CALTEX SCRATCH AND WIN PROMOTION
CALTEX SCRATCH AND WIN PROMOTION
TERMS AND CONDITIONS
Please read these terms and conditions (“Terms”) carefully. The Terms set out below apply to all participants entering the Caltex Scratch and Win Promotion (“Competition”) conducted by Astron Energy (Pty) Ltd (“Promoter“). If you do not agree to be bound by all of the Terms, then please refrain from entering the Competition. Instructions on how to enter into the Competition and all prizes form part of the Terms. Participation in the Competition is deemed to be your acceptance of the Terms and an acknowledgement of your legal capacity to enter the Competition. Entries not complying with any of the Terms will be invalid and be of no force and effect.
Limitation of risk, legal responsibilities and liability:
Clauses 10, 11, 12 and 17 below are important because they limit and exclude liability and legal responsibilities that Astron Energy and other third parties or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other parties/entities are limited or excluded. These clauses also limit or exclude your right to recover from, or make claims against, Astron Energy for losses, damages, liability or harm you or others may suffer as a result of your participation in the competition. Clauses 12 and 17 are particularly important because you take on risk, legal responsibilities and liability. In terms of these clauses, you accept responsibility for and indemnify Astron Energy against various risks, damages, harm, and injury which may be suffered by you and others for what is stated in this clause.
This Promotion is supported on the Caltex South Africa Facebook Page (@Caltex SÁ – https://www.facebook.com/CaltexSA/), Caltex South Africa Twitter Handle (@Caltex SÁ – https://twitter.com/Caltexsa) and Caltex South Africa Instagram Page (@Caltex SÁ – https://www.instagram.com/caltexsa/). This promotion is supported by various marketing efforts to drive awareness.
The Promoter reserves the right to amend these terms and conditions at any time during the Promotion. The onus rests on the Participants to check the relevant website for updates to the Terms and Conditions.
- Eligible Contestants:
- The Promotion is open to all South African permanent residents and all South African citizens over the age of 18 (eighteen) years at the date of entry (“Participants”) except for Excluded Participants. The Promotion is only taking place at selected Caltex service stations in the Republic of South Africa.
- Participating Caltex Service Stations:
- Caltex Roddy Motors
- Caltex Oilgro Silmar
- Caltex Zam-zam Filling Station
- Caltex Waterkloof Glen Motors
- Caltex Zhut City
- Caltex Oilgro Northwold
- Caltex Van Der Hoff
- Caltex Manor Service Station
- Caltex Osborne Road
- Caltex Posthouse Service Station
- Caltex Sas Park Auto
- Caltex Fuelarama
- Caltex Motordeal Pitstop
- Caltex Anzac
- Caltex Umlazi Megacity
- Caltex Alice Street
- Caltex Crompton
- Caltex Suburban
- Caltex Isipingo
- Caltex Nela Kahle
- Caltex Quality Street Motors
- Caltex Ithemba
- Caltex Continental
- Caltex Salt River
- Caltex Stellendale
- Caltex Nicoles
- Caltex Bellville
- Caltex New Maitland
- Caltex Bird Sanctuary
- Excluded Contestants:
- The Promotion is not open to the directors, the members, the business partners, and the employees of the Promoter, and the Promoter’s sales agents, advertising agency staff, advisors, consultants, associated companies, and/or the supplier of any goods or services in connection with the Promotion (whether that person is employed by the Promoter or not). This includes, but is not limited to, the Promoter’s Branded Marketer Network and their employees, the Promoter’s Service Stations, M&C Saatchi Abel, M&C Saatchi Connect, Standard Bank South Africa, FreshStop, COLONYCampaigns, and the immediate family members of aforesaid persons (including, but not limited to, spouses, life partners, parents, grandparents, siblings and children), and any other person who is controlled directly or indirectly by the Promoter, as well as the associated companies of entities or persons mentioned in this clause 2, including holding companies and subsidiaries, their employees, agents, subsidiaries and consultants. The promotion is also not open to any of the Promoters’ service station operators, staff and their immediate families (including, but not limited to, spouses, life partners, parents and children).
- Duration:
- The Promotion commences on 19 July 2024 at 00h01 and is valid while stocks last.
- Entry Mechanism & Entry Conditions:
- In order to enter the Promotion, a Participant must:
- Spend R350.00 (three hundred and fifty rand) or more on any fuel sold on the forecourt of any of the Promoter’s participating service stations located in the Republic of South Africa within the duration of the Promotion;
- request the receipt and retain the receipt as proof of purchase;
- Only the original unique till slip(s) for your purchase(s), dated and timed before the date and time of your entry, and clearly displaying purchase of the qualifying product(s) to the minimum value of R350.00 (three hundred and fifty rand) will be accepted. The receipt must not be written on or tampered with in any way. Should a potential winner not be able to provide the original or a scan or photograph of the original unique till slip to the Promoter on request, that potential winner will be disqualified. The qualifying products are subject to availability at time of purchase.
- Qualifying transactions give you a chance to scratch and stand a chance to win an instant prize
- In order to enter the Promotion, a Participant must:
- Number of entries:
- Multiple entries are permitted. However, each promotion entry must be for separate purchases of R350.00 or more (in a single purchase) on fuel (petrol or diesel) in accordance with entry requirements.
- If any entry was made in a manner, which, in the Promoter’s discretion, provides the participant with an unfair and undue advantage over other entrants, such a Participant will be disqualified from this, and all future Promotions, run by the Promoter. Should there be any dispute in this regard; the Promoter’s decision will be final. The Promoter reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
- The promoter reserves the right to disqualify any entry made by a participant using a till slip in respect of a purchase of fuel which the participant paid for using funds belonging to an employer, company or any other natural or juristic person (i.e. the participant paid for the qualifying fuel using another person’s money). Should there be any dispute in this regard; the Promoter’s decision will be final. The Promoter reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
- Prizes:
- Eligible Participants stand a chance to win one of 220 branded items
- Selection and awarding of items will be at the discretion of the Promoter
- The aforementioned prizes are non-refundable, non-transferable or exchangeable and the Winner(s) indemnifies the Promoter and its representatives against any harm in experiencing or using a prize to the fullest extent permitted by the Consumer Protection Act.
- Validation of a Winner:
- A valid winner will need to show proof of purchase and the winning scratch card to redeem their prize.
- Winner Prize Redemption:
- The Promoter reserves the right to request proof of purchase (to the Promoter’s satisfaction in its discretion) before issuing the prize.
- Each Prize, or any unused portion thereof, is non-refundable, non-transferable or exchangeable and the Winner indemnifies the Promoter and its representatives against any harm in using a prize.
- Forfeiture of the prize:
- If a prize has not been claimed or collected after 72 (seventy-two) hours of it being allocated to a Winner, or no reasonable effort is made on the part of the Winner to claim the prize, then the prize will be forfeited and will be allocated to a new Eligible Contestant that is selected in accordance with the provisions of the The Promoter and its promotional and advertising agents, merchandisers and organisers shall not be responsible for any decline of acceptance of prizes for any reason.
- The prizes shall not be awarded (and entries disqualified) if entry procedures or these Terms and Conditions have not been adhered to or if the Promoter detects and/or suspects any irregularities or fraudulent practices.
- Limitation of Liability:
- If for any reason, this Promotion cannot be run as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion subject to any written directions under applicable legislation. The Promoter also reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Therefore, the participant waives their right which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of against the Promoter, even if caused by the negligence of the Promoter.
- The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this Promotion.
- If required by the Minister of Trade and Industry and Competition, the National Consumer Commission or for whatever other reason, the Promoter will have the right to terminate this Promotion with immediate effect and without notice of such termination. In such an event, all Entrants hereby waive any rights, which they may have against us and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against the Promoters.
- The Promoter reserves the right to delete any information uploaded by a participant which the Promoter, in its absolute discretion, believes is illegal, obscene, offensive or defamatory, or infringes the intellectual property rights of a third party, or is otherwise inappropriate for a campaign designed for mass audience entertainment.
- The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the promotion and or prize/s except for any liability, which cannot be excluded by law. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this promotion, if the deficiency is occasioned by any cause outside the reasonable control of the Promoter, including without limitation, technical malfunctions or failures or warranties (including warranties and functionalities of the prizes).
If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining
- Promoter’s Decision Final:
- The Promoter’s decisions on all issues regarding the promotion will be final, binding and no correspondence will be entered into. The Promoter also reserves the right to:
- correct any errors or omissions regarding the Promotion, including on any published material; or
- suspend or terminate the Promotion, on written notice at any time, and such cancellation or termination shall be deemed to have taken effect from the date of such notice.
- The Promoter’s decision to disqualify an entry is final and no correspondence will be entered into.
- The Promoter’s decisions on all issues regarding the promotion will be final, binding and no correspondence will be entered into. The Promoter also reserves the right to:
- Publication of Winner(s):
- Eligible Participants that are selected as Winners, consent to having their names published, subject to a right of refusal in the following media:
- via the Promoter’s Social Media platforms
- Eligible Participants that are selected as Winners, consent to having their names published, subject to a right of refusal in the following media:
- Further Participation by a Winner:
- The Promoter may, after a Winner has been publicly announced, request that such Winner agrees in writing or otherwise to endorse, promote and advertise the goods or services of the Promoter, at no cost or expense to the Winner subject to right of refusal. The Winner may also be required to take part in publicity campaigns for broadcasting or publishing purposes and will be requested to consent to having their photograph taken for all press releases and/or social media. The Winner is entitled to refuse this request.
- Prize Winners, on acceptance of prizes, may be requested to be identified in publicity, broadcastings or publications with Promoter’s internal or external communications including social media, subject to a right of refusal. The Winner is entitled to refuse this request. Upon winning, their names (first name, last initial and town of residence) may also be announced on the Caltex Facebook page. Winners that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. The Winner is entitled to refuse this request.
- Participants warrant that they have full rights to the content that they upload and that the use of the said material shall not constitute a breach of any third party’s copyright or other intellectual property rights.
- Participants agree that by uploading their “images” and comments, they grant permission to the Promoter to use the images, comments or any part thereof unless specifically refused / declined consent/permission, in any and all media for the Promoter’s business purposes, including promotional/marketing purposes with no consideration payable to the participants. Such permission is perpetual and irrevocable. Participants release and agree to hold harmless the Promoter and all acting with their authority from any liability for such use and from any other claims arising from such use.
- Social media sites include but are not limited to, Facebook, Twitter, Instagram, YouTube. Original content includes but is not limited to, any piece of written content, audio or visual video or sound clips, images, photographs.
- If participants include any personal information of third parties in content that they upload or other information provided to the Promoter for purposes of the Promotion, they must be legally permitted to provide such information and to grant the permission referred to in clause 14, in respect of such information. Each participant indemnifies the Promoter against any losses suffered or claims made against the Promoter as a result of the participant not being legally permitted to provide such information or grant the Promoter permission to use it.
- Content created for the promotion may not be in any way derogatory or harmful to any party; public, entrants or promoters. Such content shall be removed and the creator banned from the site. Content which is seen to do the following shall be removed from the site and the creator will be banned: content that is perceived to be spam, the collection of personal information, content that serves a commercial purpose or content that is deemed malicious. The Promoter reserves the right to remove any such content from the site without prior warning. The Promoter reserves the right to judge these pieces of content and will use their own discretion in determining whether or not they are outside the guidelines set out in these terms and conditions.
- Indemnification:
- All Participants and Winners indemnify the Promoter, its directors, employees, contractors, advertising agencies, advisors, suppliers and agents against any risks, loss, claims or ownership arising from:
- the use or disposal of the prize including, but not limited to, accident, injury, harm, or loss;
- their participation in the Promotion, including any costs associated with such participation;
- All Participants and Winners indemnify the Promoter, its directors, employees, contractors, advertising agencies, advisors, suppliers and agents against any risks, loss, claims or ownership arising from:
- against any direct, indirect, special, incidental, consequential damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participants entrance to the Promotion;
- any subsequent transfer or exchange of the prize; and/or iv. any lawful cancellation or termination of the promotion or the correction of any errors or omissions within the Duration of the Promotion.
- This means that even if the Promoter is negligent, you will have no claim against them for any harm listed above.
- Neither Promoter nor its agents or distributors will have any liability in relation to this Promotion.
- The Promoter reserves the right to carry out reasonable due diligence to help ensure that the use of any such person in advertising or publicity for the Promotion will not bring the Promoter or any of the Promoter’s brands into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Promotion as determined by Promoter in its sole discretion.
- Data Privacy:
- For the purposes of this clause, the following definitions shall apply:
- “Applicable Law” means any applicable South African law, including inter alia, the common law, statute, subordinate legislation, treaty, guideline, directive, rule, by-law, regulation, ordinance, protocol, code, standard, requirement, order, judgment, injunction, award or decree of any applicable governmental authority having the force of law;
- “Data Breach” means any loss, damage or unauthorised access or acquisition of Personal Information;
- For the purposes of this clause, the following definitions shall apply:
- “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with Data Protection Legislation in the relevant jurisdiction, and includes South Africa’s Information Regulator who is established in terms of section 39 of POPIA;
- “Data Protection Legislation” means any Applicable Law related to data protection or data privacy laws, including but not limited to POPIA, the Electronic Communications and Transactions Act 25 of 2002 and the Consumer Protection Act 68 of 2008;
- “Data Subject” means the person to whom Personal Information relates;
- “Personal Information” means all information relating to individuals that is Processed in terms of this Agreement and where applicable, information relating to an identifiable, existing juristic person, and also has the meaning given to an equivalent term under Data Protection Legislation;
- “Process” means any operation or activity or set of operations, whether or not automatic concerning Personal Information including to collect, receive, record, organise, collate, store, develop, retrieve, consult, use, disseminate or perform any other act or action, including any other act or action which may be treated or defined as “process” or “processing” in terms of any applicable law (including Data Protection Legislation). The word “Processed” shall have a corresponding meaning;
- “Representatives” means, in respect of a person, the directors, officers and employees employed by, and contractors, consultants and agents engaged by, the person;
- “Responsible Party” means a public or private body or any other person that, alone or in conjunction with others, determines the purpose of and means for Processing Personal Information, and also has the meaning given to an equivalent term under Data Protection Legislation;
- The Promoter will comply with its obligations under Data Protection Legislation in relation to Personal Information in respect of which it is the Responsible Party.
- The Parties acknowledge that the Promoter may from time to time receive, transfer or otherwise Process Personal Information under the Agreement. The Promoter will process all Personal Information processed in connection with its performance in terms of the Agreement in accordance with all Applicable Law including Data Protection Legislation, this clause and all reasonable requests from time to time with respect to protecting Personal Information, including restricting employee and agent/sub-contractor access to Personal Information.
- To the extent that the Promoter Process Personal Information as an “Operator” (as defined in the Data Protection Legislation) on behalf of an entrant / Eligible Contestant or in performing its obligations under the Agreement, the Promoter shall:
- only Process Personal Information for the purposes of performing its obligations under the Agreement or as otherwise authorised in writing;
- treat all Personal Information which comes to its knowledge as confidential and not disclose such information without prior written consent, except as required by law;
- not sub-contract the Processing of Personal Information to a third party, or transfer the Personal Information outside of South Africa, without prior written authorisation;
- secure the integrity and confidentiality of Personal Information in its possession or under its control by taking appropriate and reasonable technical and organisational measures to protect Personal Information against loss, damage, unauthorised destruction and unlawful access or Processing;
- immediately notify the other Party where there are reasonable grounds to believe that Personal Information has been lost, damaged, accessed or acquired by any unauthorised person;
- assist each other to comply with any of its obligations under Data Protection Legislation in relation to Personal Information Processed, notification of Data Breaches, requests by Data Subjects for access to, or correction or deletion of, their Personal Information and any investigation or assessment conducted or direction given by a Data Protection Authority;
- except as required by law or agreement between the parties, return or destroy all Personal Information when it is no longer required for purposes of this Agreement, on termination of the Agreement for any reason, if required by law or on request be either Party at any time.
- Unless otherwise agreed between the Parties in writing, the obligations of this clause shall survive expiration or termination of the Agreement for any reason.
- For further details regarding this Processing, please see Astron Energy’s privacy statement: https://www.astronenergy.co.za/privacy-policy/
- Applicable Law and Jurisdiction:
- Independent registered auditors and/or attorneys will oversee this Promotion.
- The laws of South Africa apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of South Africa.
- Contact the Promoter:
For any queries, do contact the Promoter’s Customer Service Centre via email zaservice@astronenergy.co.za or phone 086 030 0860 during operating hours: Monday to Friday, 07h00 to 17h00, excluding Public Holidays. Physical address 5 Century Boulevard, Century City, 7441.
*Disclaimer: Information was correct at time of publishing but may be subject to change