Match Your Payday - Caltex South Africa

CALTEX WIN WHEELS PROMOTION

TERMS AND CONDITIONS

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

This Competition 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 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 SÁ – 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, Astron Energy Branded Marketer service station network and their employees, Standard Bank South Africa, Sapphire Logistics (Pty) Ltd, COLONYCampaigns, M&C Saatchi Group, 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 Friday, 07 April 2023 at 11:00 and will end on Wednesday, 17 May 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. Follow Caltex’s Facebook, Instagram and Twitter pages (@CaltexSA) in response to Caltex’s posts on these platforms about this Competition;
  2. ii. Tag @CaltexSA and use the hashtag #BigCaltexFlex in a comment, photo, or video on one or more of the Caltex social media platforms, namely Facebook, Instagram and Twitter pages (@CaltexSA) and/or Take a picture of yourself at a Caltex service station and tell us where their journey takes them using the hashtag #BigCaltexFlex
2. b. Eligible Contestants can take a picture anywhere at the Caltex site except at the fuel pump/s.
3. c. Eligible Contestants must only use their own photos/videos and/or provide proof of
4. d. consent from the person who took the photo/video and any other persons that may be in the photo/video submitted.
5. e. Entrants acknowledge that they are required to comply with the requirements of the Protection of Personal Information Act (“POPIA”).

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.

6. Prize:

One Eligible Contestant stands a chance to win one “fuel for a year” voucher – valued at R36 000 (“Prize”).

7. Selection of a Winner:
1. a. Our prize-fulfilment agency, COLONYCampaigns, will randomly draw one winner from the pool of valid entries of Eligible Contestants at the end of the Competition Period.
2. b. The draw for the Prize will take place on 19 May 2023.
3. c. The draw will take into consideration all valid entries received during the Competition Period.

8. 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 the Prize.
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 a copy of their ID, valid driver’s license/ temporary driver license, any other proof that may be required in terms of clause c above 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 these Terms.
5. e. Winners will be announced on Caltex’s Facebook, Instagram and Twitter
6. f. All entrants and the Winner’s personal information will be handled in accordance with POPIA as per clause 14

9. Winner Prize Redemption:

a. The Promoter shall not be responsible for any delay in delivery or failure of the safe delivery of the Prize.
b. The Promoter reserves the right to also request proof of residency/ address (to the Promoter’s satisfaction in its discretion) before issuing the Prize.
c. The Prize, or any unused portion thereof, is non-refundable, non-transferable or exchangeable.

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 the Prize has not been claimed or collected by a Winner or 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 the Prize for any reason.
b. The Prize 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.

11. 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.

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 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 entrance into the Competition, the Competition and or Prize 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 Prize).
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.

13. 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:
1. i. the use or disposal of the Prize including, but not limited to, accident, injury, harm, or loss;
2. ii. their participation in the Competition, including any costs associated with such participation;
3. iii. any subsequent transfer or exchange of the Prize; and/or
4. 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.

14. Data Privacy:
1. For the purposes of this clause, the following definitions shall apply:
  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;
  2. ii. “Data Breach” means any loss, damage or unauthorised access or acquisition of Personal Information;
  3. 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;
  4. 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;
  5. v. “Data Subject” means the person to whom Personal Information relates;
  6. 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;
  7. 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;
  8. viii. “Representatives” means, in respect of a person, the directors, officers and employees employed by, and contractors, consultants and agents engaged by, the person;
  9. 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;
2. b. The Promoter and the entrant (“Parties”) will comply with their obligations under Data Protection Legislation in relation to Personal Information in respect of which they are the Responsible Party.
3. 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.
4. 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:
  1. i. only Process Personal Information for the purposes of performing its obligations under the Agreement or as otherwise authorised in writing;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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;
  7. 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.
5. 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.
6. f. For further details regarding this Processing, please see Astron Energy’s privacy statement: 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.

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.

Top

Caltex South Africa - Quality Fuels & Clean Petrol Stations

CALTEX WIN WHEELS PROMOTION

TERMS AND CONDITIONS