Nutella Share your Love 2022Campaign – T&Cs
1. Interpretation
1.1. In the Competition Rules, unless the context clearly indicates a contrary intention, the following words will have the following meanings and cognate expressions will have corresponding meanings:
1.1.1. “the Act” means the Consumer Protection Act 68 of 2008;
1.1.2. "Competition Period" means from 07:00 on the 1 November 2022 to 23:59 on 31 December 2022 (inclusive);
1.1.3. “Competition Rules” means the rules contained herein, as required by Section 36 of the Act;
1.1.4. "Ferrero Group" means the Promoter's associated and/or affiliated companies;
1.1.5. “Participant” means any natural person who qualifies in terms of clause 4.1 hereof and who enters into the Promotional Competition in terms of clause 5 hereof;
1.1.6. “POPI” means the Protection of Personal Information Act, No 4 of 2013;
1.1.7. “Promoter” means Ferrero Group Brands Ltd;
1.1.8. “Promotional Competition” means the competition to which these rules pertain as run by the Promoter during the Promotion Period;
1.1.9. “Promotion Period” means the period starting on 1 November 2022 – 31 December 2022 at midnight. No late entries will be accepted;
1.1.10. “Prize” means as further described in clause Error! Reference source not found.;
1.1.11. “Redeemable Period” means the period in which the Winner must redeem their Prize, being three attempts to contact the Winner to confirm Prize and of the courier delivery or collection ;.
1.1.12. “Winner” means the Participant who is successful in the Promotional Competition and is notifiedassuchbythePromoterintermsofclauseError!Referencesourcenotfound.; and
1.1.13. "Participating Products" means the 350g or 680g Nutella jar wrapped with the Christmas label.
2. Introduction
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.
2.2. The Promoter hereby imposes the following Competition Rules in terms of Section 36 of the Act.
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 a permanent resident or citizen of the Republic of South Africa.
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;
4.2. It is a material term of the Promotional Competition, and all Participants agree, that all Participants’ to this Promotional Competition participate entirely at their own risk.
4.3. No director, employee, agent or consultant of the Ferrero Group, 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 Promotional Competition.
4.4. Anyone who within a period of 183 days preceding this Promotional Competition has won any competition organised, promoted, or conducted by Ferrero Group, who resides at the same address as a Winner, or who uses the same telephone number to enter this Promotional Competition may not participate in this Promotional Competition.
5. How to enter
To enter this Promotional Competition Participants must: purchase a Participating Product, scan the QR code and follow the prompts from the website to the WhatsApp journey, including sending. Send a photo of the Participating Product in the Participant's kitchen.
5.1. Multiple entries by a single Participant are permitted with supporting till slips (different to previous entries).
5.2. 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.
5.3. Entries which are unclear, illegible or contain errors will be declared invalid.
5.4. A valid entry will require a photo of the purchased Participating Product in the Participant's kitchen.
5.5. Participants must keep and show either the Participating Product or produce the till slip to redeem the Prize.
5.6. One Prize per family will be awarded.
5.7. One Prize per phone number will be awarded.
5.8. Only one Prize will be awarded, Participants cannot win both prizes.
6. The Prize
6.1. WIN 1 of 10 SMEG mixers or 1 of 50 Nutella Christmas jerseys during the Competition Period ("Prize"). The Prizes are not exchangeable for cash and will not be transferable or negotiable.
6.2. The Winners will be selected by an audited random draw and will be notified telephonically within four weeks of the selection having taken place. In the event that any of the Winners cannot be successfully contacted following all reasonable attempts to do so the Promoter reserves the right to draw another Winner in substitution. The names of the Winners will be available from the Promoter. Any queries in this regard may be directed to the Ferrero Group consumer care - consumercare.mea@ferrero.com.
6.3. As far as the law allows, the Promoter shall only be responsible for the maximum amount per Prize as specified in these Competition Rules.
6.4. As far as the law allows, all warranties and representations in relation to the Prize/s not set out in these Competition Rules (whether express, implied or tacit) are hereby excluded.
6.5. AnyPrizenottakenupforanyreasonduringtheRedeemablePeriodofnotificationwillbeforfeited.
6.6. The Promoter reserves the right to substitute the Prizes for an alternative prize of equal or greater value should the Prizes promoted not be available due to unforeseen circumstances.
6.7. All Prizes are limited to one per person, per unique purchase.
7. The Winner
7.1. There will be 60 Winners selected during the Competition Period. .
7.2. TheWinnersmayberequiredtosignawaiverofliabilityandindemnitybeforeclaimingtheirPrizes.
7.3. All Winners will be required to provide their names, ID numbers and contact details and to sign an acknowledgement of receipt of the Prize.
7.4. The Participants consent, by taking part in the Promotional Competition, to the Promoter using the personal information collected by the Promoter through the Promotional Competition to adjudicate the Promotional Competition and for future marketing purposes by 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 with each entry sent to 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 Competition 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 Competition Rules by a Participant, determined in the Promoter’s sole discretion, may result in disqualification from the Promotional Competition and ineligibility to win any Prize.
9. Indemnification
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.
9.2. As far as the law allows, the maximum liability of the Promoter, its associated and/or affiliated companies, any platform, the sponsor of any Prize, the directors, officers, employees or agents of the Promoter, or any of the aforegoing, to the Participant and any other person (including any partner or other person directly or indirectly as a result of using, receiving, participating in or benefitting from a Prize) arising from this Promotional Competition, whether in contract or delict and all other causes of action arising from this Promotional Competition, shall be limited in the aggregate to an amount equal to R100.00.
10. Prize Qualification Rules
10.1.Participation in the Promotional Competition constitutes acceptance of the Competition Rules. 10.2.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.
10.3.To the extent required by applicable law, the Participant must inform their employer of his/her participation in the Promotional Competition and must obtain consent to participate, if this is required, the Promoter accepts no responsibility in this regard should the Participant have failed to obtain the necessary consent, resulting in their inability to redeem the Prize.
10.4.Any extras not included in the Prize as detailed above will be at the expense of the Winner.
10.5.For further information or enquiries please email consumer services at consumercare.mea@ferrero.com
11. POPI
11.1.Any personal data relating to the Participants will be used solely in accordance with the Act and POPI and will not be disclosed to a third party without the Participant's prior consent.
11.2.This Promotional Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social network.
11.3.The Participant by partaking 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.
11.4.For more information, please see our privacy policy [https://www.ferrero.com/Ferrero-Privacy- Policy].