Summer Yama millions - Caltex South Africa

Caltex Summer yama

2023 CALTEX SUMMER YAMA MILLIONS COMPETITION TERMS AND CONDITIONS

Please read these terms and conditions (“Terms”) carefully. The Terms set out below apply to all participants entering the Caltex Summer Yama Millions Competition (“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.

This Competition is supported on the Caltex South Africa Facebook Page (@Caltex SA – https://www.facebook.com/CaltexSA/), and Caltex South Africa Instagram Page (@Caltex SA – https://www.instagram.com/caltexsa/). This Competition is supported by various marketing efforts to drive awareness.

The Promoter reserves the right to amend the Terms at any time during the Competition by posting such amendments on Caltex South Africa’s Facebook page (@Caltex SA – https://www.facebook.com/CaltexSA/).

1. Eligible Contestants:
1. a. The Competition is only open to all South African Citizens over the age of 18, (“Eligible Contestants”) except for Excluded Contestants.
2. b. The Competition will only take place in the Republic of South Africa.

2. Excluded Contestants:
1. a. This Competition is only open to the general public who are not employees of the Promoter, its brand team, 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 Competition (whether that person is employed by the Promoter or not) – including but not limited to Astron Energy Service Stations, Caltex Service Stations, FreshStop, and the immediate family members of aforesaid persons (including, but not limited to, spouses, life partners, parents and children), and any other person who is not employed directly by the Promoter.

3. Duration:
1. a. The Competition commences on Wednesday, 25 October 2023 at 00h01 and will end on Sunday, 31 December 2023 at 23h59, (“Competition Period”).
2. b. Any entries received outside of the Competition Period will be deemed invalid, disqualified automatically, and will not be considered.
3. c. Winners will be selected through a digital process via a randomised picker.

4. Entry Mechanism & Entry Conditions for the Social Media Competition:
1. a. In order to enter the Competition, an Eligible Contestant must:
  1. i. Spend R250 (two hundred and fifty Rand) or more on the forecourt including fuel and lubricants only (“Transaction“) at any of the Promoter’s participating service stations located in the Republic of South Africa within the Competition Period;
  2. ii. request the receipt and retain the receipt as proof of the Transaction; and
  3. iii. enter the Competition via either of the following channels:
  4. USSD or WhatsApp:
    Dial *120*5010# or enter via WhatsApp +2764 751 1030 and follow the prompts to answer. Please keep your receipt as proof of purchase for verification purposes. We also recommend saving a copy of your receipt on your cell phone. You will then be entered into the Competition. Do not send an SMS to *120*5010#
2. b. Entrants will be liable for the standard rates that apply at 20c (twenty cents) per 20 (twenty) seconds when entering via USSD and data fees for WhatsApp entries – different networks are subject to charge different rates.
3. c. Due to network restrictions, the USSD session will timeout after 120 (one hundred and twenty) seconds.
4. d. Free minutes do not apply.
5. e. Incomplete entries will be billed to the relevant service provider.
6. f. The Promoter shall not be responsible for telecommunication failure on the part of the entrant’s service provider.
7. g. An Eligible Contestant must enter on a cell phone that is owned and registered to that Eligible No entrant can use another person’s cell phone or cell phone number for the entry into the Competition. If it is discovered that an Eligible Contestant has entered on a cell phone or a cell phone number that is not registered to that Eligible Contestant, he/she will automatically cease to be an Eligible Contestant, will be disqualified, and will be required to refund to the Promoter any prize(s) that such Eligible Contestant may have received from the Promoter. This is to avoid fraud and ensure compliance with the Consumer Protection Act, 2008 (“CPA”).
8. h. No Eligible Contestant can enter the Competition using more than one cell phone number. This is to avoid additional fraud being conducted by multiple SIM card owners.
9. i. The cell phone number is key to all entries. If an Eligible Contestant has won on a cell phone number, they cannot use another cell phone number in order to be contacted further. Eligible Contestants must enter using a phone number that is contactable during office hours i.e. 08h00 to 17h00, Monday to Friday, excluding Public Holidays.

5. Number of entries:
1. a. The more times an Eligible Contestant enters the Competition, the better their chances of winning.
2. b. An Eligible Contestant may only win once during the Competition Period.
3. c. Only entries that occurred during the Competition Period will be valid.

6. Prize:

Eligible Contestants stand a chance to win:
a) A Toyota Cross 1.8 XR CV valued at R500 000; and
b) if the Winner selected to win the prize in 6(a) is a member of Standard Bank UCount Rewards programme at the time of the draw, the Winner will in addition to the Prize in 6 (a) receive 150,000 (R15,000) UCount Rewards Points. The Standard Bank UCount Rewards terms and conditions apply.
c) 125 FreshStop vouchers valued at R2 000 each
d) 125 cash vouchers valued at R2 000 each

Selection of a Winner:
1. a. Winner(s) will be randomly selected from the pool of valid entries of Eligible Contestants on the following dates:
  i. The winner of the Motor Vehicle and Standard Bank UCount Rewards additional prize (if applicable) will be randomly selected by means of a computer generated random draw at the end of this Promotion. The draw will take place on Monday 8th January 2024.
  ii. If the Winner of the car has indicated they are a member of the Standard Bank UCount Rewards programme, the Winner’s details will be forwarded to Standard Bank UCount, who will automatically award the Winner of the car with the additional prize of 150,000 (R15,000) UCount Rewards points, by crediting the Winner’s UCount Rewards account provided the Winner:
2. * has indicated via either method of entry in clause 4 that they are a UCount Rewards member; and
3. * has used their qualifying Standard Bank personal or business Credit, Cheque or Debit Card to pay for fuel to enter the Competition; and
4. * is further validated by Standard Bank UCount Rewards as being an ACTIVE UCount Rewards Member during the Competition Period and at time of draw.
5. iii. The winners of the FreshStop vouchers and the cash vouchers will be drawn weekly on 2, 9, 16, 23 & 30 November; 7, 14, 21 & 28 Dec 2023 & 3 January 2024
6. b. FreshStop Rewards:
7. i. 125 randomly selected entrants via a lucky draw from the USSD or WhatsApp will each win R2 000 cash from FreshStop Rewards which will be automatically credited to their FreshStop Rewards App wallet as cash. This cash can be withdrawn when:
8. * the Winner is notified by the promoter that they have won and their entry has been verified and validated
9. * the promoter informs FreshStop Rewards to credit the Winner via the cell number provided (with the Caltex Summer Yama Millions promotion entry) with R2 000 cash on the FreshStop Rewards App back end and
10. * the Winner downloads the FreshStop Rewards Programme app via Google Play
11. * https://play.google.com/store/apps/details?id=com.jnz.freshstop
  or App Store
  https://www.apple.com/za/search/freshstop?src=globalnav
12. * the Winner registers to become a member on the FreshStop Rewards Programme using same name, surname and cell phone number. The Cell phone number must be the same one used to enter the Caltex Summer Promotion. Membership is free.
13. * the Winner’s wallet will automatically be credited with the R2000 CASH prize by FreshStop. The R2,000 can be cashed out into the member’s selected bank account by selecting the “REWARD ME” button on the Cash page. Please allow for up to 5 working days when payment is made between two different bank accounts.
14. c. 125 randomly selected entrants via a lucky draw from the USSD or WhatsApp will each win R2 000 cash.
15. i. The Winner will be paid via eWallet.
16. ii. The Prize Winners will receive an SMS notification on the cellphone number used to enter the competition. They can redeem their prize at any ATM (cardless transaction).
17. d. The draws will take into consideration all entries received on the day on which the last draw was conducted up until the day before the next draw
18. e. Winners will be announced on Caltex’s Facebook, Instagram and X pages.

7. Contacting and validation of a Winner:
1. a. COLONYCampaigns, the company nominated by the Promoter will be responsible for validating Winners and the arrangements for collection and distribution of prizes.
2. b. COLONYCampaigns will contact a potential prize winner (“Winner”) by telephone (“Telephone Call”) to the cell phone number used to enter the Competition by that potential prize Winner.
3. c. Such contacted potential prize Winner will then be required to provide proof of the Transaction, a copy of their ID, valid driver’s license/ temporary driver license, and a Winner’s release form (which will be provided by the company nominated by the Promoter) within 48 (forty-eight) hours from receiving the Telephone Call by the company nominated by the Promoter. Failing or refusing to do so for any reason, the potential prize Winner will be deemed to have rejected the Prize and it shall revert to the Promoters.
4. d. The Promotion organisers will endeavour to contact a Winner once every day for 3 consecutive working days after their name is drawn and entry has been finalised and leave a voice message (if possible to do so), in order to verify their details. However, if the Winner cannot be reached and does not return the call within 24 (twenty-four) hours of the last voice message being left on the third working day of attempting to contact a Winner, the prize will be forfeited and another Winner will be selected in accordance with the provisions of the terms and conditions of the Promotion.
5. e. Entrants’ and Winners’ personal information will be handled in accordance with the Protection of Personal Information Act (“POPIA”) as per clause 14 below.

8. Winner Prize Redemption:

a. The Promoter shall not be responsible for any delay in delivery or failure of the safe delivery of prizes.
b. The Promoter reserves the right to request proof of identity and proof of residency/ address (to the Promoter’s satisfaction in its discretion) before issuing the prize.
Prizes, or any unused portion thereof, are non-refundable, non-transferable or exchangeable.
c. The Winner of the 2023 Toyota Cross 1.8 XR CV, will be required to collect their vehicle from the Caltex Service Station within the province/ town in which they entered from within 20 working days. Details of the handover to be provided to the verified winner.
i. The travel costs that a Winner may incur to collect their prize is for their own account.
ii. Toyota SA will assist with the licensing and registration of the motor vehicle.
iii. The Promoter will arrange insurance prior to the vehicle being handed over to the winner. The winners will be responsible for insuring the motor vehicle, at the winners own costs, upon receipt of said vehicle from the Promoter and provide copy of insurance certificate

9. Forfeiture of the Prize:

a. The Promoter or its nominated prize-fulfilment agency will attempt to deliver the prize twice to the Winner. If the delivery is unsuccessful, the prize will be returned, and it will be the Winner’s responsibility to claim or collect the prize. If a prize has not been claimed or collected by a Winner of their authorised representative after 72 (seventy- two) hours of it being returned to the Promoter, 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 Terms. The Promoter and its prize-fulfilment agency, merchandisers and Promoters shall not be responsible for any decline of acceptance of prizes for any reason.
b. The prizes may not be awarded (and entries disqualified) if entry procedures or the Terms have not been adhered to or if the Promoter detects and/or suspects any irregularities or fraudulent practices.

10. Promoter’s Decision Final:

a. The Promoter’s decisions on all issues regarding the Competition, including the decision to disqualify an entry, will be final, binding and no correspondence will be entered into. The Promoter also reserves the right to:
1. i. correct any errors or omissions regarding the Competition, including on any published material; or
2. ii. suspend or terminate the Competition, on written notice at any time, and such cancellation or termination shall be deemed to have taken effect from the date of such notice.

11. Limitation of Liability:

a. 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 downloading any materials in this Competition.
b. If required by the Minister of Trade and Industry, the National Consumer Commission or for whatever other reason, the Promoter will have the right to terminate this Competition with immediate effect and without notice of such termination. In such an event, all entrants hereby waive any rights, which they may have against the Promoter and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against the Promoter.
c. The Promoter 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 Competition and the Promoter reserves its right to claim recover damages or other compensation from such an offender.
d. 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.
e. 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 Competition and or prize/s except for any liability, which cannot be excluded by law.
f. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this Competition 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).
g. If any provision of this Agreement is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision will be severed from the remaining provisions and shall not affect the validity or enforceability of such remaining provisions.

h. Standard Bank assumes:

i. no risk and/or liability whatsoever for the failure of any technical element in the Promotion which may result in an entrant’s entry not being successfully submitted and/or a Prize Winner not successfully receiving or taking up a Prize. Once a Prize Winner accepts a Prize, such Prize Winner accepts such Prize at his/her own risk.
ii. no liability whatsoever for any direct or indirect loss, harm or damage arising from an entrant’s participation and/or any Prize awarded in the Promotion or for any loss or damage, howsoever arising. All persons, whilst participating in this Promotion, indemnify and hold Standard Bank harmless for any loss, damage, harm or injury (whether arising from negligence or otherwise) which may be sustained as a result of any claim, costs, expense, loss or damages which may be made by any third party.

12. Indemnification:

a. To the fullest extent permitted by law, including the CPA, all entrants, Eligible Contestants and Winners indemnify the Promoter, its directors, employees, contractors, advertising agencies, advisors, suppliers and agents against any risks, loss, claims or ownership arising from:
i. the use or disposal of the prize including, but not limited to, accident, injury, harm, or loss;
ii. their participation in the Competition, including any costs associated with such participation;
iii. any subsequent transfer or exchange of the prize; and/or
iv. any lawful cancellation or termination of the Competition or the correction of any errors or omissions within the Competition Period.
b. This means that even if the Promoter is negligent, you will have no claim against them for any harm listed above.

b. This means that even if the Promoter is negligent you will have no claim against them for any harm listed above.

13. Data Privacy:
1. For the purposes of this clause, the following definitions shall apply:
2. 1. i. “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;
  3. ii. “Data Breach” means any loss, damage or unauthorised access or acquisition of Personal Information;
  5. iii. “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;
  7. iv. “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;
  9. v. “Data Subject” means the person to whom Personal Information relates;
  11. vi. “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;
  13. vii. “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;
  15. viii. “Representatives” means, in respect of a person, the directors, officers and employees employed by, and contractors, consultants and agents engaged by, the person;
  17. ix. “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;
3. b. 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.
5. c. 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.
7. d. 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:
8. 1. i. only Process Personal Information for the purposes of performing its obligations under the Agreement or as otherwise authorised in writing;
  3. ii. 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;
  5. iii. 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;
  7. iv. 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;
  9. v. 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;
  11. vi. 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;
  13. vii. 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.
9. e. Unless otherwise agreed between the Parties in writing, the obligations of this clause shall survive expiration or termination of the Agreement for any reason.
11. f. For further details regarding this Processing, please see Astron Energy’s privacy statement: https://www.astronenergy.co.za/privacy-policy/

14. Applicable Law and Jurisdiction:

a. Independent registered auditors and/or attorneys may oversee this Competition.
b. The laws of South Africa apply to this Competition and 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, please 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.

*Disclaimer: Information was correct at time of publishing but may be subject to change.

2023 CALTEX SUMMER YAMA MILLIONS COMPETITION TERMS AND CONDITIONS

Please read these Terms and Conditions (“Terms”) carefully. The Terms set out below apply to all participants entering the Caltex Summer Yama Millions 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.
The Promoter reserves the right to amend these terms and conditions at any time during the Competition.
1. Eligible Contestants:
a. The Competition is only open to all South African Citizens over the age of 18, except for Excluded Contestants (Eligible Contestants).
b. The Competition will only take place in the Republic of South Africa.
2. Excluded Contestants:
a. This competition is only open to the general public who are not employees of the Promoter.
b. The competition is not open to the employees of the Promoter, its brand team, 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 competition (whether that person is employed by the Promoter or not) – including but not limited to Caltex Service Stations, FreshStop, and the immediate family members of aforesaid persons (including, but not limited to, spouses, life partners, parents and children), and any other person who is not employed directly by the Promoter.
3. Duration:
a. The Competition commences on Wednesday, 25 October, 00h01 and will end on Sunday, 31 December 2023 at 23h59.
b. Any entries received outside of the duration of the Competition will be deemed invalid, disqualified automatically, and will not be considered.
c. Winners will be selected through a digital process via a randomised picker.
4. Entry Mechanism & Entry Conditions:

a. In order to enter the Competition, an Eligible Contestant must:
i) Follow Caltex’s Facebook, Instagram
ii) Respond to Caltex’s competition posts with the appropriate video / image requested, tag Caltex and include the associated hashtags “ #CaltexSummer or #SummerYamaMillions” in the response.
iii) Entrants can also upload their responses to the @CaltexSA platforms using the associated hashtags mentioned above.

5. Number of entries:

a. The more times an Eligible Contestant enters the Competition, the better their chances of winning
b. An Eligible Contestant may only win once during the Competition period.
c. Only entries that occurred during the Competition period will be valid.
6. Prizes:
a. Eligible Contestants entering the #CaltexSummer/ #SummerYammaMillions social media competition stand a chance to win 1 of 2 weekly cash vouchers valued at R500.
i. The Winner will be paid via eWallet.
ii. The Prize Winner will receive an SMS notification on the cellphone number used to enter the competition. They can redeem their prize at any ATM (cardless transaction).
b. The number of prizes to be given away each week is two, so twenty (20) prizes in total.
c. Prizes will be drawn using a randomised digital selection process.
d. Total prize value over the campaign period (25 October – 31 December 2023) amounts to R10 000.
e. Each prize is valid for a period of three years once claimed by the winner.
7. Selection of a Winner:
a. Winner(s) will be randomly selected from the pool of valid entries of Eligible Contestants on the following dates:
i. Draw 1 – 02 Nov 2023
ii. Draw 2 – 09 Nov 2023
iii. Draw 3 – 16 Nov 2023
iv. Draw 4 – 23 Nov 2023
v. Draw 5 – 30 Nov 2023
vi. Draw 6 – 07 Dec 2023
vii. Draw 7 – 14 Dec 2023
viii. Draw 8 – 21 Dec 2023
ix. Draw 9 – 28 Dec 2023
x. Draw 10 – 03 Jan 2024

b. The draws will take into consideration all entries received on the day on which the last draw was conducted up until the day before the next draw.
c. Winners will be announced on Caltex’s Facebook, Instagram and Twitter pages.

8. Contacting of a Winner:
a. COLONYHQ (PTY) Ltd, the company nominated by the Promoter (‘Notifier’) will contact the potential prize Winners by telephone (“Telephone Call”) to the cell phone number used to enter the promotion by that potential prize Winner.
b. The Notifier will endeavour to contact the Winner once every day for 3 consecutive working days after their name is drawn and leave a voice message (if possible to do so), in order to verify their details. However, if the Winner cannot be reached and does not return the call within 24 hours of the last voice message being left on the third working day of attempting to contact a Winner, the prize will be forfeited and another Winner will be selected in accordance with the provisions of the Terms.
c. Such contacted potential prize Winner, will then be required to provide a copy of their ID and a Winners release form (which will be provided by the company nominated by the Promoter) within 48 hours from receiving the Telephone Call by the Notifier, failing or refusing to do so for any reason, the potential Winner will be deemed to have rejected the Prize and it shall revert to the Promoters.
d. Entrants’ and Winners’ personal information will be handled in accordance with the Protection of Personal Information Act (POPIA).
9. Winner Prize Redemption:

a. The Winner will be paid via eWallet.
b. The Prize Winner will receive an SMS notification on the cellphone number used to enter the competition. They can redeem their prize at any ATM (cardless transaction).
c. The Promoter shall not be responsible for any delay in delivery or failure of safe delivery of prizes.
d. The Promoter reserves the right to request proof identity and proof of residency address (to the Promoter’s satisfaction in its discretion) before issuing the prize.
e. Prizes, or any unused portion thereof, are non-refundable, non-transferable or exchangeable and the Winner 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.
10. Forfeiture of the prize:

a. The Promoter or its nominated prize-fulfilment agency will attempt to deliver the prize twice to the Winner. If the delivery is unsuccessful, the prize will be returned, and it will be the Winner’s responsibility to claim or collect the prize. If a prize has not been claimed or collected by a Winner of their authorised representative after 72 (seventy two) hours of it being returned to the Promoter, 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 this Agreement. The Promoter and its prize-fulfilment agency, merchandisers and Promoters shall not be responsible for any decline of acceptance of prizes for any reason.
b. The prizes may 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.
11. Promoter’s Decision Final:

a. The Promoter’s decisions on all issues regarding the Competition will be final, binding and no correspondence will be entered into. The Promoter also reserves the right to:
i. correct any errors or omissions regarding the Competition, including on any published material; or
ii. suspend or terminate the Competition, on written notice at any time, and such cancellation or termination shall be deemed to have taken effect from the date of such notice.
b. The Promoter’s decision to disqualify an entry is final and no correspondence will be entered into.

12. Limitation of Liability:

a. 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 Competition.

b. If required by the Minister of Trade and Industry, the National Consumer Commission or for whatever other reason, the Promoter will have the right to terminate this Competition with immediate effect and without notice of such termination. In such an event, all Entrants hereby waive any rights, which they may have against the Promoter and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against the Promoter. 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 Competition and the Promoter reserves its right to claim recover damages or other compensation from such an offender.

c. 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.

d. 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 Competition 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 Competition 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).

e. If any provision of this Agreement is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision will be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.

13. Indemnification:

a. To the fullest extent permitted by law, all Eligible Contestants and Winners indemnify the Promoter, its directors, employees, contractors, advertising agencies, advisors, suppliers and agents against any risks, loss, claims or ownership arising from:
i. the use or disposal of the prize including, but not limited to, accident, injury, harm, or loss;
ii. their participation in the Competition, including any costs associated with such participation;
iii. any subsequent transfer or exchange of the prize; and/or
iv. any lawful cancellation or termination of the Competition or the correction of any errors or omissions within the Duration of the Competition.
b. This means that even if the Promoter is negligent you will have no claim against them for any harm listed above.

14. Data Privacy:
a. For the purposes of this clause, the following definitions shall apply:

i. “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;

ii. “Data Breach” means any loss, damage or unauthorised access or acquisition of Personal Information;

iii. “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 the Protection of Personal Information Act 4 of 2013 (“POPIA”);

iv. “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;

v. “Data Subject” means the person to whom Personal Information relates;

vi. “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;

vii. “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;

viii. “Representatives” means, in respect of a person, the directors, officers and employees employed by, and contractors, consultants and agents engaged by, the person;

ix. “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;

b. 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.

c. 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.

d. To the extent that the Promoter Process Personal Information as an “Tennant” (as defined in the Data Protection Legislation) on behalf of a Eligible Contestant or in performing its obligations under the Agreement, the Promoter must:

i. only Process Personal Information for the purposes of performing its obligations under the Agreement or as otherwise authorised in writing;

ii. 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;

iii. 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;

iv. 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;

v. 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;

vi. 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;

vii. 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.

viii. Unless otherwise agreed between the Parties in writing, the obligations of this clause shall survive expiration or termination of the Agreement for any reason.
e. For further details regarding this Processing, please see Astron Energy’s privacy policy: https://www.astronenergy.co.za/privacy-policy/
15. Applicable Law and Jurisdiction:
a. Independent registered auditors and/or attorneys may oversee this Competition.
b. The laws of South Africa apply to this Competition and to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of South Africa.
20. Contact the Promoter:

For any queries, do contact the Promoter’s Marketing team by emailing CaltexBrandTeam@astronenergy.co.za. during operating hours: Monday to Friday, 07h00 to 17h00, excluding Public Holidays.

*Disclaimer: Information was correct at time of publishing but may be subject to change.

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Caltex South Africa - Quality Fuels & Clean Petrol Stations

2023 CALTEX SUMMER YAMA MILLIONS COMPETITION TERMS AND CONDITIONS

2023 CALTEX SUMMER YAMA MILLIONS COMPETITION TERMS AND CONDITIONS