Terms & Conditions

FISHAWAYS VOUCHER GIVEAWAYS

Please read the Promotional Competition Terms and Conditions (“the Terms and Conditions”) carefully. Your participation and entry will constitute your agreement to comply with these Terms and Conditions.

COMPETITION

This Promotional Competition (“the Competition”) is organised by Fishaways, part of Famous Brands and its associated group of companies, Registration Number 2001/004345/07, their designated agencies or promoters, and companies in association with the Competition (“the Promoters”).

1. WHO MAY ENTER?

• The Competition is open to citizens of South Africa, who hold a South African barcoded green ID Book or ID smartcard or valid South African passport, and Non-South African Citizens, with a valid Passport and Certificate of Residence.
• All persons entering this Competition (“the Participants”) agree that the Terms and Conditions, rules and provisions as set out herein are binding on them.
• By entering this Competition, all Participants acknowledge that they have the legal capacity to enter the Competition, and hereby agree to be bound by the Terms and Conditions as set out herein, which Terms and Conditions will be as interpreted by the Promoters.
• The Promoters’ decision regarding any dispute will be final and binding, and no correspondence will be entered thereafter.
• Every Participant must be a natural person of 18 (eighteen) years or older at date of their entry into the Competition.

2. WHO MAY NOT ENTER?

• Participation in this Competition specifically excludes any employee, director, member, partner, agent or consultant, or any person who directly or indirectly 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 Promoters, their advertising agencies, advisers and dealers (“Disqualified Persons”).
• Participants may not enter this Competition or be declared a winner if they have won a competition promoted by the Promoters within the preceding 12 (twelve) months of the Competition commencement date.
• Companies cannot participate in this Competition.

Participants under the age of 18 years at date of entry may not enter and will be disqualified.

3. COMPETITION PERIOD

• The Competition Period will be specified on the competition post.

The Competition Period may be extended or curtailed at the discretion of the Promoter.

4. ENTRY MECHANICS / HOW TO ENTER

• To successfully enter, Participants need to comment on the competition post on the Fishaways SA Facebook or Instagram pages.
• Entry to this Competition does not make a participant a winner.
• If the Participant has won on a specific social media profile, no other profiles will be accepted by the Promoters, or used by the Promoters to contact the Participant.
• Multiple entries are permitted.
• Winners will be announced at the end of the competition duration.
• The Promoter accepts no responsibility for entries lost, misdirected, illegible, late or altered. Entries that do not comply with these Terms will be disqualified.
• It is the Participant’s responsibility to ensure that any information which you provide to the Promoter is accurate and complete.
• Any and all tax implications and liabilities as a result of winning the Prize, will be solely borne by the Winner.

5. PRIZES AND DRAWS

• The prize consists of a voucher, the value of which will be specified on the competition post.
• If selected as a winner, participants have 5 working day to confirm.
• No substitution or assignment of the Prize is permitted.
• The Prizes can only be handed over to the winner if all details provided by the winner are factually correct, and requested supporting documentation is presented to the Promoter.
• The Promoter reserves the right to substitute the Prize with any other prize of similar economic value.
• The winners will be chosen by the judges, and the judges’ decision is final.
• Winners will be selected at the end of the competition period.

If for any unforeseen reason the draw cannot take place on the date as anticipated, then the Promoter will endeavour to conduct the draw within a reasonable period thereafter, and shall provide details of the new draw date on https://www.fishaways.co.za/

If the Prize is declined, or if the potential winner cannot be contacted from the details supplied on their entry after 3 (three) attempts to contact them via their social media inbox the day of the draw date, a replacement winner will be drawn at the Promoter’s discretion, and the replacement winner will be notified by the Promoter, and the “winner contact” process will be followed.

The same process as above will be followed, should the replacement winner also decline, or the Prize be unclaimed, or the replacement winner cannot be contacted. The Promoter has the right to publish the winner’s name and photographs (at no fee) in any advertising, promotional, print, point-of-sale, or public relations material. The nature of these publications will be determined at the sole discretion of the Promoter, for a period of 12 (twelve months) from the date/s of the Prize draw.

Once the Prize has been handed over to the winner in terms hereof, the results of the Competition are final in all respects, and no correspondence will be allowed.

6. NOTIFICATION OF WINNERS

• The Prize winners will be contacted via the social media inbox on the social media profile they used to enter the Competition, and same shall apply to redeem the Prize and any further, or other contact.
• The Promoters will select a winner from all the entries received.
• For the entry to be confirmed as valid, the Promoters will send a message to the potential winner via the inbox of the social media profile they used to enter, and conduct the Competition verification process.
• If the potential winner cannot be contacted after 3 (three) attempts on the day of the draw, then the Promoter reserves the right to offer the Prize to the next potential winner.
• The Promoters may collect, store and use (but not share) any personal information of entrants for communication or statistical purposes.

7. GENERAL

The Promoter is entitled to amend the Terms and Conditions hereof in so far as the same is deemed necessary, and such amendments may relate to any aspect of the Competition.

The amendments may include the addition, and or deletion of any existing, and/or proposed terms and conditions of the Competition, which amendments may also affect the identified Prize.

The proposed amendments may be affected during the Competition period which amendments may result in the Competition period being reduced, and or extended as deemed necessary.

It is the Participant’s responsibility to regularly check the website where the competition Terms and Conditions are made available.

If the Terms and Conditions are amended as provided for in clause 7a and 7b, such amendments shall become effective immediately, or on such date as may be stated or determined by the Promoter. However, all Winners who have received confirmation of the Prize prior to such amendment, will remain eligible to receive the Prize as awarded in accordance with the Terms and Conditions in force when they were selected as winners. No Participant shall have any recourse or claim against the Promoter, because of any amendment to these Terms and Conditions, or in respect of termination or suspension of the Competition in-line with these Terms and Conditions.

If the Promoter cannot continue with this Competition for any reason, or if it is required to cancel, suspend or terminate the Competition by any regulatory term or applicable law, the Promoter may cancel, suspend or terminate the Competition on condition that:

1. No winner has been declared; and
2. Notice of such Competition cancellation has been given to all Participants.
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• Any false or inaccurate information provided will result in disqualification.
• If the Competition is held to be, or becomes unlawful, or if the Promoter is required by the Minister of Trade and Industry, or the National Consumer Commission or WASPA, to alter any aspect of the Competition, then to the full extent permitted by law, the Promoter reserves the right to suspend or terminate the competition immediately and without notice, in which event all Participants agree to waive any rights that they may have in terms of the Competition, and accept that no recourse will be sought against the Promoter.
• The Winner’s use of the Prize shall be entirely at their own risk, and they hereby indemnify and absolve the Promoter from any liability or damage, arising from accident, injury, harm, death, costs, including direct, indirect, special incidental or consequential or any punitive damages and/or loss sustained, because of the entry or participation in the Competition and possession, or use of the Prize as won in the Competition.
• To the extent permitted by the Consumer Protection Act of 2008 (“CPA”), the Participant, and/or Winner indemnifies and absolves the Promoter from claims arising from any loss, damage, harm, or injury which the prize winners may sustain, because of any claim which may be made against it by any third party.
• The Participant and/or Winner indemnifies the Promoter against any claim of any nature whatsoever arising out of and/or from their participation in any way in this Promotional Competition (including, as result of any act or omission, whether negligent or otherwise on the part of the Promoter).
• Any dispute or claim arising out of, or in connection with the Competition shall be governed by, and construed in accordance with the laws of the Republic of South Africa.
• The Promoter reserves the right to withhold the Prize until it is entirely satisfied that the claimant of the Prize is the bona fide Winner, and reserves the right to call for such proof as it may deem necessary.
• The Promoter accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable, and not within its reasonable control for late, or delayed delivery of the Prize.
• To the extent that the Terms and Conditions or any goods or services provided under these Terms are governed by the CPA, no provision as contained herein is intended to contravene the applicable provisions of the CPA, and therefore all provisions must be treated as qualified, to the extent necessary, to ensure that the relevant provisions of the CPA are complied with.
• By participating in this competition Participants agree to receive future marketing material from the brand/s on promotion. However, the Participant has the right to unsubscribe to receiving marketing material or request the Promoter to delete their information by contacting the Promoter at Fishaways, Famous Brands Pty (Ltd).