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regarding BLACK CAT and its products and services. Copyright of information
contained in this website is owned by BLACK CAT. You may use this information
and reproduce it in hard copy for your own personal reference use only.
INFORMATION PURPOSES ONLY
This website is only intended to provide general information
regarding BLACK CAT and its products and services. It is not intended to
provide exhaustive treatment of any subject dealt with and BLACK CAT expressly
reserves the right, in its sole and absolute discretion, to alter or amend any
criteria or information set out in this website without notice. Accordingly,
the information in this website is not intended to constitute financial,
accounting, tax, legal, investment, consulting or other professional advice or
services. Before making any decision or taking any action, which might affect
your personal finances or business, you should consult a qualified professional
advisor. This website could include technical or other inaccuracies or
typographical errors. Changes are periodically added to the information herein
and these changes will be incorporated in new editions of this website. BLACK
CAT may make improvements and/or changes to this website at any time.
LINKS TO THIRD PARTY SITES
Hyperlinks or other external computer links may be provided
for your convenience, but they are beyond the control of BLACK CAT and no
representation or endorsement is made as to their content. Use of or reliance
on any hyperlinks or other external computer links that may be provided is at
your own risk.
This website and the information contained thereon or
referenced thereby is provided "as is" and BLACK CAT makes no express
or implied warranties, representations, statements or guarantees (whether
express, implied in law or residual) with regard thereto. Without limiting the
generality of the aforementioned:
CAT does not warrant that the website or information will be error-free or
will meet any particular criteria of accuracy, completeness or reliability
of information, performance or quality. BLACK CAT expressly disclaims all
implied warranties, including, without limitation, warranties of
merchantability, title, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy; and
BLACK CAT has taken reasonable measures to ensure the integrity of this
website and its contents, no warranty, whether express or implied is given
that any files, downloads or applications available via this website are
free of viruses or any other data or code which has the ability to corrupt
or affect the operation of your system in any manner whatsoever.
RISK & LIMITATION OF LIABILITY
Your use of this website and the information contained
therein is entirely at your own risk and you assume full responsibility and
risk of loss resulting from the use thereof. Neither BLACK CAT, its affiliated
companies, holding company, subsidiaries or subsidiaries of its holding
company, or their respective shareholders, agents, directors, consultants or
employees will be liable for any damages whatsoever which may be suffered by
you or any third party as a result of or which may be attributable, directly or
indirectly, to the access and use of or reliance upon any information, links or
service provided through this website, including, without limitation any
direct, indirect, special, incidental, consequential or punitive damages,
whether in an action arising out of contract, statute, delict or otherwise. You
hereby indemnify BLACK CAT and waive any rights you may have or obtain against
BLACK CAT in respect of any loss, liability, damage (whether direct or
consequential) or expense of any nature whatsoever, which may be suffered by
such you and/or third party as a result of or which may be attributable
directly or indirectly to any of the aforesaid. Without limiting the generality
of the a-foregoing BLACK CAT shall not be responsible for and disclaims all
liability for any loss, expense or damage of whatever nature incurred or
sustained by you or any third party, due to:
failure and/or unavailability of the website for any reason whatsoever
and/or the failure/delay by any third party service provider to render any
services which are necessary to ensure the availability and proper
functioning of the website; and
use of or reliance on any information offered on or via the website.
BLACK CAT reserves its rights to amend the content of the
website, at any time and without any notice. These terms shall be governed by
and construed in accordance with the laws of the Republic of South Africa. You
hereby consent to exclusive jurisdiction of the High Court of South Africa in
respect of any disputes arising in connection with these terms or any matter
related to or in connection therewith.
BLACK CAT BOOST YOUR ENERGY & WALLET - T&Cs ("COMPETITION RULES")
1.1 In these Competition Rules, the following definitions apply (unless the context clearly indicates a contrary intention):
1.1.1 the Act means the Consumer Protection Act, 2008 (Act No. 68 of 2008);
1.1.2 Business Day means a day other than a Saturday or a Sunday or a day which from time to time is a proclaimed public holiday in the Republic of South Africa;
1.1.3 Competition Rules means these rules, as required by Section 36 of the Act;
1.1.4 Participant means an individual who enters the Promotional Competition and meets the criteria set out in any natural person who qualifies in terms of clause 4.1;
1.1.5 POPI means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);
1.1.6 Promoter means Tiger Consumer Brands Limited;
1.1.7 Promotional Competition means the competition to which these rules pertain as run by the Promoter during the Promotion Period;
1.1.8 Promotion Period means the period starting on 15 January 2021, and closing on 25 April 2021, at 00h00. No late entries will be accepted;
1.1.9 Prize means as further described in clause 6;
1.1.10 Redeemable Period means the period that the Winners have to redeem their Prize being within 2 (two) weeks of the Winner being notified of their selection as a Winner;
1.1.11 Winner means a Participant who is successful in the Promotional Competition and is notified as such by the Promoter in terms of clause 7.
The Promoter is offering a Promotional Competition in terms of which the Participants can enter the Promotional Competition in order to win the Prize, in terms of the Competition Rules set out herein.
3 The Consumer Protection Act
3.1 The Competition Rules contain certain terms and conditions which may:-
3.1.1 limit the risk or liability of the Promoter, or any relevant third party; and/or
3.1.2 create risk or liability for the Participant; and/or
3.1.3 compel the Participant to indemnify the Promoter or a relevant third party; and/or
3.1.4 serve as an acknowledgement, by the Participant, of certain facts.
4 The Participant
4.1 The Participant must be;
4.1.1 a natural person and may not be a juristic person;
4.1.2 18 (eighteen) years or older; and
4.1.3 a permanent resident or citizens of the Republic of South Africa.
4.2 The Participant, by entering into the Promotional Competition, expressly acknowledges that he/she has been given an appropriate opportunity to first read the Competition Rules before entering the Promotional Competition and that he/she understands and thereby agrees to the Competition Rules.
4.3 It is a material term of the Promotional Competition that all Participants’ to this Promotional Competition participate entirely at their own risk.
4.4 No director, employee, agent or consultant of the Promotor(s), or their spouses, life partners, business partners or immediate family members, or the supplier of goods and services in connection with this competition may participate in this competition.
5 How to enter
5.1 To enter this Promotional Competition Participants must purchase Black Cat Peanut Butter 800g OR Black Cat Peanut Butter 400g plus All Gold Jam 640g plastic tub, and dial *120*3838# and follow the prompts or WhatsApp your till slip and unique code to 060 762 8224. Entries may be made either via USSD, USSD costs are 20c/20 cents, or via WhatsApp, at the Participant’s cost of data. Participants must keep their till slip as proof of purchase to qualify for the Prize.
5.2 The Promoter is not liable for the failure of any technical element relating to this Promotional Competition that may result in an entry not being successfully submitted.
5.3 Entries which are unclear, illegible or contain errors will be declared invalid.
6 The Prize
6.1 Participants stand a chance to win R1, 000.00 (one thousand Rand) every day, for 100 (one hundred) days. There will be 5 (five) lucky Winners selected each day who will each win R1, 000.00 (one thousand Rand).
6.2 The Winners will be selected by an audited random draw and will be notified telephonically within 4 (four) weeks of the selection having taken place. In the event that any of the Winners cannot be successfully contacted following all reasonable attempts to do so the Promoter reserves the right to draw another Winner in substitution. The names of the Winners will be available on the consumer care line. Any queries in this regard may be directed to the Tiger Brands consumer care line 0860 101 107.
6.3 Any Prize not taken up for any reason within the Redeemable Period will be forfeited.
7 The Winner
7.1 There will be 500 (five hundred) Winners selected.
7.2 By participating in the Promotional Competition, the Winner hereby accepts that the Winner will be asked to take part in further publicity relating to the Promotional Competition, with the Winner’s permission, the Promoter may incorporate the Winner in publicity campaigns or allow their names and likenesses to be used for promotional purposes aligned with the Promoter's business, including but not limited to posting photos to the Promoter's website, Facebook and other social media pages.
7.3 The Winners may be required to sign a waiver of liability and indemnity before claiming their Prizes.
7.4 All Winners will be required to provide their names, ID numbers and contact details and to sign an acknowledgement of receipt of the Prize.
7.5 The Participants consent, by taking part in the Promotional Competition, to the Promoter using the personal information collected through the Promotional Competition to adjudicate the Promotional Competition and for future marketing purposes by the Promoter.
7.6 Where Participants/ Winners consent to take part in the Promoter's publicity campaigns, they will not be entitled to any remuneration for such participation and all materials arising from such participation will be the sole property of the Promoter.
8 The Rules
8.1 The following rules apply to the Promotional Competition:-
8.1.1 the Participants must provide correct and up-to-date personal details as required by the Promoter with each referral sent to the Promoter and allow the Promoter to process such information in terms of POPI;
8.1.2 the Promoter reserves the right to amend these Competition Rules by bringing it to the Participants attention within a reasonable period of time and may terminate the Promotional Competition at any time. In such event, where the Promotional Competition is terminated or suspended, all Participants agree to waive any rights that they may have in terms of the Promotional Competition and acknowledge that they have no recourse against the Promoter, their employees, agents, partners, suppliers, or sponsors;
8.1.3 in the event of a dispute, the decision of the Promoter will be final and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoter shall be entitled to deal with such disputes (or any failure by Participants to follow the rules) in their sole discretion, including that the Promoter shall be entitled to immediately disqualify Participants from this Promotional Competition; and
8.1.4 unlawful, fraudulent, or otherwise dishonest conduct or any conduct in breach of these Rules by a Participant and/or their parents/guardians, determined in the Promoter’s sole discretion, may result in disqualification from the Promotional Competition and ineligibility to win any Prize.
9.1 By entering into the Promotional Competition, the Participant expressly agrees to the following indemnifications:
9.1.1 the Participant indemnifies and holds harmless the Promoter and its promotional partners, their employees and their agents (“the Indemnified Parties”) of any and all liability pertaining to any damage, cost, injuries and losses of whatsoever nature and howsoever arising as a result of their participation in the Promotional Competition and related events and activities, including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy; and
9.1.2 the Participant accepts that the Indemnified Parties will not be responsible for any costs, damage or otherwise, howsoever incurred by the Winner subsequent to claiming the Prize.
10 Prize Qualification Rules
10.1 A Prize may not be handed over to a Winner when it is prohibited by law for the Winner to use the Prize. The Winner must prove their eligibility to use the Prize. Once the Winner has been notified and the Prize has been handed over, the Winner must sign an acknowledgement of receiving the Prize.
10.2 The Participant must inform their employer of his/her participation in the Promotional Competition and must obtain consent to participate, if this is required. The Promoter accepts no responsibility in this regard should the Participant have failed to obtain the necessary consent, resulting in their inability to redeem the Prize.
10.3 The Winner must provide valid proof of identity (a green bar-coded ID book, passport or drivers licence).
10.4 Any extras not included in the Prize as detailed above will be at the expense of the Winner.
10.5 The Promoter reserves the right to substitute the Prize with any other prize of similar commercial value to the Prize offered herein, at its sole discretion.
10.6 For further information or enquiries please email consumer services at email@example.com or call us on 086 010 0878. Calls to this number will be charged by your cellular network service provider.
11.1 Any personal data relating to the Winner or any other Participants will be used solely in accordance with the Act and POPI and will not be disclosed to a third party without the Participant’s prior consent.
11.2 This Promotional Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network.
11.3 The Participant, by part taking in the Promotional Competition, consents to his/her personal information to be shared with the Promoter's employees, contractors or agents for the purpose of this Promotional Competition and for the purpose of sharing future promotional competitions.