TERMS & CONDITIONS
TERMS & CONDITIONS
This website is only intended to provide general information regarding Mrs Balls and its products and services. Copyright of information contained in this website is owned by Mrs Balls. You may use this information and reproduce it in hard copy for your own personal reference use only.
INFORMATION PURPOSES ONLY
This website is only intended to provide general information regarding Mrs Balls and its products and services. It is not intended to provide exhaustive treatment of any subject dealt with and Mrs Balls expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without notice. Accordingly, the information in this website is not intended to constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action, which might affect your personal finances or business, you should consult a qualified professional advisor. This website could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein and these changes will be incorporated in new editions of this website. Mrs Balls may make improvements and/or changes to this website at any time.
LINKS TO THIRD PARTY SITES
Hyperlinks or other external computer links may be provided for your convenience, but they are beyond the control of Mrs Balls and no representation or endorsement is made as to their content. Use of or reliance on any hyperlinks or other external computer links that may be provided is at your own risk.
This website and the information contained thereon or referenced thereby is provided "as is" and Mrs Balls makes no express or implied warranties, representations, statements or guarantees (whether express, implied in law or residual) with regard thereto. Without limiting the generality of the aforementioned:
• Mrs Balls does not warrant that the website or information will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. Mrs Balls expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and
• whilst Mrs Balls has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of your system in any manner whatsoever.
RISK & LIMITATION OF LIABILITY
Your use of this website and the information contained therein is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. Neither Mrs Balls, its affiliated companies, holding company, subsidiaries or subsidiaries of its holding company, or their respective shareholders, agents, directors, consultants or employees will be liable for any damages whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to the access and use of or reliance upon any information, links or service provided through this website, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise. You hereby indemnify Mrs Balls and waive any rights you may have or obtain against Mrs Balls in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by such you and/or third party as a result of or which may be attributable directly or indirectly to any of the aforesaid. Without limiting the generality of the a-foregoing Mrs Balls shall not be responsible for and disclaims all liability for any loss, expense or damage of whatever nature incurred or sustained by you or any third party, due to:
• any failure and/or unavailability of the website for any reason whatsoever and/or the failure/delay by any third party service provider to render any services which are necessary to ensure the availability and proper functioning of the website; and
• your use of or reliance on any information offered on or via the website.
Mrs Balls reserves its rights to amend the content of the website, at any time and without any notice. These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with these terms or any matter related to or in connection therewith.
MRS BALLS SOCIAL CAMPAIGN - T&Cs ("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, 68 of 2008;
1.1.2 "Business Day" means a day other than a Saturday or a Sunday or a day which from time to time is a proclaimed public holiday in the Republic of South Africa;
1.1.3 “Competition Rules” mean s these rules, as required by Section 36 of the Act;
1.1.4 “Participant” means an individual who enters the Promotional Competition and meets the criteria set out in any natural person who qualifies in terms of clause 4.1;
1.1.5 “POPI” means the Protection of Personal Information Act, No 4 of 2013;
1.1.6 “Promoter” means Tiger Consumer Brands Limited;
1.1.7 “Promotional Competition” means the competition to which these rules pertain as run by the Promoter during the Promotion Period;
1.1.8 “Promotion Period” means the period starts on 23 February, and closes on 28 February 2021, at 00h00. No late entries will be accepted;
1.1.9 “Prize” means as further described in clause 6;
1.1.10 “Redeemable Period” means the period that the Participants have to redeem their Prize being from the beginning of the competition 23 March to 8 April 2021 up to 2 days after the expiry of the Promotion Period; and
1.1.11 “Winner” means a Participant who is successful in the Promotional Competition and is notified as such by the Promoter in terms of clause 7.
2.1 The Promoter is offering a Promotional Competition in terms of which the Participants can enter the Promotional Competition in order to win the Prize, in terms of the Competition Rules set out herein.
3 The Consumer Protection Act
3.1 The Competition Rules contain certain terms and conditions which may:-
3.1.1 limit the risk or liability of the Promoter, 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 Promoter 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 may not be a juristic person;
4.1.2 18 years or older; and
4.1.3 a permanent resident or citizens of the Republic of South Africa.
4.2 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.
4.3 It is a material term of the Promotional Competition that all Participants’ to this Promotional Competition participate entirely at their own risk.
4.4 No director, employee, agent or consultant of the Promotor(s), or their spouses, life partners, business partners or immediate family members, or the supplier of goods and services in connection with this competition may participate in this competition.
5 How to enter
5.1 Send a selfie of yourself in the comment thread on the Facebook OR Twitter competition post with a bottle of Mrs Ball’s sweet chilli product.
5.2 Tell us how you enjoy this product.
5.3 The Promoter is not liable for the failure of any technical element relating to this promotional competition that may result in an entry not being successfully submitted.
6 The Prize
6.1 Stand a chance win a hamper sponsored by Mrs Balls
6.2 Winners will be selected on the 10 and 11 of March by the promoter, and will be vetting the entries where 30 shortlisted winners could win a Mrs Balls hamper box.
6.3 The Winners will be selected by the promoter and will be announced on the Mrs Ball’s Facebook and Twitter pages, and asked to send a direct message to the brand to share delivery address.
6.4 Any prize not taken up for any reason within 2 days of notification will be forfeited.
6.5 No payment will be made to winners in exchange of the hamper box and no negotiations will be entered into.
7 The Winner
7.1 By participating in the Promotional Competition, the Winner hereby accepts that the Winner will be asked to take part in further publicity relating to the Promotional Competition, with the Winner’s permission, the Promoter may incorporate the Winner in publicity campaigns or allow their names and likenesses to be used for promotional purposes aligned with the Promoter's business, including but not limited to posting photos and names to the Promoter's website, Facebook and other social media pages.
7.2 All Winners will be required to provide their names, ID numbers and contact details and to sign an acknowledgement of receipt of the Prize.
7.3 The Participants consent, by taking part in the competition to the Promoter using the personal information collected through the competition to adjudicate the competition.
7.4 Where Participants/ Winners consent to take part in the Promoter's publicity campaigns, they will not be entitled to any remuneration for such participation and all materials arising from such participation will be the sole property of the Promoter.
8 The Rules
8.1 The following rules apply to the Promotional Competition:-
8.1.1 the Participants must provide correct and up-to-date personal details as required by the Promoter and allow the Promoter to process such information in terms of POPI;
8.1.2 The Promoter reserves the right to amend these Competition Rules by bringing it to the Participants attention within a reasonable period of time and may terminate the Promotional Competition at any time. In such event, where the Promotional Competition is terminated or suspended, all Participants agree to waive any rights that they may have in terms of the Promotional Competition and acknowledge that they have no recourse against the Promoter, their employees, agents, partners, suppliers, or sponsors;
8.1.3 In the event of a dispute, the decision of the Promoter will be final and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoter shall be entitled to deal with such disputes (or any failure by Participants to follow the rules) in their sole discretion, including that the Promoter shall be entitled to immediately disqualify Participants from this Promotional Competition.
8.1.4 Unlawful, fraudulent, or otherwise dishonest conduct or any conduct in breach of these Rules by a Participant and/or their parents/guardians, determined in the Promoter’s sole discretion, may result in disqualification from the Promotional Competition and ineligibility to win any prize.
8.1.5 The Promoter has the final say over who is selected, and no negotiations will be entered into.
8.1.6 The final number of winners is selected randomly based on the details requested to enter the competition and consumers cannot claim favouritism.
9.1 By entering into the Promotional Competition, the Participant expressly agrees to the following indemnifications:
9.1.1 the Participant indemnifies and holds harmless the Promoter and its promotional partners, their employees 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, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy; and
9.1.2 the Participant accepts that the Indemnified Parties will not be responsible for any costs, damage or otherwise, howsoever incurred by the Winner subsequent to claiming the Prize.
10 Prize Qualification Rules
10.1 A Prize may not be handed over to a winner when it is prohibited by law for the winner to use the prize. The Winner must prove their eligibility to use the prize. Once the Winner has been notified and the prize has been handed over, the Winner must sign an acknowledgement of receiving the Prize.
10.2 The Winner must provide valid proof of identity (a green bar-coded ID book, passport or drivers licence).
10.3 Any extras not included in the Prize as detailed above will be at the expense of the winner.
10.4 The Promoter reserves the right to substitute the Prize with any other prize of similar commercial value to the Prize offered herein, at its sole discretion.
10.5 Delivery of the prizes may take 7-10 working days to reach the recipient dependent on the distance
10.6 For further information or enquiries please email consumer services at firstname.lastname@example.org or call us on 086 010 O878. Calls to this number will be charged by your cellular network service provider.
11.1 Any personal data relating to the Winner or any other entrants will be used solely in accordance with current Act (defined above) and POPI and will not be disclosed to a third party without the entrant’s prior consent.
11.2 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network.
11.3 The Participant by part taking in the Promotional Competition consents to his/her personal information to be shared with the Promoter's employees, contractors or agents for the purpose of this Promotional Competition and for the purpose of sharing future promotions.