TERMS AND CONDITIONS AND COMPETITION RULES

  1. INTERPRETATION

    1. In these Competition Rules, the following definitions apply (unless the context clearly indicates a contrary intention):
      1. “the Act” means the Consumer Protection Act, No. 68 of 2008;
      2. “Competition Rules” means the rules, terms and conditions set out herein, as required by section 36 of the Act;
      3. “Participant” means an individual who enters the Promotional Competition and meets the criteria contemplated in clause 4.1;
      4. “POPI” means the Protection of Personal Information Act, No. 4 of 2013;
      5. “Promoters” means Marltons SA, and “Promoter” shall reference either one of them as the context requires;
      6. “Promotional Competition” means the Marltons Win a Robot Vacuum Cleaner competition to which these Competition Rules pertain, as run by the Promoters during the Promotion Period;
      7. “Promotion Period” means the period commencing 00:00 on 18 October  2023 until 11:59 on 22 November 2023, provided that the Promoters shall be entitled to extend or curtail the Promotion Period in their sole discretion;
      8. “Prize” means the prizes as described in clause 7;
      9. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, No. 70 of 2002;
      10. “South Africa” means the Republic of South Africa;
      11. “Winner” means a Participant who is successful in the Promotional Competition and is notified as such by the Promoters in terms of clause 8 as being a winner of a Prize.

  2. INTRODUCTION

The Promoters are offering this Promotional Competition in terms of which the Participants can enter the Promotional Competition in order to win the Prizes, in terms of the Competition Rules.

  1. THE CONSUMER PROTECTION ACT REQUIRED NOTICE
    1. The Competition Rules contain certain terms and conditions which may:
      1. limit the risk or liability of the Promoters, or any relevant third party; and/or
      2. create risk or liability for the Participant; and/or
      3. compel the Participant to indemnify the Promoters or a relevant third party; and/or
      4. serve as an acknowledgement, by the Participant, of certain facts.

  2. THE PARTICIPANT
    1. The Participant must be:
      1. a natural person and in possession of a valid South African identity document (a green bar-coded ID book, bar-coded ID card, passport or driver’s license);
      2. 18 years or older;
      3. a permanent resident or citizen of South Africa; and
      4. be residing or be present in South Africa for the duration of the Promotion Period and for the period during which the prize draws and the delivery or collection of the prize/s takes place.
    2. No person listed in clause 10.2 may participate in this Promotional Competition.
    3. 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. It is a material term of the Promotional Competition that all Participants to this Promotional Competition participate entirely at their own risk.

  3. ENTRY MECHANICS
    1. The Participant enters the Promotional Competition:
      1. by commenting with or posting a picture of themselves and their pet on the Marltons Social Media pages with #GroomingMadeEasy and #MarltonsGroomingGuide
    2. Participants will be required to confirm/provide the following information on submission for each unique entry in order for such entry to be valid:
    3. Participants may enter the Promotional Competition as many times as they wish over the Promotion Period, subject to the restrictions set out in clause 6.6 below, and provided that Participants complete the Promotional Competition entry steps set out in this clause 6. 

  4. THE PRIZES
    1. Participants stand a chance to win one Robot Vacuum Cleaner valued at R5000
    2. The Prizes are not-transferable or exchangeable for cash. 
    3. The prizes will be delivered to the Winner directly, at the cost of the Promoter.
    4. Winner’s name to be mentioned on  the social media platforms of Marltons SA, for which they shall not be remunerated.

  5. PROMOTIONAL DRAW
    1. There will be one promotional draw at the end of the competition.
    2. The promotional draw will take place within 48 HOURS of the closing date of the competition. 
    3. The promotional draw will be overseen by an independent auditor.
    4. Winners will be contacted thereafter by direct message [DM] and will be given 24 HOURS thereafter to submit their details required pursuant to the Competition Rules.  Should the Winners not submit their details in time, the Promoters reserve the right to move on to the backup Winners.

  6. PRIZE QUALIFICATION RULES
    1. A Prize may not be handed over to a Winner when it is prohibited by law for the Winner to use the prize.
    2. The Promoters reserve the right to substitute the Prize with any other prize of similar commercial value to the Prize offered herein, at its sole discretion.
    3. The Prizes will not be awarded to a third party.
    4. A Winner will accept the Prize “as is” and at his/her own risk.
    5. No person ineligible or disqualified in terms of clause 9.2 will be entitled to claim a Prize (in the event of such person nonetheless entering this Promotional Competition and winning a Prize) and such Prize shall, at the sole discretion of the Promoters, be re-awarded to eligible Participants that entered the Promotional Competition.

  7. THE RULES
    1. These Competition Rules shall be governed by and interpreted according to the laws of South Africa.
    2. The Promotional Competition is limited to residents of South Africa in possession of a valid South African identity document.  In addition, the following people shall not be eligible to participate in this Promotional Competition and/or to win any Prizes:
      1. employee, director, member, partner, agent or consultant or any person directly or indirectly who controls, or is controlled by, the Promoters and/or immediate family members of any employee, director, member, partner, agent or consultant of or person indirectly or directly in control or controlled by the Promotors - their agencies, advisers, dealers, suppliers, its affiliates and/or associated companies and any employee or any family member of the Promoters;
      2. spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in clause 9.2.1;
      3. persons who are not legal residents of South Africa;
      4. persons under the age of 18 years.
    3. The Promotional Competition shall endure for the duration of the Promotion Period.  No entries received after 11:59 on 22 November 2023 (or such other date determined by the Promoters) will be considered.
    4. Competition entries are subject to the following conditions:
      1. no computer-based entries will be accepted;
      2. entries that are submitted via an incorrect entry mechanism, contain errors or from disqualified will be declared invalid and will forfeit the Prize to the extent that they become a Winner.

  8. GENERAL
    1. By entering the Promotional Competition, all Participants agree to be bound by these Competition Rules. 
    2. The Promoters and its agencies have the right to refuse to award a Prize to a Participant if there is suspicion of any irregularities or fraudulent activities.
    3. The Promoters may require a Winner to complete and submit an information disclosure agreement to the Promoters to ensure compliance with these Competition Rules.
    4. Should a Winner be found to have failed to comply with these Competition Rules, he/she will automatically be disqualified and the Prize will be forfeited.  Winners may also be required to sign acceptance of Prizes and indemnity documents.
    5. In addition to any other verification requirements set out in these Competition Rules, the Promoters may require a Winner to complete and submit an information disclosure agreement and indemnification, as well as supply a certified copy of their valid South African identity document or passport with their endorsed permanent residence permit within 3 (three) working days of being confirmed a Winner, to enable the Promoters to ensure compliance with these Competition Rules and the Act.  Should any Winner refuse or be unable to comply with this rule for any reason, such Winner will be deemed to have rejected the Prize and it shall revert back to the Promoters.
    6. By entering this Promotional Competition, the Participants authorise the Promoters to collect, store and use (not share) personal information of Participants for communication or statistical purposes or for the purpose of sharing future promotions.  The Participants are entitled to decline any marketing communication and/or to opt-out of any SMS and/or other communication channels by following the prompts during entry.  Any personal data submitted by the Participants will be used solely in accordance with current South African data protection legislation, the Act, POPI (to the extent applicable and in force) and the bp SA privacy policy (if any).
    7. Any personal data relating to a Winner or any other Participant will be used solely in accordance with the Act and POPI (to the extent applicable and in force) and will not be disclosed to a third party without the Participants prior consent.
    8. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network.
    9. A Winner and/or Participants may be required to take part in publicity campaigns for broadcast or publishing purposes.  Winners and/or Participants shall at all times be entitled to decline the above request.  Winners and/or Participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of the Promoters.
    10. By entering the Promotional Competition, all Participants and the Winners agree to be bound by these Competition Rules, which will be interpreted by the Promoters, whose decision regarding any dispute will be final and binding and no correspondence shall be entered into regarding the decision. 
    11. The Promoters reserve the right to:
      1. amend, modify, change, postpone, suspend or cancel this Promotional Competition and any Prizes, or any aspect thereof, immediately and without notice for any reason beyond its/their control requiring this; or
      2. cancel, terminate or suspend the Promotional Competition, immediately and without notice for any reason beyond its/their control requiring this and to select Winners from among all eligible entries received prior to the cancellation. 
    12. In the event of such termination as contemplated in clause 11.11 above, all Participants agree to waive any rights that they may have in terms of this Promotional Competition and acknowledge that they will have no recourse against either of the Promoters, their agents and staff.
    13. For further information or enquiries please email consumer services: email helpdesk@marltons.co.za
    14. A copy of these Competition Rules is available at no cost.

  9. INDEMNIFICATION
    1. By entering into the Promotional Competition, the Participant expressly agrees to the following indemnifications:
      1. the Participant indemnifies and holds harmless the Promoters, its associated companies and its promotional partners, their employees, directors, officers  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 the consultations attended or such other advice provided by the third party service provides), including, without limitation, personal injuries, accident, harm, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy; and
      2. the Participant accepts that the Indemnified Parties will not be responsible for any costs, damage or otherwise, howsoever incurred by a Winner subsequent to claiming the Prize.
    2. All Participants and Winners, as the case may be, indemnify the Promoters, their advertising agencies, advisers, nominated agents and suppliers  identified by the trademarks owned by or licensed to Marltons, its affiliates and/or associated companies against any and all claims of any nature whatsoever arising out of and/or from their participation in any way in this Promotional Competition including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of the Promoters and/or use of a Prize.
    3. The Promoters assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries.  The Promoters are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoters on account of technical problems, human error or traffic congestion on the internet or at any web site, or any combination thereof, including any injury or damage to a Participant or any other person's computer relating to or resulting from participation in this Promotional Competition or downloading any materials in this Promotional Competition.