THE “WIN A LIFESTYLE MAKEOVER”
TERMS AND CONDITIONS AND 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, No. 68 of 2008;
1.1.2. “Competition Rules” means the rules, terms and conditions set out herein, as required by section 36 of the Act;
1.1.3. “OLA” On Line Advertising, 25 Claribel Road, Windermere, South Africa;
1.1.4. “Participant” means an individual who enters the Promotional Competition and meets the criteria contemplated in clause 4.1;
1.1.5. “POPI” means the Protection of Personal Information Act, No. 4 of 2013;
1.1.6. “Promoters” means Vital and OLA, and “Promoter” shall reference either one of them as the context requires;
1.1.7. “Promotional Competition” means the “Win a Lifestyle Makeover” competition to which these Competition Rules pertain, as run by the Promoters during the Promotion Period;
1.1.8. “Promotion Period” means the period commencing 00:00 on 01 March 2023 until 11:59 on 30 June 2023, provided that the Promoters shall be entitled to extend or curtail the Promotion Period in their sole discretion;
1.1.9. “Prize” means the prizes as described in clause 7;
1.1.10. “Qualifying Products” means any Vital Vitamin or Vital Mineral product and shall include no other Vital products;
1.1.11. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, No. 70 of 2002;
1.1.12. “South Africa” means the Republic of South Africa;
1.1.13. “Vital” Vital Health Foods Proprietary Limited, with the registration number 1951/003081/07; and
1.1.14. “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.
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.
3. THE CONSUMER PROTECTION ACT REQUIRED NOTICE
3.1. The Competition Rules contain certain terms and conditions which may:
3.1.1. limit the risk or liability of the Promoters, 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 Promoters 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 in possession of a valid South African identity document (a green bar-coded ID book, bar-coded ID card, passport or driver’s license);
4.1.2. 18 years or older;
4.1.3. a permanent resident or citizen of South Africa; and
4.1.4. 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.
4.2. No person listed in clause 10.2 may participate in this Promotional Competition.
4.3. 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.
4.4. It is a material term of the Promotional Competition that all Participants to this Promotional Competition participate entirely at their own risk.
5. QUALIFYING PRODUCTS
5.1. Qualifying Products may be purchased from any participating retail stockist nationally (within South Africa) whether in store or online during the Promotion Period. Please note that no other Vital products are eligible for this promotion, other than the Qualifying Products.
5.2. Qualifying entries will only be accepted for the purchase of any of the Qualifying Products.
5.3. The Qualifying Products are subject to availability at time of purchase
6. ENTRY MECHANICS
6.1. The Participant enters the Promotional Competition:
6.1.1. by purchasing any Qualifying Product during the Promotion Period and, scanning the QR code on promotional necktags or promotional material in store, or by sending a Whatsapp to 087 240 7160 to enter; and
6.1.2. thereafter the Participant shall be required to follow the prompts to register their details and upload a clear picture of a valid till slip or receipt (in respect of online purchases) showing their purchase of the Qualifying Products. Till slips need to show the store name and date of Purchase as well as their Qualifying Products purchased in order to be deemed as a valid entry or the receipt from an online purchase must indicate the name of the online platform on which the purchase was made together the date of purchase as well as their Qualifying Products in order to be deemed as a valid entry.
6.2. Participants will be required to confirm/provide the following information on submission for each unique entry in order for such entry to be valid:
6.2.1. name and surname (as reflected on the Participant’s identity document);
6.2.3. confirmation of age range;
6.2.4. an image of the till slip or receipt as contemplated in clause 6.1.2; and
6.2.5. the province in which the Participant resides.
6.3. Please note that by submitting an entry in the Promotional Competition, the Promoters will automatically obtain the Participant’s cell phone number, which number will only be used in respect of this Promotional Competition and in the manner as set out in and in accordance with these Competition Rules and POPI (to the extent applicable).
6.4. The Participant is required to keep a copy of their till slip or online receipt (proof of purchase) as proof of entry and may be required to produce such proof on request of the Promoters prior to any monies in the form of Prizes being paid out. In addition to the aforementioned, the Promoters reserve the right to request the Participant to also provide a copy of his/her identity document prior to any monies in the form of Prizes being paid out.
6.5. 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.
6.6. Participants can submit as many till slips or receipts as they want (i.e. one till slip or receipt equals one entry) but the till slips or receipts need to be dated during the Promotion Period and Participants will only be allowed to win 1 (one) Prize for the duration of the Promotion Period and will be limited to winning one Prize per family. Any till or receipt slips dated outside of these dates will not be valid. Should a till slip or receipt be illegible, the Promoters reserve the right to request a new more legible copy of the till slip or receipt, and if this is not received, the Promoters reserves the right not to include this till slip or receipt into the draw. A till slip may only be used ONCE during the Promotion Period and may not be used by another Participant once it has been submitted. The Participant who shares the till slip or receipt for the first time will be the Participant who will be entered into the draw.
6.7. The cell phone number of the Participant will be cross referenced for the purpose as set out in clause 6.6. Any suspected non-conformance to these Competition Rules will automatically disqualify the Participant from further entries to the remainder of the Promotional Competition and which disqualification shall be in the sole and absolute discretion of the Promoters.
6.8. Standard mobile network data rates and terms and conditions apply to all entries (or attempted entries) in this Promotional Competition.
6.9. Automatic validation will apply on certain cell phone numbers, and these entries will automatically be disqualified from this Promotional Competition. These include the service providers and/or internal employees of Vital and its associated companies and such further persons as listed in clause 10.2 below. Weekly validation checks will be performed and these entries will be deemed ineligible before the draw takes place each week.
7. THE PRIZES
7.1. Participants stand a chance to win one of three Prizes worth R50 000 each. Each Prize consists of the following:
7.1.1. an online consultation with Dr Michael Mol
7.1.2. R25 000 to spend on a new wardrobe (The cash value will be deposited into the Winner’s bank account as notified to the Promoters in writing);
7.1.3. a Vitagene online DNA Analysis;
7.1.4. a colour analysis (Depending on the location of the Winner, this could take place in person or be an online analysis at the election of the Promoter);
7.1.5. A consultation with a dietician (Depending on the location of the Winner, this could take place in person or be an on line analysis at the election of the Promoter).
7.2. The Prizes are not-transferable.
7.3. While every effort will be made to accommodate dates and appointment times, this cannot be guaranteed and Prizes (and the applicable consultations) must be completed within a period of 6 months from the date on which the Winner has been notified of winning the Prize. Failure to do so, will result in the Winner forfeiting the Prize with no recourse to the Promoters.
7.4. Any expenses (travel, data costs or otherwise) related to the facilitation of online meetings / in person consultations will be for the account of the Winner (e.g. petrol money, air time/data costs etc). We also need to add in here that should an appointment be made and confirmed, cancelations not made with at least 2 working days notification will result in a forfeiture of the prize.
7.5. The Winner acknowledges that the consultations are provided by third party service providers (unrelated to Vital) and accordingly Vital shall not be liable for any loss, damage, costs or such other expense suffered by the Winner (whether directly or indirectly) pursuant to the services provided by the third party service providers. The Winner furthermore indemnifies the Promoters in accordance with the provisions of clause 12.1.
7.6. Winners and Participants may be asked to appear on digital and/or other social media platforms of Vital, for which they shall not be remunerated but their appearance shall be voluntary.
8. HOW TO CLAIM YOUR PRIZE
8.1. There will be three promotional draws taking place as follows:
8.1.1. Draw 1: Entries close 16th April 2023 (draw to finalised within 5 working days following the date on which entries close);
8.1.2. Draw 2: Entries close 14th May 2023 (draw to finalised within 5 working days following the date on which entries close); and
8.1.3. Draw 3: Entries close 30th June 2023 (draw to finalised within 5 working days following the date on which entries close).
8.2. At each draw, 1 winner and 2 backups will be drawn. The selected Winner will be contacted and will be required to provide their ID, proof of residence and a copy of the till slip or receipt before being confirmed and verified. Should the selected Winner not meet the terms and conditions of this Promotional Competition as detailed in the Competition Rules, the Promoters reserve the right to move onto one of the backup Winners selected.
8.3. Winners will be contacted with 5 working days of the draws taking place and will be given 3 working days thereafter to submit all documentation required pursuant to the Competition Rules. Should the Winners not submit their documentation in time, the Promoters reserve the right to move on to the backup Winners.
9. PRIZE QUALIFICATION RULES
9.1. A Prize may not be handed over to a Winner when it is prohibited by law for the Winner to use the prize.
9.2. A Winner must provide valid proof of identity (a green bar-coded ID book, bar-coded ID card, passport or driver’s license) and proof of purchase.
9.3. 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.
9.4. The Prizes will not be awarded to a third party.
9.5. A Winner will accept the Prize “as is” and at his/her own risk.
9.6. No person ineligible or disqualified in terms of clause 6.9 and/or clause 10.2 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.
10. THE RULES
10.1. These Competition Rules shall be governed by and interpreted according to the laws of South Africa.
10.2. 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:
10.2.1. 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;
10.2.2. spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in clause 10.2.1;
10.2.3. persons who are not legal residents of South Africa;
10.2.4. persons not in possession of a valid South African identity document (a green bar-coded ID book, bar-coded ID card, passport or driver’s license); and
10.2.5. persons under the age of 18 years.
10.3. The Promotional Competition shall endure for the duration of the Promotion Period. No entries received after 11:59 on 30 June 2023 (or such other date determined by the Promoters) will be considered.
10.4. Competition entries are subject to the following conditions:
10.4.1. no computer-based entries will be accepted;
10.4.2. the Participant is liable to ensure that he/she submits correct till slips or receipts for the Qualifying Products purchased during the Promotion Period. Costs for incorrect entries are not refundable and the Promoters shall in no manner whatsoever be liable therefor;
10.4.3. 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.
11.1. By entering the Promotional Competition, all Participants agree to be bound by these Competition Rules.
11.2. 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.
11.3. The Promoters may require a Winner to complete and submit an information disclosure agreement to the Promoters to ensure compliance with these Competition Rules.
11.4. 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.
11.5. Winners may be requested to provide proof of repeat purchases if their entry volumes are seen to be excessive in amount, throughout the Promotion Period, as per the Promoters’ discretion, as it is assumed that each entry is associated with a new Qualifying Product purchase.
11.6. 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.
11.8. 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.
11.9. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network.
11.10. 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.
11.11. By entering the Promotional Competition, all Participants and a Winner 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. Participants may however direct any complaints or suggestions regarding the Promotional Competition to the call centre agents on 0800 114 449 between 09H00 to 16H00 on weekdays.
11.12. The Promoters reserve the right to:
11.12.1. 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
11.12.2. 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.
11.13. 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.
11.14. For further information or enquiries please email consumer services at call centre agents on 0800 114 449 between 09H00 to 16H00 on weekdays. Calls to this number will be charged by your cellular network service provider.
11.15. A copy of these Competition Rules is available at no cost and can be downloaded in printable form from www.vital.co.za as well as on the Whatsapp entry and/or Vital Facebook page.
12.1. By entering into the Promotional Competition, the Participant expressly agrees to the following indemnifications:
12.1.1. 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
12.1.2. 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.
12.2. All Participants and a Winner, 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 Vital, 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.
12.3. 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.
See below PDF of official Ts and Cs: