are directors, members, partners, employees, agents of or consultants of the Promoter, their subsidiaries, holding companies, divisions and/or associated companies or of the advertising or promotion agencies or any other person who directly or indirectly controls or is controlled by the Promoter, or their spouses, life partners, immediate family members or business partners.
  1. By entering this Competition, all Participants agree to be bound by these terms and conditions, and the Promoter’s decision regarding any issue with the Competition will be final and binding and no correspondence will be entered into.
  1. This is a USSD entry competition. You have to dial the USSD number from a cellular phone. Entry from a land line is not possible. Each entry to the Competition will be charged at a rate of 20 cents per 20 seconds cents. Entry is not possible by SMS. All entries, including incomplete entries, may be billed by your service provider. The Promoter shall not be responsible for telecommunication failure on the part of the Participant’s service provider.
  1. No responsibility will be accepted for any entry that is not delivered, received, uploaded or is delayed or damaged due to technical reasons, including telecommunication failure or otherwise. Proof of sending is not proof of receipt.

HOW TO ENTER

  1. To enter this Competition, you need to go to a Spitz® branded retail store and purchase any merchandise to a minimum value of R1 495.00 (One Thousand Four Hundred and Ninety-Five Rand) (“Qualifying Purchases”) (including purchases made in cash, by card, on gift cards, or on lay-by account), find the unique entry number on your till slip, dial *120*560*UniqueNumber# from your cellular phone and follow the prompts.
  1. The Spitz point-of-sale system will print the USSD string with a Unique Number at the bottom of each qualifying till slip.
  1. Purchases made on lay-by accounts to a minimum value of R1 495.00 (One Thousand Four Hundred and Ninety-Five Rand) will have to be fully redeemed in order to be Qualifying Purchases for entry to the Competition. The USSD string with a Unique Number will be printed at the bottom of the till slip in respect of the final redemption payment only. Lay-by deposits and interim payments will not qualify for entry into the Competition and only 1 (one) Unique Number will be allocated to any Qualifying Purchase on lay-by.
  1. Qualifying Purchases made with gift cards, either alone or in combination with another form of payment, will qualify for entry into the Competition.
  1. Purchases of gift cards are not included and are not Qualifying Purchases.
  1. Only original Qualifying Purchases will qualify for entry into the Competition. If Qualifying Purchases are returned for exchange a second Unique Number will not be issued.
  1. Qualifying Purchases returned for refund or credit will no longer be Qualifying Purchases and any Competition entry made in respect of such refunded or credited Qualifying Purchases will automatically be invalidated and no longer be eligible to participate in the Competition. To the extent permitted by law, Participants will not be allowed to return for refund or credit any Qualifying Purchases which resulted in a Competition entry, after a prize draw and allocation of a prize, regardless of whether or not the Participant was a prize winner.
  1. R1 495.00 (One Thousand Four Hundred and Ninety-Five Rand) is the minimum purchase value to enter the Competition. Qualifying Purchases in excess of R1 495.00 (One Thousand Four Hundred and Ninety-Five Rand) on 1 (one) till slip will only be allocated 1 (one) Unique Number and will only constitute 1 (one) entry. However, each individual Qualifying Purchase on separate till slips, will receive a Unique Number and be eligible for separate entry into the Competition.
  1. Each Unique Number may only be used for 1 (one) entry. Participants may however, enter as many times as they like with separate Unique Numbers for separate Qualifying Purchases.
  1. The participating merchandise is all branded merchandise sold in the Spitz® stores.
  1. Participants will be deemed to be the person whose cellular phone number is associated with the entry. Multiple entries sent from the same cellular phone will be deemed to have been received from the same Participant.
  1. Incomplete, incorrect or invalid entries will not be eligible to be entered into the Competition draw.
  1. Only Participants who have adhered to the entry requirements for this Competition will be entered into the draw process from which winners will be randomly selected.
  1. Participants must retain their original Qualifying Purchase till slip. The Promoter will not be liable or responsible for till slips that are lost, stolen or damaged (such that the till slip becomes illegible).
  1. All valid and complete entries will qualify for and be entered into the weekly draws and will remain eligible for each subsequent weekly draw and the grand prize draw until the end of the Competition.
  1. All entries will be validated against the Promoter’s point-of-sale system before being accepted into prize draws.

 

PRIZES

  1. The prizes are –
    1. 500 (five hundred) amounts of R2 000.00 (Two Thousand Rand) each to be won over the duration of the Competition Period; and
    2. 1 (one) grand prize amount of R500 000.00 (Five Hundred Thousand Rand) to be won after the close of the Competition Period.
  1. Participants stand a chance to win any 1 (one) or more of the prizes.
  1. The prizes are not transferrable to any third party and are not negotiable with the Promoter or any of its agents.
  1. The prizes do not cover any other costs of the winners whatsoever. Winners are responsible for their own personal tax declarations and tax payments. The Promoter shall not be liable in any way whatsoever.
  1. The Promoter reserves the right to substitute the prizes for alternative prizes of equal or greater value should the prizes not be available for any reason.

 

DETERMINATION OF WINNERS

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  1. Winners will be determined by –
    1. random weekly draws over the duration of the Competition Period during which 500 (five hundred) winners of R2 000.00 (Two Thousand Rand) each will be drawn in tranches throughout the duration of the Competition. The anticipated weekly draw timetable is as set out below, provided however, that this timetable is subject to change in the Promoter’s sole discretion and without further communication to Participants –
        1. Friday, 14 October 2022 – 60 winners;
        2. Friday, 28 October 2022 – 60 winners;
        3. Friday, 11 November 2022 – 60 winners;
        4. Friday, 25 November 2022 – 60 winners;
        5. Friday, 2 December 2022 – 60 winners;
        6. Friday, 9 December 2022 – 60 winners;
        7. Thursday, 15 December 2022 – 60 winners; and
        8. Wednesday, 28 December 2022 – 80 winners.
    2. a random grand prize draw done after the end of the Competition at the beginning of February 2023, during which 1 (one) grand prize winner of R500 000.00 (Five Hundred Thousand Rand) will be drawn. All returns of Qualifying Purchases for refund or credit made between the close of the Competition and the date of the grand prize draw and which Qualifying Purchases resulted in a Competition entry, will automatically invalidate the entry and such entries will not be eligible to participate in the grand prize draw.
  1. The draws will be overseen by an independent person in terms of the Consumer Protection Act, 68 of 2008 (“CPA”).
  1. The potential prize winners will be contacted on the cellular telephone number used to enter the Competition as soon as reasonably possible after the prize draw.
  1. Potential weekly prize winners are not winners until they have answered verification questions as required by the CPA and may, at the Promoter’s discretion, also be required to provide valid proof of identity, and proof of an original till slip for the Qualifying Purchase which resulted in the Competition entry.
  1. The potential winner of the grand prize will not be the winner until they have answered verification questions as required by the CPA and have produced valid proof of identity, proof of a valid South African bank account, and proof of an original till slip for the Qualifying Purchase which resulted in the Competition entry.
  1. Potential winners who need to be validated will be given a period of 48 (forty-eight) hours from time of the request by the Promoter or its agent to produce the required documents and/or information, after which the prize will be forfeited, and the Promoter will move on to the next available potential winner as determined by the draw process.
  1. Winners of the weekly prizes of R2 000.00 (Two Thousand Rand) each will receive an SMS with a code for the redemption of their cash prize. Payment of the prizes will be done by ABSA CashSend only. No prizes will be paid out in cash either by the Promoter, its agents, or any of the Spitz stores.
  1. The Promoter will make 3 (three) attempts within 48 (forty-eight) hours to contact and notify potential prize winners telephonically. If a potential winner cannot be contacted personally after 3 (three) attempts, or if after first being contacted by the Promoter, are not again reachable, or the potential winner fails to provide the Promoter with the required information to award the prize, the potential winner will forfeit the prize and a replacement winner will be selected from the names drawn from qualifying Participants. This process shall continue until all the winners have been contacted and the prizes have been awarded in terms of the Competition rules.
  1. Prize winners may be required to provide written acknowledgement of receipt of their prize.
  1. Announcements of the winners’ names will be done on the Promoter’s social media pages. This is a condition of entry to the Competition and entry into this Competition is deemed to be consent to publish their names. Should a Participant not consent to publication of their name they should not enter the Competition.
  1. The Promoter reserves the right to disqualify a Participant or select an alternative winner in the event that they reasonably believe, in their sole discretion, that: (i) the Participant is not eligible to enter; (ii) the Participant is not eligible to win;  (iii) the Participant has contravened any of these terms and conditions; (iv) the Participant has acted in a manner that is not in the spirit of the Competition; (v) the Participant’s conduct can be reasonably interpreted as being dishonest, scamming or circumventing the rules of the Competition; (vi) the Participant has acted fraudulently with regards to the Competition; (vii) it would be unlawful to award the prize; if the winner fails to accept the prize after 3 (three) attempts for any reason whatsoever; if after first being contacted by the Promoter, the potential winner or winner is not reachable; or, the potential winner or winner fails to provide the Promoter with the required information to hand over the prize. In this instance the Participant will be disqualified from entering or the winner will be disqualified, as the case may be, and forfeit the prize. The Promoter’s decision shall be final and no correspondence will be entered into.

 

PUBLICITY AND DATA PRIVACY

  1. Other than the condition of entry stipulated in clause 38, winners have the right to decline permission to use their name or image in marketing material or participate in any marketing activity. Unless the winners verbally or otherwise decline permission to the Promoter, the Promoter may publish the winners’ names and images without any liability to the Promoter or remuneration due to the winners.
  1. By entering, a Participant acknowledges that personal information about the Participant will be shared with the Promoter and their agents to the extent necessary to conduct the Competition and for prizes to be delivered to prize winners. Such personal information will be processed in accordance with the provisions of the Protection of Personal Information Act, 4 of 2013. Participants who have questions regarding any matter relating to their privacy or their personal information, or if they believe there has been a breach of their privacy or their personal information, may either contact the Promoter or, file a request for access to personal information in accordance with the AVI Manual in terms of Section 51 of the Promotion of Access to Information Act, No 2 of 2000 available at https://www.avi.co.za/wp-content/uploads/2017/03/Promotion-of-Access-to-Information-Manual.pdf; or, submit a complaint to the Information Regulator in the prescribed manner and form – (https://justice.gov.za/inforeg/index.html).
  1. Should the Participant have elected to receive marketing communication from the Promoter and other AVI Limited Group brands, the Participant’s contact details will form part of the Promoter’s database and they will receive marketing communication on, including but not limited to, upcoming promotions, competitions and offers related to AVI Limited Group brands. The Participant’s personal information will be shared with the AVI Limited Group brands and their agents to the extent necessary to ensure they receive this communication either, via email, or SMS, and for prizes to be delivered to prize winners for example. Should a Participant wish to remove their details from this database at any stage, please select the opt-out option made available to you or contact the Promoter’s consumer care line.
  1. 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 Participant or the Promoter in terms of the law of the Republic of South Africa should any terms or conditions be found to be in conflict with any laws, they will be severable from the remaining terms and conditions contained herein.

 

GENERAL

  1. The Promoter reserves the right to shorten, extend, suspend the time period of the Competition or terminate the Competition whenever it should so choose for technical, commercial, or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within their sole discretion. The Competition, its prizes, and terms and conditions may be amended by the Promoter, at any time during the Competition, and will be applied and interpreted within their sole discretion. In such an event, all Participants waive any rights that they may have/purport to have in terms of this Competition, and acknowledge that they will have no recourse against the Promoter whatsoever.
  1. All publicity and other materials will be the sole property of the Promoter.

 

TAKE NOTE! 

  1. Please note that the following terms require you to take on risk, limit the liability of the Promoter and indemnify the Promoter. Please read them carefully and contact the Promoter if you have any questions!
  1. To the fullest extent permitted by law, by participating, the Participant indemnifies, releases and agrees to hold harmless the Promoter, their associated, holding and subsidiary companies, and its directors, officers, agents, representatives, shareholders, employees, successors and assigns from any and all claims or liability arising from participating in the Competition, any Competition-related activity and/or acceptance, receipt, possession or use/misuse of any prize. 
  1. To the extent permitted by law, the Promoter will not be liable in any way whatsoever, for any claims arising from loss, injury, damage or costs, suffered by a Participant in relation to this Competition or the prizes offered, including but not limited to tax claims, claims relating to defects in the prizes or any losses caused by such defects or losses arising from incorrect or inaccurate information supplied by Participants.
  1. The Promoter will not be liable for any loss suffered as a result of incomplete or incorrect information provided.
  1. South African law shall govern these competition terms and conditions and the courts of South Africa shall have exclusive jurisdiction.
  1. For more information, or for a copy of these Competition rules, visit www.spitz.co.za, or call the consumer line on 0860 109 321 (office hours 8.00am to 4.30 pm week days).
  1. Spitz® is a registered trademark of A & D Spitz Proprietary Limited.
  1. Queries may be submitted via email to support@tmarc.co.za using the Subject Line “AVI Spitz December 2022 Competition

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