1 . DEFINITIONS
1.1 “Competition” means any promotion, prize draw, giveaway or competition operated by East Coast Radio, including but not limited to those Competitions operated by Galleria Mall .
1.2 “Galleria Mall” means Galleria Mall, a broadcasting station owned by Arbour Town PTY LTD ed (registration number 2004/015834/07);
1.3 “Personal Information” means personal information as defined in POPIA;
1.4 “POPIA” means the Protection of Personal Information Act 4 of 2013;
1.5 “Process”/ “Processing” has the same meaning assigned thereto in POPIA;
1.6 “Rules” means these terms and conditions including specific terms and conditions, rules or entry instructions published on Galleria Mall’s website or in any media which features a competition.
1.7 “you”, “your” means the person who has entered into a Competition.
2.1 You must take time to read these Rules carefully and make sure you understand the Rules before entering any Competition. You must pay special attention to all text in bold.
2.2 These Rules shall be binding on you when you enter any Competition.
2.3 Incomplete, incorrect or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
2.4 Galleria Mall reserves the right, in its reasonable discretion, to add to, amend, or waive any of the Rules on reasonable notice to you, including but not limited to extending or reducing the duration of a Competition, and giving clues.
3. ELIGIBILITY TO ENTER COMPETITIONS
3.1 In order to qualify as an entrant, you must –
3.1.1 be a resident of South Africa and in possession of a valid identity document;
3.1.2 be at least 18 years old, or if not, assisted by a parent or legal guardian; and
3.1.3 provide correct and full personal details when entering the Competition.
3.2 Automated entries or syndicated entries are prohibited, and any use of such devices or schemes will cause disqualification of all such entries.
3.3 Galleria Mall, its distributors, retailers, advertising and promotional agencies, directors, partners, employees, agents, consultants, subcontractors, and their respective spouses, life partners, business partners or immediate family member are not eligible to participate in any Competition.
3.4 Unless otherwise stated –
3.4.1 only one entry per person will be permitted. Multiple entries from one person will cause disqualification;
3.4.2 entries are limited to one entry per e-mail address, IP address, telephone number or household.
3.5 Galleria Mall reserves the right at its sole discretion to disqualify any individual who tampers with the entry process or who provides false information.
3.6 A person may not win more than one prize within a three month period following the first win, nor shall any member of such person’s family residing at the same address be entitled to a prize within a three month period following the first win. Galleria Mall reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this Rule is subsequently discovered.
4. HEALTH AND SAFETY
4.1 By entering a Competition, you confirm and warrant that, to the best of your knowledge and belief, your general state of health is good and you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the Competition. You confirm that you are not taking any medication at present and will not take any medication during the Competition which may be affected by your participation in the Competition.
4.2 You must take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Competition or the Prize. Any behaviour or act or conduct by you which GALLERIA MALL considers to pose any medical, security or safety risk (including without limitation any abusive behaviour, whether physical or psychological) will lead to your immediate disqualification.
4.3 You must notify Galleria Mall of any medical or other condition which may mean that you are unfit for travel or participation in the Competition as soon as you become aware of such a condition. Galleria Mall reserves the right to forfeit your place on the Competition or the prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
4.4 You agree to comply with all directions of Galleria Mall or Galleria Mall’s representatives in respect of health and safety. Failure to do so may lead to immediate disqualification, or immediate withdrawal of the prize at Galleria Mall’s sole discretion.
5.1 The decision of the judge or presenter of each Competition will be final in all matters relating to a Competition. Once the prize has been handed over in terms of these Rules, the results of the Competition are final in all respects and no correspondence or negotiation will be allowed.
5.2 Galleria Mall will be entitled to interview you, request proof of entry, verification of identity and of address, as well as verification of vocal identity by means of in-studio recording in the case of an on-air entry. If you refuse to provide any of these details or participate in or answer all questions raised in any interview without good reason then your place in the Competition will be treated as invalidated and the prize may be withdrawn.
5.3 Galleria Mall will use all reasonable endeavours to inform or notify prize winners within twenty–eight (28) days from the end date of the Competition. Prizes must be claimed within sixty (60) days after Galleria Mall has notified the prize winner. If prize winners do not claim their prizes within sixty (60) days after having been notified, Galleria Mall will have the right to do with the prize whatever Galleria Mall may deem to be reasonably fair.
5.4 If Galleria Mall cannot continue with the Competition for any reason beyond its reasonable control, including errors in printing, production, distribution or errors made on air, or if it is required by applicable laws, Galleria Mall may end the Competition on condition that –
5.4.1 no prize winners have been determined; and
5.4.2 reasonable notice has been given beforehand to all entrants.
5.5 If the Competition is ended as set out above, no entrant will have any claim of any nature whatsoever against Galleria Mall, unless Galleria Mall has acted with gross negligence or fraudulent intent.
5.6 The prize awarded in any Competition –
5.6.1 cannot be transferred and will only be handed over if all details given are factually correct;
5.6.2 will not be exchanged for cash amounts or for any prize other than the prize offered in that Competition;
5.6.3 may be replaced by another prize of the same commercial value if the original prize is not available for any reason beyond East Coast Radio’s reasonable control.
5.7 Prize winners may collect their prizes from Galleria Mall. Galleria Mall will not be liable for any travel, transport, accommodation, or any other costs when the prize is handed over or received by the prize winner.
5.8 Galleria Mall does not provide a warranty of quality or any guarantee in respect of goods which are offered as prizes. The warranty or guarantee that applies to the goods remains the responsibility of the manufacturer or supplier of the goods. If a prize is not in good working order immediately after the prize has been delivered to the prize winner, the prize winner must inform Galleria Mall and Galleria Mall will endeavour to replace the prize with another prize from the sponsor.
6. HOLIDAY PRIZES
6.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Galleria Mall. There will be no alternative destination.
6.2 Holidays are always subject to availability. You must hold a valid passport with at least 6 months’ further duration and no visa restrictions on your ability to travel to the relevant destination your Competition entry will be invalid).
6.3 Holidays are not available to persons under the age of 18 unless otherwise stated in the specific terms and conditions for a Competition. Children under 18 years of age must obtain written consent from a parent or guardian and cannot travel unless accompanied by an adult over the age of 18.
6.4 All holidays must be taken within 6 months of the date of the Competition (unless agreed with Galleria Mall or otherwise stated in the specific terms and conditions for the Competition) or will be deemed invalid.
6.5 You must comply with the terms and limitations of any travel insurance policy offered as part of the prize, relating to the holiday. Where no insurance is offered, you are responsible for obtaining adequate travel insurance.
6.6 You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the prize. There may be additional terms and conditions imposed by the provider of the prize which must be complied with and Galleria Mall will not be responsible for your failure to comply with such terms and conditions. In particular, you must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
6.7 You are not entitled nor authorised in any way to commit Galleria Mall t to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
6.8 Passport control and in-country authorities will reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be your sole responsibility.
6.9 Any flights, other transport, airport details, accommodation or other aspects of the prize, dates and times quoted by Galleria Mall or its agents are for guidance only and are subject to change without notice with no liability arising. You must have sufficient financial resources to meet any financial commitment which you may incur in connection with the prize beyond those included in the prize itself. This includes and without limitation, transfers to your respective airports (local and international), meals and drinks.
6.10 You must comply with and are responsible for attending to any inoculation and health regulations or visa requirements required for your destination.
7 . TICKET GIVE-AWAYS
In the case of prizes in the form of free tickets, ticket holders shall be bound by and comply with the event promoter’s terms and conditions together with those set out on the ticket and the rules and regulations of the venue.
8 . DISQUALIFICATIONS OF ENTRIES AND CANCELLATION OF THE COMPETITION
8.1 You acknowledge that the interests and good reputation of Galleria Mall are paramount and may, at its reasonable discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes it is in the best interests of Galleria Mall (or its sponsors) to do so.
8.2 Galleria Mall reserves the right to immediately withdraw your place on the Competition or the prize if it believes you to be in breach of any of your obligations, or representations and warranties, under the Rules or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of Galleria Mall ). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
9.3 In the event of disqualification, Galleria Mall reserves the right to select another entrant to take part in the Competition.
10.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any Personal Information relating to Galleria Mall , its business, personnel, servants, agents or officers to anyone.
10.2 You may not publicise your involvement in the Competition or the fact that you have won a prize without the prior written permission of Galleria Mall .
11. INTELLECTUAL PROPERTY
11.1 Unless otherwise stated, Competition entries will not be returned to you.
11.2 You acknowledge and agree to the extent that your entry and involvement in any Competition involves interviews, pictures, audio, audio-visual material, whether your appearance is featured or incidental in any media and technology (“Products”), you –
11.2.1 hereby grant to Galleria Mall a non-exclusive, royalty-free perpetual worldwide licence to use such Products in any and all media to the extent Galleria Mall deems it appropriate; and
11.2.2 agree, at Galleria Mall’s request, to assign to Galleria Mall all and any copyright and other intellectual property rights which may exist in respect of such Products (including without limitation where such Products are not in existence at the date of this agreement, by way of present assignment of future copyright) and you agree to do all such acts as may be reasonably requested of you by Galleria Mall to effect the assignment under this clause;
11.2.3 agree that the licence and, if applicable, any assignment shall include the right for Galleria Mall to alter, edit, compile, amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such Products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and the right to sub-license such rights to any other persons, in each case for such purposes as Galleria Mall may in its sole discretion determine.
11.3 Any information submitted by you relating to a Competition must be personal and related specifically to you. You warrant that any information which you submit to Galleria Mall will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. Galleria Mall reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove such information.
11.4 By entering any Competition and submitting any material or Products you warrant to Galleria Mall that –
11.4.1 you own or are licensed in respect of the Products submitted as part of the Competition and that you have the right, power and authority to grant the rights set out in these Rules;
12.4.2 Galleria Mall is free and able to use the Products in accordance with and in the manner set out in any relevant terms;
11.4.3 you agree to waive any moral rights you may have in the Products and have obtained a waiver of all applicable moral rights in the Product and further have obtained all consents and permissions in respect of the Product;
11.4.4 the Products do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
11.4.5 the Products are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
11.4.6 the Products are not obscene or pornographic; and
11.4.7 the Products do not, to the best of the your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information.
11.5 The entrant to a Competition is the individual submitting the media (i.e. the person who owns the cell phone, telephone or who can be reached at the relevant email address). If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the prize or any part thereof.
11.6 You must ensure that any other person or persons whose image has been used in the relevant Products has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of Galleria Mall may result in your disqualification from the Competition and forfeiture of any prize.
11.7 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Galleria Mall for its own use (in its sole discretion).
12. SECURITY SAFEGUARDS.
12.1 Galleria Mall is committed to securing the integrity and confidentiality of entrant’s Personal Information in its possession or under its control by –
12.1.1 taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information, and unlawful access to or Processing of Personal Information; and
12.1.2 ensuring that any operator or anyone Processing Personal Information on behalf of Galleria Mall will Process such information only with the knowledge or authorisation of Galleria Mall, and treat Personal Information which comes to their knowledge as confidential and not disclose it, unless required by law or in the course of the proper performance of their duties.
13. SUBMISSION AND COLLECTION OF PERSONAL INFORMATION
13.1 You acknowledge and agree –
13.1.1 that by entering into any Competition, Personal Information may have to be submitted and that all the Personal Information possessed by Galleria Mall is collected through your entry into the Competition;
13.1.2 to grant Galleria Mall the right to use or Process any information, data, materials or other content you provide for purposes of your participation in a Competition in accordance with applicable laws; and
13.1.3 that information submitted will affect the quality of Personal Information obtained as well as the security in and integrity of Personal Information retained by Galleria Mall .
13.2 Galleria Mall collects, retains and Processes Personal Information for the following purposes –
13.2.1 to allow entry into a Competition;
13.2.2 to process your entry and any requests;
13.2.3 to provide personalised content and information and enhance entrants’ experiences;
13.2.4 to analyse entries to Competitions;
13.2.5 for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity; and
13.2.6 for general historical, statistical and research activity.
13.3 Galleria Mall shall retain records of personal information only for as long as necessary to achieve the purpose for which it was collected or processed unless-
13.3.1 retention of the record is required or authorised by law;
13.3.2 Galleria Mall reasonably requires the information for lawful purposes related to its functions of activities;
14. WITHDRAWAL OF CONSENTS AND REQUESTS FOR INFORMATION AND RECORDS
14.1 You are entitled to withdraw any consent to Process your Personal Information.
14.2 If you withdraw your consent to Process Personal Information, you should cease any participation in the Competition forthwith. Any further participation will result in a renewed consent due to the binding nature of these Rules.
14.3 You are entitled to request-
14.3.1 on proof of identity, confirmation as to whether Galleria Mall possesses any Personal Information pertaining to you;
14.3.2 on proof of identity, a record or a description of the Personal Information about you, including information about the identity of all third parties who currently have or have had, access to the Personal Information; and
14.3.3 generally, any record Galleria Mall may hold and is required to disclose to you in terms of the Promotion of Access to Information Act 2 of 2000.
14.4 You may request Galleria Mall to –
14.4.1 correct or delete of information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully;
14.4.2 destroy or delete a record of personal information about you that Galleria Mall is no longer authorised to retain in terms of applicable laws.
15. INDEMNITY AND EXCLUSION OF LIABILITY
15.1 To the extent legally permissible and unless Galleria Mall acted with gross negligence or fraudulent intent –
15.1.1 Galleria Mall assumes no liability whatsoever for any direct or indirect loss or damage arising from, in connection with or as a result of your participation in the Competition;
15.1.2 Galleria Mall will not be liable in the event of incorrect or late entries or telephone or SMS text message entries not received as a result of network incompatibility, technical faults, or otherwise;
15.1.3 you indemnify Galleria Mall against any claims of any nature arising from, in connection with or as a result of your participation, in any way whatsoever, in the Competition;
15.1.4 Galleria Mall is not liable for any delay, nullification, change or substitution, or partial or total inability to execute any of part or the whole of the Competition due to force majeure, war, acts of terrorism, accident, fire, flood or any other natural disaster, strike or any other political crisis.
15.2 Should Galleria Mall or its agents become aware of any fraud, dishonesty, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might (in Galleria Mall’s opinion, which shall be final) have an adverse effect on the Competition, Galleria Mall (or any of its radio stations), reserves the right in its discretion (without notice to you and/or without giving reasons) to (i) forfeit your place on the Competition; or (ii) withdraw the prize(s).
15.3 It is agreed and accepted by you that Galleria Mall shall have no liability whatsoever in respect of Competitions operated by third parties and featured on air or on our web and social media sites. The relevant third party will be responsible for the fulfilment of the Competition. Galleria Mall accepts no responsibility for the acts or omissions of such third parties.
15.4 You agree to indemnify Galleria Mall and its radio stations and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by Galleria Mall arising as a result of a breach by you of your obligations under the Rules or in any way in connection your failure to follow Galleria Mall’s reasonable instructions with regard to your entry into the Competition or accepting the prize.
15.5 In the case of on-line Competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by Galleria Mall may be accessed by third parties. Galleria Mall accepts no liability for loss resulting from your entry to an online Competition.
16.1 These Rules shall be governed and construed in accordance with the laws of South Africa.
16.2 No variation of these Rules is effective unless approved by an authorised representative of Galleria Mall in writing.
16.3 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
16.4 If any provision of the Rules are held by any competent authority to be invalid or unenforceable in whole or in part that part shall be severed from other terms and conditions and the validity of the other provisions of the Rules and the remainder of the provision in question shall not be affected.