1. These are the standard terms and conditions for promotional competitions conducted or promoted by or in association with Retail Capital Limited. All references in these terms and conditions to “Retail Capital”, “we” “our” or “us”, are references to Retail Capital Limited. References to “you” and “your” means the website user.
2.1 participation in the promotional competition; and/or
2.2 fulfillment of the conditions pertaining to a promotional competition, should there be any conditions, constitutes your binding acceptance of these T’s and C’s on behalf of yourself and any person with whom you may share a prize, reward, gift, free good or service, price reduction or concession, enhancement of quantity or quality of goods or services or other discounted or free thing being offered (“prize”), in the event that you obtain a prize which is for you and one or more additional persons (“your partner”).
3. The promotional competition is not open to –
3.1 directors, members, partners, agents, employees, consultants of Retail Capital and/or any affiliated companies, agencies, associates, partner and/or any suppliers of goods or services in connection with a competition; and
3.2 the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 3.1 above.
4. Entrance criteria or conditions are as set out in the rules of each promotional competition.
5. The judges’ decision is final and no further correspondence will be entered into.
6. Retail Capital is not responsible for any entries which are not received on the Retail Capital website, whether timeously or at all, regardless of the cause thereof. Without limitation, Retail Capital is not responsible for any problems or technical malfunction of any telephone network or lines, computer online 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, website or other device or medium), or any combination thereof, or any other technical or other problems.
7. It is your responsibility, as a participant, to ensure that any information which you provide in respect of a promotional competition is accurate, complete and up to date.
8. 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. Retail Capital will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your participation in the promotional competition and your acceptance and/or use of a prize. Retail Capital will specify, in the rules, the total value of the prizes to be won, the nature of the prizes, and any cost to be borne by the participants of any specific promotional offer.
9. Retail Capital does not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, makes no representations and gives no warranty that a prize, or any aspect thereof, will –
9.1 meet your, or, if applicable, your partner’s requirements, preferences, standards or expectations; or
9.2 be satisfactory and punctual.
10. Prizes are not transferable and may not be deferred, changed or exchanged for any other item or cash.
11. You may not obtain a prize if it is unlawful for us to supply such a prize to you. If you do not qualify to receive such a prize, you will forfeit it.
12. In the event that you win, you must possess whatever documents and permissions may be required in order to take part in the promotional competition or claim a prize.
13. Should you be a participant in the promotional competition to whom a prize is due, you will be notified by means of the contact details provided to Retail Capital by you. Retail Capital may require you to provide it, as the case may be, with additional information as may be reasonably required to process and facilitate your acceptance and/or use of a prize. You have one month from notification by Retail Capital to collect or organise the delivery of a prize unless otherwise stipulated in the rules for a specific promotional competition.
14. Should you be a participant in the promotional competition to whom a prize is due and you fail to respond to the formal notification by Retail Capital within the time period specified at 13 above, or in the rules for the specific promotional competition, as the case may be, you shall forfeit such unclaimed prize and thereafter Retail Capital shall randomly select a replacement winner from the competition entries. Retail Capital shall notify the replacement winner of such effect as soon as reasonably practicable and the provisions of this clause 15 shall apply to the replacement winner in the event that he/she fails to respond to the notification.
15. To the full extent permissible by applicable law, Retail Capital and its third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the promotional competition and any prizes, or any aspect thereof, without notice at any time, for any reason which Retail Capital and such suppliers deem reasonable in the circumstances. 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 the promotional competition and acknowledge that you will have no recourse against Retail Capital and third party suppliers.
16. You agree that your participation in the promotional competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
17. You agree that Retail Capital may use the personal information that you provide or that Retail Capital or its representative records or captures in relation to your participation in any promotional competition, in any of Retail Capital’s present or future marketing or publicity campaigns. This information may include your name and any audio-, photographic- and / or video recording of you. You agree that you shall not become entitled to any fee or remuneration for any such use of your information by Retail Capital, unless specifically agreed otherwise in writing.
18. To the full extent permissible by applicable law, Retail Capital 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 promotional 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 T’s and C’s.
19. These T’s and C’s will be construed, interpreted, and enforced in accordance with the applicable laws of the Republic of South Africa.
20. Retail Capital reserves the right to amend these T’s and C’s for Promotional Competitions at any time and will publish same on its Sites or make same available to participants on request.
21. In the event that any of the terms of these T’s and C’s are found to be invalid, unlawful, or unenforceable, such terms will be severable from the remaining terms of these T’s and C’s, which will continue to be valid and enforceable.