Terms of service.
INTRODUCTION TO COMPETITION TERMS -
These terms and conditions (“General Terms”) are the overarching general terms and conditions that apply to all the competitions controlled by Fixer Solutions (Pty) Ltd. (“Fixer” / “the Promoter”), (the “Competition” or collectively, “Competitions”, as applicable) and accessed using the relevant Promoter website per Competition (“Website”), where these should be read with, and to include, all of the other Promoter Rules or Policies applicable from time to time.
The terms "user", “you" and “your” are used interchangeably and refer to all persons who enters a Competition (“entrant”) or votes in one (“voter”). Accordingly, the terms “us”, “our” or “we” used refers to the Promoter or its possession.
We may change these General Terms, or our other applicable policies, at any time. You should check our Website/Competition page regularly for any changes which will apply from the date that they are uploaded. For further information in relation to any applicable rules, please contact info@circa1430.com. It is solely your responsibility to ensure that you are aware of, have read and understood any changes as and when they become applicable; where we are under no obligation to ensure that you have done so.
By entering any Promoter Competition you agree that you have read, understood and agree to be legally bound by these General Terms and any other applicable Promoter policy or Rules related to the Competitions, where any infringement thereof by a participant, entrant or voter constitutes a serious breach entitling the Promoter to terminate a user’s participation, entry or voting in a Competition or Competitions, or the use of the applicable Website.
Please pay specific attention to the BOLD paragraphs of these General Terms. These paragraphs or statements limit the risk or liability of the Promoter or a related third-party, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify the Promoter or is an acknowledgement of any fact by you.
ELIGIBILITY FOR COMPETITION ENTRIES
The Competition is open to South African residents only, regardless of citizenship.
The Competition is not open to employees of the Promoter and their immediate families, the prize sponsors or their respective advertising agencies and PR companies.
Unless otherwise directed by a Competition’s specific Rules, entrants are only ever allowed to enter any Competition once. Any manipulation of technologies or use of multiple pseudonym profiles/accounts to multiply an entrant’s entry (or the use of any other methodologies which run contrary to the spirit and intention of our restrictions, judged in our sole discretion), will constitute an immediate ground for disqualification and is a breach of these General Terms.
To enter the Competition all entrants must comply with the Competition Rules by submitting their details/entries as requested and specified in the applicable Rules. Entries will be considered incomplete and thus disqualified if the entrant does not provide all requested information.
ACCEPTANCE OF ENTRIES & AWARDING PRIZES
By entering any competition all participants and winners agree to be bound by these Terms and any Competition-specific Rules, which will be interpreted by the Promoter, in its sole discretion and its decision regarding any dispute will be conclusive, final and binding and will not be challenged on any grounds, including without limitation, the grounds that the Promoter failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles or procedural fairness.
The Promoter reserves the right to amend the validity dates of Terms/Rules of any Competition at any time, provided reasonable notice will be provided on our Website and other necessary competition platforms.
The Promoter shall not be liable for any disruption to any Competition, whether due to technical problems or otherwise, which is beyond its reasonable control. In the event of any disruption to the Competition, the Promoter shall use its reasonable endeavours to remedy any disruption and resume the Competition on a fair and equitable basis to the entrants.
The Promoter reserves the right to disqualify any winner/entrant(s) if they do not respond to a communication to them on their selected social media direct messaging boards and/or to their next of kin’s nominated social media direct messaging board, within 72 hours of notification thereon and in such even a randomly selected replacement entrant from the Competition entries will be chosen.
In such circumstances, the replacement entrant/winner shall be contacted by the Promoter by [email / phone] as soon as reasonably practicable and shall be required to respond to the Promoter in the manner set out in such communication.
In the event that the replacement winner fails to respond to the Promoter as required then the provisions of this clause shall apply to that new winner in the same way as if they were an original winner.
Any unclaimed prize will not be resent. The Promoter reserves the right to redistribute the prize.
Cash payment of the winnings as a substitute for any prize is not possible.
The Competition winner will have [15] working days to claim acceptance of his/her prize and the receipt thereof will be subject to age verification and compliance with all other applicable Competition Rules. Upon failure to do so, the Promoter reserves the right to select a new winner in accordance with the terms stipulated herein.
The winners of all competitions shall be chosen strictly in accordance with the requirements and procedures of the Consumer Protection Act, 2008.
The winners will be notified [by email] on or before [10 July 2024] of the closing date of the relevant Competition on [email]. Delivery / Collection of any applicable prizes will be arranged by the Promoter upon receiving valid verification and details from the winner.
The Promoter reserves the right to substitute a prize with any other prize of equal value to the prize/s offered herein, at its sole discretion.
Entrants or participants in any Competition may need to pay a fee to the Promoter, where same requirement will be detailed in each Competition-specific set of Rules.
The decision of the Promoter relating to winners is final and the Promoter shall not enter into any correspondence about the result.
Entries that do not comply with these Terms and/or Competition-specific Rules will be disqualified.
Entries that depict any criminal activity will be disqualified immediately and crimes will be reported to the police.
Any breach of the terms and conditions may, at the Promoter’s absolute discretion, result in forfeiture of any prize.
FURTHER CONDITIONS OF COMPETITION PARTICIPATION
Further Competition E-Mails:
You may automatically be added to the Promoter’s mailing list and the Promoter could notify you of new services, competitions or specials which may be of interest to you.
From time to time the Promoter may e-mail you information about the Promoter’s or our partners, if you do not wish to receive this e-mail you can opt out as provided for in the e-mail.
Transfer of Ownership:
Transfer of the prize shall occur between the company which owns the prize and the winner. The Promotor shall not be required to facilitate the transfer of ownership into the hands of the winner.
PERSONAL DATA REQUIRED FOR COMPETITION PARTICIPATION
You (the entrant) will be asked to provide various required forms of personally identifiable information whenever entering a competition.
The Promoter and its affiliates collect and use your personal data in order to enable your participation in our competitions and related online activities.
By entering this, the Promoter reserves the right to communicate with you at any given time during and after the campaign and you may opt out or de-register at any time.
All processing of your personal information will be strictly in accordance with our Privacy Policy.
Please feel free to contact us on info@circa1430.com to discuss any aspect of your personal information processing with us.
NEVER PROVIDE US WITH ANY INFORMATION RELATED TO MINORS (I.E. BELOW THE AGE OF 18), INCLUDING YOUR DETAILS IF YOU ARE A MINOR.
DO NOT PROVIDE US WITH ANY FILM OR STILL FOOTAGE CONTAINING MINORS OR DEPICTING NUDITY/CRIMINALITY IN ANY WAY. WE WILL IMMEDIATELY DELETE ALL SUCH INFORMATION AND WILL CONSIDER SUCH PROVISION A MATERIAL BREACH OF OUR TERMS AND REPORT INFRINGERS TO THE REQUIRED AUTHORITIES IF REQUIRED.
OWNERSHIP AND INTELLECTUAL PROPERTY
The Promoter does not claim ownership of your intellectual property submission to any competition, but by submitting an entry, you are granting the Promoter as well as its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up rights to publish your submissions and name or alias in connection with any Promoter competition and your submissions.
Therefore, entrants understand and agree that their submission may be posted and publicly viewable, and for which the Promoter will never pay any fee to the entrant for.
The winner/s hereby agrees to allow the Promoter, to require the winner/s (at no fee) to be identified and a photograph/s taken and published in printed media, or to appear on radio and television, and various online channels when accepting their prize(s).
Details of the winner/s may also be announced on the Promoter’s website and any other media properties that it chooses. The Promoter, acting reasonably, retains the right to delay the timing of the publication of the winners of the competition.
The Promoter, however, does not have any obligation to use the winning submissions for any purpose.
INDEMNITY
All entrants and winners indemnify the Promoter, its advertising agencies, advisers, suppliers, and nominated agents against any and all claims, damages or loss howsoever arising, including but not limited to willful misconduct or negligent act or omission arising from their participation in any competition.
RELEASE OF LIABILITY
The Promoter reserves the right to terminate any competition at any time, provided that it will provide reasonable notice to all affected parties where and when required by law.
The Promoter cannot accept any responsibility for entries not received because they have been lost, or not received due to interrupted internet connections or miscommunications, or other electronic malfunctions.
Any entries found to be a duplicate or fraudulent, or as a result of any manipulation or misuse of an unfair methodology or tool, will result in the entrant being excluded from the competition.
By participating, all entrants release the Promoter, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of all Promoter competitions from any and all liability with respect to and in any way arising from participation in any competition, acceptance or use of prizes.
Entrants also agree that the Promoter, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of all Promoter competitions are not responsible or liable for any injury or damage to an entrant’s or third person’s computer, property or self, related to or resulting from the competition, their submission/s and/or its prizes.
Therefore, if you enter into any competition, you agree not to hold the Promoter or any associated parties of the Promoter liable for any loss or injury you may suffer as a result of entering into a competition.
The Promoter reserves the right to modify or cancel a competition in the event that any portion of any website used to administer any aspect of a competition becomes technically corrupted.
Entrants agree that the Promoter and its subsidiaries (The Promoter included), as well as the Promoter’s corporation’s or its subsidiaries’ advertising and competition agencies, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever, and will be held harmless by winner(s) for any injuries, losses or costs or damage of any kind resulting in whole or in part, directly or indirectly from acceptance, possession, misuse or use of prize or parts thereof, or from participation in any competition.