Competition Terms & Conditions
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Competition Terms & Conditions
- 1) These terms and conditions, together with the terms and conditions that are specific to any Competition (as defined below) (the ‘Competition Terms’) are known as the ‘Rules’. Words used in the Competition Terms shall have the same meaning when used here. In the event of any conflict between the Competition Terms and the Standard Terms, the Competition Terms shall prevail.
- 2) The Rules apply to any competition (the ‘Competition’) that is promoted on the Celltone website (www.celltone.co.za) and by entering the Competition, you agree to be bound by the Rules.
- 3) Celltone reserve the right to cancel or amend all or any part of the Competition and/or the Rules without notice for any event that is outside of Celltone’s reasonable control. Any changes to the Rules, or cancellation of the Competition, will be posted on the Celltone website (www.celltone.co.za). It is the responsibility of entrants to keep themselves informed as to any changes to the Rules.
- 4) In the event of any dispute regarding the Rules, the conduct or results of the Competition, or any other matter relating to a Competition, the decision of Celltone shall be final and unchallengeable and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by Celltone.
- 5) By entering the Competition, you hereby warrant that all information submitted by you in your Entry is true, accurate and complete in every respect. Celltone reserves the right to verify any information contained in your Entry and/or your eligibility to enter the Competition.
- 6) Unless otherwise stated in the Competition Terms, the Competition is only open to persons who are residents of the Republic of South Africa and persons who are resident outside of the Republic of South Africa may not qualify.
- 7) Unless otherwise stated in the Competition Terms, the Competition is only open to persons over the age of 18.
- 8) Celltone reserve the right in its absolute discretion to disqualify any entrant if it has reasonable grounds to believe that an entrant has breached any of the Rules, any applicable law (including copyright law) or has otherwise infringed the intellectual property of any other person. Each entrant acknowledges and agrees that any failure to comply with the Rules could lead to Celltone disqualifying that person, without Celltone giving any reason for such disqualification or granting any opportunity for challenge.
- 9) Any person that is: (a) an employee of any company involved in the Competition ; or (b) a family member of such employee, is not eligible to enter the Competition. Celltone reserves the right to disqualify any person that it knows is, or has reasonable grounds to believe is, ineligible for the Competition as a result of this Rule.
- 10) In the event that a Prize-winner is disqualified from the Competition, Celltone will, unless otherwise stated in the Competition Terms, select an alternative Prize-winner in the same manner as the original Prize-winner and such selection will be subject to the Rules.
- 11) Entries must be made by the Closing Date and in the manner set out in the Competition Terms. Failure to do so will result in disqualification.
- 12) There is no requirement to make any purchase in order to enter the Competition accept to register on Celltone’s web site.
- 13) Unless otherwise stated in the Competition Terms, only one Entry per person is permitted. In the event that Celltone discovers or has reasonable grounds to believe that the same person has made multiple Entries, such person and any Entries made by them shall be disqualified and, if such Entrant has already been selected as a Prize-winner, an alternative Prize-winner will be selected in accordance with Rule 10 above.
- 14) Unless otherwise set out in the Competition Terms, Celltone accepts no responsibility for the return of any Entries.
- 15) Prize-winners will be selected and notified via their regsitered email.No prize will be awarded where any entrant has committed any form of misconduct (as determined by Celltone in its sole discretion).
- 16) Where Entries are judged on artistic or other subjective criteria, Celltone reserves the right to set amend the criteria used to judge Entries.
- 17) Prizes are non-transferable and there is no cash alternative. In the event of a prize being unavailable for any reason Celltone reserve the right to substitute prizes of equal or greater value at any time.
18) Prizes must be accepted in the manner set out in the Prize Notification. In the event that any Prize Notification is returned as undeliverable or any Prize-winner fails to validly reply to a Prize Notification within 7 days, Celltone reserves the right to disqualify the Prize-winner and select an alternative Prize-winner in accordance with Rule 10 above.
19) Wiiners will be published on our web site and on our monthly newsletter
- 20) Celltone accepts no responsibility for any damage, loss, injury (other than our liability for personal injury or death as a result of our negligence) or disappointment of any kind suffered by any entrant in entering the Competition, including as a result of any entrant winning or not winning any prize.
21) Celltone accepts no responsibility for Entries lost, due to computer/server error.
Intellectual Property Rights and Data Protection
- 22) You agree that Celltone may use your Entry for any promotional purpose (for example, placing it on the Celltone website or on any poster, leaflet or other advertising media). You confirm that your Entry is original that you own and have the right to license to Celltone the copyright and other intellectual property rights in the Entry for the purposes referred to in these Rules. You will retain ownership of copyright in your Entry but you give Celltone your irrevocable permission to use, reproduce, publish, display, transmit, copy, amend, store, sell and sub-licence your Entry worldwide for such promotional purposes and for the purposes of the Competition.
- 23) Celltone will use any personal information that you provide with your Entry for the purposes of the Competition and, where you have given your consent, for marketing purposes including the distribution of regular email updates or newsletters. Any personal information relating to entrants will be used solely by us in accordance with applicable data protection legislation.
24) All Prize-winners unconditionally agree (as a condition of accepting any prize) to: (a) the use of their name, one or more photographs of themselves and disclosure of their county of residence (if such Prize-winner is resident within the Republic of South Africa) or country of residence (if such Prize-winner is resident outside the Republic of South Africa); and (b) co-operate with or participate in any other reasonable post-Competition publicity.
Governing Law and Jurisdiction
- 25) The Rules and any dispute or claim arising out of or in connection with them or their subject matter (including the Competition), existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with South African law.
- 26) The Courts of South Africa shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with the Rules or their subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims).