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TERMS AND CONDITIONS OF SALE AND PRIVACY

 Nestle (South Africa) Proprietary Limited (“Nestlé”) Conditions of registration and Sale (for online orders)

 

    1. 1. PURCHASE CONTRACT

1.1. The Nestlé website ([insert address]) (“the Website”) is operated by Nestlé (“the Promoter”, “we”, “us” or “our”) which is registered in the Republic of South Africa with the following details:

1.1.1. Registration Number: 1916/001498/07

1.1.2. Registered Office: 8 Anslow Crescent, Anslow Office Park, Bryanston, Johannesburg, 2191; and

1.1.3. VAT Registration Number: 4190108938.

1.2. By registering or placing an order with us online, you agree to be bound by these terms and conditions (“Conditions”) which shall apply to all items advertised on the website. Please read these Conditions carefully. You should pint a copy of these Conditions for future reference. If you do not accept these Conditions, you will not be permitted to order item(s) from the Website.

1.3. By placing an order through the Website, you warrant and represent that you are legally capable of entering into binding agreements and that you are at least 18 years old.

1.4. An order placed by you is an offer and is only binding on us when we accept the offer. We will confirm such acceptance (if any) by sending you an email that we have received confirmation of your order, at which point a contract between you and us will be formed.

1.5. Bulk orders from the trade or consumer groups will not be accepted.

1.6. Ownership in the item(s) ordered on the website by you shall remain vested with us until we have received and cleared payment from you in respect of those item(s). The risk in the item(s) is passed over to you when the item(s) are successfully delivered to you.

1.7. Until such time as ownership passes to you, you shall ensure the item(s) remain movable property, severable from any other movable or immovable property to which the item(s) may be attached.

1.8. The website sells various products as may be listed from time to time.

    1. 2.PRICE

2.1. The items indicated as being for sale on the website are available for sale at the Rand prices indicated for each of them on the Website. These prices include value added tax.

2.2. Please refer to paragraph [8] for details on delivery costs which shall be over and above the Rand prices indicated for each item on the Website.


    1. 3.METHOD OF PAYMENT

3.1. Payments may be made by the following credit and debit cards: Visa and MasterCard. We will not dispatch your order until we have received cleared funds from your account.

3.2. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.

 

    1. 4.DELIVERY 

4.1. Delivery will be made by courier to the address specified by you when you register on the Website, provided the address is within the Republic of South Africa.

4.2. You have the ability to change this address through “My Account” / “My Addresses” feature and during the confirmation stage at the checkout.

4.3. You will be notified by a delivery confirmation email that your order is on the way. It is your responsibility to ensure you are available to receive the delivery.

4.4. Delivery of the products at the shipping or delivery address contemplated in paragraph 4.1 shall constitute good delivery. Any acknowledgement of receipt by you or any authorised representative or employee of you, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery. Although reasonable care shall be taken, we accept no responsibility whatsoever for incorrect delivery details provided to us or if an employee or representative at your chosen address accepts delivery of the products and is not authorized to do so, or does so under false or fraudulent circumstances.

4.5. All items ordered can be tracked using the courier’s online tracking system.

4.6. If you are not at home when the courier delivers your parcel, they will attempt to deliver at a later date. If this happens they will leave a card with a parcel reference number on it. With this number you can find out where your parcel is and re-arrange a delivery over the phone or through the courier’s online tracking system. After three attempts, the goods will be returned to us and you will be refunded the full value of the purchase price, less the delivery charge. From that point, should you still wish to receive your order, you will have to place the order again through the Website.

4.7. If a single order is equal to or over R800.00 (eight hundred Rand), delivery shall be free of charge in respect of that order. For all orders below R800.00 (eight hundred Rand), a delivery charge of R80 shall be levied.

4.8. Orders will be delivered within 3 (three) to 5 (five) business days from the day that the order is placed (“Delivery Period”). Where an order is accepted by us, we will use our reasonable endeavours to ensure that the ordered item(s) is/are delivered within the Delivery Period.

4.9. Orders placed at the weekend or after 6pm will be processed on the next business day.

4.10. Delivery of orders placed over the seasonal period may take longer than the Delivery Period.

4.11. Products are subject to availability and prevailing market conditions. In the event of non-availability of any goods, this will be stated on the Website. From time to time, delivery times may be impacted by external conditions beyond our control.

4.12. When effecting delivery, you shall be responsible for receiving and unloading the items in the presence of our or the courier’s representative making the delivery.

    1. 5.DEFECTIVE GOODS OR INCOMPLETE OR INCORRECT ORDERS

You must inspect the products and notify us within 7 (seven) days of delivery by phoning our Consumer Services team on 086 009 6116/+27 11 514 6116. if you are not satisfied for whatever reason (including incorrect quantities and/or products). If the item purchased is faulty, we may offer a repair, exchange or refund as appropriate in accordance with your legal rights.

    1. 6.AMENDMENT OF ORDERS AND CANCELLATION RIGHTS

6.1. You may cancel our order at any time from the date of the order up until the date that is [14 (fourteen) business days] from receipt of the item(s) by calling our Consumer Services team on 086 009 6116/+27 11 514 6116.

6.2. If you cancel your order before you have received the item(s), you are entitled to refuse to accept delivery of the item(s) and we will refund to you the purchase price for the item(s) with 14 (fourteen) business days of your refusal to accept delivery of the item(s).

6.3. If you cancel your order of the item(s) after you have received it/them, you must return the item(s) to us in an undamaged and unused condition at your expense within 14 (fourteen) days from informing us of your cancellation. Within 14 (fourteen) business days of receipt of your item(s), we will refund to you the purchase price for the item(s) including the delivery cost. This provision does not affect your statutory rights in that regard.

    1. 7.RETURNS POLICY

7.1. Please note that in certain circumstances a returns option may not be available to you due to factors beyond our reasonable control.

7.2. Returns of all products can occur in one of the following ways, namely (1) via the SAPO or, (2) by Courier.

7.3. SA Post Office ("SAPO") return: when returning Products via the SAPO, you must first register a return on our online system. A reference number and a return address will be issued to you, as well as an estimated credit value. You must insert the merchandise into appropriate packaging, pay the SAPO for the return costs and hand the package in at the appropriate SAPO counter. The estimated credit value is subject to change based on the condition of the returned products once received by us.

7.4. Courier return: when returning products via Courier, you must first register a return on our online system. A reference number and a return address will be issued to you. You must then insert the products being returned into appropriate packaging and this will be collected by the Courier in accordance with the instructions received from us. The courier charge will be deducted from the return credit. While our system will reflect an estimated credit value before the return is concluded, this estimated credit value is subject to change based on the condition of the returned products once received by us.

7.5. Refunds will occur as follows:

7.5.1. In the event that the return occurred via the SAPO or Courier, if you purchased the products using a credit, cheque or debit card, then the applicable card will be credited with the refund.

7.5.2. In the unlikely event of a non-collection from SAPO or a non-delivery from the courier, the products being returned will be sent to our returns process facility. All products returned via SAPO or Courier shall also be sent to the Nestle returns facility.

 

    1. 8.LIABILITY

8.1. Save in respect of death or personal injury caused by our negligence, to the extent permitted under law, our liability shall be limited to the purchase price of the item in question.

 

8.2. The images of the items on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the items. Your items may vary slightly from those images.

    1. 9.WARRANTY

9.1. We make no representations whatsoever and give no guarantees against latent or patent defects in respect of the items ordered, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.

 

9.2. We shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.

 

9.3. The items supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the items are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the instructions given by us.

 

9.4. No action or claim of whatever nature shall lie against us arising out of or in connection with any defects in, or unsuitability of, any items.

 

    1. 10.PRIVACY

Please review our Privacy Policy for details about our personal information practices. Our Privacy Policy can be viewed by clicking on the following link: http://www.nestle.co.za/info/yourdata.

    1. 11. SPECIAL OFFERS, PROMOTIONS AND COMPETITIONS

From time to time and at our complete discretion, purchases of goods may be subject to special offers.

 

  1. 12.GENERAL

12.1. Applicable laws require that certain communications should be in writing. You agree that we may communicate with you by email, by posting notices on the website or by writing to you at your postal address and accept (without affecting your statutory rights) that such communications comply with any legal requirements for any communications to be in writing.

12.2. Our agreement shall be governed by the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African courts.

12.3. You, to the extent permissible in law, waive any right of set off you might have against us in respect of any amount which may now or in the future be or become owing by us to you. You agree and acknowledge that you shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which we may bring against you for the enforcement of our rights whether in respect of credit facilities extended by us to you or otherwise.

12.4. We shall have the right to amend or vary these Conditions at any time. You will be subject to the terms and conditions in force at the time you place an order in respect of that order, unless any change to such terms and conditions is required by law or any government authority.

12.5. All notices given by you must be sent to our address set out in paragraph 1.1 above.

12.6. Notices will be deemed received and properly served within 5 (five) days of receipt by us. Notices may be posted on the Website, sent via email or though the post.

12.7. The Website is also subject to the Nestlé Website terms and Conditions. Please visit: http://www.nestle.co.za/info/tc.

 

13.NESCAFÉ DOLCE GUSTO EASTER COMPETITION TERMS AND CONDITIONS

 

13.1. Introduction:

13.1.1. Participation in this Competition is governed by these terms and conditions (the Rules).

13.1.2. Participants are encouraged to review the Rules before entering the competition and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these Rules.

13.1.3. This competition is operated by Nestlé (South Africa) (Proprietary) Limited (Nestlé) in conjunction with Rogerwilco Digital (Pty) Ltd (the Promoters).

13.1.4. Participation in the Competition constitutes acceptance of these Rules and Participants agree to abide by these Rules.

13.2. By participating in this Competition, Participants agree to the rules set out below: 

13.2.1 This Competition is limited to legal residents and/or legal citizens of the Republic of South Africa. In addition, the following people shall not be eligible to participate in this Competition:

13.2.1.1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters.

13.2.1.2. People who are not legal residents and/or legal citizens of the Republic of South Africa.

13.2.1.3. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.

13.2.1.4. Persons under the age of 18 years.

13.2.2. The Competition shall commence on 15th March 2020 and will end on 30th April 2020. No entries received after 30th April 2020 will be considered.

13.3. Mechanics:

13.3.1. To participate in this Competition, Participants are required to purchase any NESCAFÉ Dolce Gusto Machine and 2 boxes of any NESCAFÉ Dolce Gusto capsules (Excluding Magnum packs) in one transaction.

13.3.2. Participants will find a sticker on the abovementioned NESCAFÉ Dolce Gusto machine box which they have purchased prompting them to follow the below steps:

13.3.2.1. Dial: *120*439679# from a registered prepaid cell phone number at a cost of 20c (twenty cents) per 20 (twenty) seconds. (For clarity, a registered cell phone number is one that has been RICA’d and registered in the name of a Participant).

13.3.2.2. Opt-in to receive updates and exclusive discounts on the NESCAFÉ Dolce Gusto official website. This will automatically enter them into the competition.

13.3.3. USSD sessions are charged from your airtime or billing balance and costs 20c for every 20 seconds you use the service (Free minutes do not apply). The average time for entry is under 20 seconds so your call should not exceed more than 40 seconds. Please ensure you terminate the call when complete in order to stop the call.

13.3.4. Participants may enter the Competition as many times as they wish over the promotional period, provided that Participants purchase the above NESCAFÉ Dolce Gusto products each time and complete the Competition entry process, subject to the following conditions:

13.3.4.1. All entries from disqualified participants’ mobile numbers will be rejected;

13.3.4..2 Only one prize per household and per person per day of the promotion will be permitted, i.e. within the same family or immediate family residing in the same abode unless proof of purchase can be obtained;

13.3.4.3. No computer-based entries will be accepted;

13.3.5. Any mobile number that enters an incorrect barcode code five (5) times in succession will be locked out of the Competition for the entire duration of the promotional competition (“Blocked Participants”).

13.3.6. Blocked Participants have an opportunity to call the Nestlé Call Centre on 011 514 6116 or 086 009 6116 between 09h00 – 16h30 Monday to Friday should there be a valid reason, which is accepted by the Promoter, for the Blocked Participants to be allowed to enter the Competition.

13.3.7. Participants must enter on a phone that is owned and registered to that person. No other person can use another person’s phone for Competition entry purposes. If it is discovered that participants have entered on a phone that is not registered to them they will be disqualified and the entrant will be requested to refund the prizes to promoter.

13.3.8. The cellphone number is key to all entries, if the participant has won on a cellphone number they cannot use another number in order to be contacted further, this number needs to be a number that is contactable during office hours.

13.4. The Prize:

13.4.1. Three Participants in this Competition stand a chance to Win Coffee for a Year (three prizes in total).

13.4.2. The “Coffee for a Year” will be made out of 4 boxes of capsules per month for 12 months.

13.4.3. For the avoidance of doubt some boxes could contain 8 milk capsules and 8 coffee capsules if this is a white cup or coffee that requires milk and some boxes could contain 16 capsules of just the coffee variant if this is a black cup.

13.5. How to claim your prize:

13.5.1. Winners will be selected by way of a random audited draw held on 8 May 2020 (or a later date as may be determined by the Promoters). Such drawn winners will be contacted on 15 May 2020 (or a later date as may be determined by the Promoters).

13.5.2. The Promoters will contact the potential prize winner.

13.5.3. The potential prize winner is not an actual winner until his/her submission is validated and his/her documents are completed and submitted to the Promotors. If a potential prize winner does not meet the eligibility requirements, the prize will be forfeited and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.

13.5.4. If the Promotors are unable to reach any of the potential prize winner after 3 (three) attempts made within 3 (three) working days of their name being drawn, for whatsoever reason, including incorrect telephone numbers or inoperative telephone numbers, such winner will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.

13.5.5. Eligible winner will be contacted by a representative of the Promotors based on the information they would have shared via the above-mentioned telephonic conversation to make the travel arrangements.

13.6. General:

13.6.1. The judges' decision is final, and no correspondence will be entered into.

13.6.2. The Promoters may require the winner to complete and submit an information disclosure agreement to enable the Promoters to ensure compliance with these Rules.

13.6.3. Should the winner be found, in the Promoters sole discretion: not to be eligible to win; not to have complied with these Rules; their conduct can be reasonably interpreted as scamming; acted fraudulently with regards to the Competition; and if it would be unlawful to award the prize, he/she will automatically be disqualified, and/or the prize will be forfeited. The Winner may also be required to sign acceptance of prizes and indemnity documents.

13.6.4. The prize is not transferable, and no substitution or cash redemption of prizes is permitted. The prize will not be handed/awarded to a third party, but only to the verified prize winner

13.6.5. The Promoters reserve the right, at their sole discretion, to substitute the prize with any other prize of comparable or greater commercial value for whatever reason.

13.6.6. By entering, a Participant acknowledges that personal information about the Participant will be shared with the Promoters and their agents to the extent necessary to conduct the Competition and for prizes to be delivered to prize winner.

13.6.7. By entering this Competition, you authorise the Promoters to collect, store and use (not share) personal information of Participants for communication or statistical purposes. You are entitled to decline any marketing communication by emailing consumer.services@za.nestle.com. Any personal data submitted by you will be used solely in accordance with current South African data protection legislation and Nestlé's privacy policy.

13.6.8. The Promoters shall not be responsible for any lost, damaged, delayed, incorrect or incomplete entries for any reason whatsoever. Proof of sending will not be accepted as proof of receipt.

13.6.9. The Promoter shall not be responsible for the failure of any technical element relating to this promotion that may result in an entry not being successfully submitted.

13.6.10. Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer or cell phone hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.

13.6.11. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall always be entitled to decline the above request. 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.

13.6.12. Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 (CPA).

13.6.13. All Participants participate entirely at their own risk. By reading and accepting these Rules, the Participants give consent to these risks and hereby indemnifies and holds harmless the Promoters, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Promoters.

13.6.14. The Promoters, their directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participants, or accept any liability for: (a) any inability by the Participant to use the prize in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize.

13.6.15. The Promoters, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than the Promoters themselves.

13.6.16. The Promoters reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Promotion and acknowledge that they will have no recourse against the Promoters, its advertising agencies, advisors, suppliers and nominated agents.

13.6.17. By entering the Competition, Participants acknowledge that the Promotion will be managed in accordance with the provisions of the CPA. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize.

13.6.18. Notwithstanding anything to the contrary contained in these Rules, the Promoters reserve the right to amend, modify, change, postpone suspend or cancel this Competition, the Rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which the Promoters deem necessary. At the end of the Competition for whatsoever reason, all of the Promoters' obligations in regard to the Competition as well as in regard to the prizes shall cease to exist.

13.6.19. These Rules shall be governed by and interpreted according to the laws of the Republic of South Africa and any Participant and Nestlé consent to the non-exclusive jurisdiction of the High Court of South Africa.

13.6.20. For further information or enquiries please email our consumer services at consumer.services@za.nestle.com or call us on 086 0096 116. Calls to this number will be charged by your cellular network service provider.

 

NESCAFÉ DOLCE GUSTO REFER-A-FRIEND TERMS AND CONDITIONS - 2020

1. Introduction
1.1. Participation in this Competition is governed by these terms and conditions (the Rules).

1.2. Participants are encouraged to review the Rules before entering the competition and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these Rules.

1.3. This competition is operated by Nestlé (South Africa) (Proprietary) Limited (Nestlé) in conjunction Rogerwilco Digital (Pty) Ltd (the Promoters).

1.4. Participation in the Competition constitutes acceptance of these Rules and Participants agree to abide by these Rules.

2. By participating in this Competition, Participants agree to the rules set out below.
2.1. This Competition is limited to legal residents and/or legal citizens of the Republic of South Africa. In addition, the following people shall not be eligible to participate in this Competition:

2.1.1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters.

2.1.2. People who are not legal residents and/or legal citizens of the Republic of South Africa.

2.1.3. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.

2.1.4. Persons under the age of 18 years.

2.2. The Competition shall commence on 1 June 2020 and will end on 31st December 2020. No entries received after 31st December 2020 will be considered.

3. Mechanics
3.1. Persons who are already registered on the www.dolce-gusto.co.za will receive a communication from NESCAFÉ DOLCE GUSTO asking them to invite a friend to join NESCAFÉ DOLCE GUSTO by registering on www.dolce-gusto.co.za. To participate, the person who receives the communication must invite a friend to register on www.dolce-gusto.co.za.

3.2. Participants may enter the Competition as many times as they wish over the promotional period, provided they refer a new friend each time who is not already registered on www.dolce-gusto.co.za and subject to the following condition: Only one prize per household and per person will be permitted, i.e. within the same family or immediate family residing in the same abode.
4. The Prize:
4.1. The referred friend, upon successful registration on www.dolce-gusto.co.za will receive a once-off 25% (twenty five percent) discount code via email which they can redeem at www.dolce-gusto.co.za to receive a 25% (twenty five percent) discount off their first purchase.

4.2. Once the referred friend has redeemed their once-off 25% (twenty five percent) discount code on www.dolce-gusto.co.za, the Participant will also then receive a once-off 25% (twenty five percent) discount code via email which they can redeem at www.dolce-gusto.co.za to receive a 25% (twenty five percent) discount off their next purchase.

4.3. For the avoidance of doubt, the Participant will only receive a once-off 25% (twenty five percent) discount code upon their friend successfully redeeming their once-off 25% (twenty five percent) discount code.

5. General
5.1. The judges' decision is final, and no correspondence will be entered into.

5.2. The Promoters may require the winner to complete and submit an information disclosure agreement to enable the Promoters to ensure compliance with these Rules.

5.3. Should the winner be found, in the Promoters sole discretion: not to be eligible to win; not to have complied with these Rules; their conduct can be reasonably interpreted as scamming; acted fraudulently with regards to the Competition; and if it would be unlawful to award the prize, he/she will automatically be disqualified, and/or the prize will be forfeited. The Winner may also be required to sign acceptance of prizes and indemnity documents.

5.4. The prize is not transferable, and no substitution or cash redemption of prizes is permitted. The prize will not be handed/awarded to a third party, but only to the verified prize winner

5.5. The Promoters reserve the right, at their sole discretion, to substitute the prize with any other prize of comparable or greater commercial value for whatever reason.

5.6. The Promoters shall not be responsible for any lost, damaged, delayed, incorrect or incomplete entries for any reason whatsoever. Proof of sending will not be accepted as proof of receipt.

5.7. The Promoter shall not be responsible for the failure of any technical element relating to this promotion that may result in an entry not being successfully submitted.

5.8. Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer or cell phone hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.

5.9. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall always be entitled to decline the above request. 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.

5.10. Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 (CPA).

5.11. All Participants participate entirely at their own risk. By reading and accepting these Rules, the Participants give consent to these risks and hereby indemnifies and holds harmless the Promoters, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Promoters.

5.12. The Promoters, their directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participants, or accept any liability for: (a) any inability by the Participant to use the prize in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize.

5.13. The Promoters, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than the Promoters themselves.

5.14. The Promoters reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Promotion and acknowledge that they will have no recourse against the Promoters, its advertising agencies, advisors, suppliers and nominated agents.

5.15. By entering the Competition, Participants acknowledge that the Promotion will be managed in accordance with the provisions of the CPA. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize.

5.16. Notwithstanding anything to the contrary contained in these Rules, the Promoters reserve the right to amend, modify, change, postpone suspend or cancel this Competition, the Rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which the Promoters deem necessary. At the end of the Competition for whatsoever reason, all of the Promoters' obligations in regard to the Competition as well as in regard to the prizes shall cease to exist.

5.17. These Rules shall be governed by and interpreted according to the laws of the Republic of South Africa and any Participant and Nestlé consent to the non-exclusive jurisdiction of the High Court of South Africa.

5.18. For further information or enquiries please email our consumer services at consumer.services@za.nestle.com or call us on 086 0096 116. Calls to this number will be charged by your cellular network service provider.