Nestea Take the Plunge Terms and Conditions
terms and conditions
This Competition is conducted by Clover Waters (Pty) Ltd (“the Organiser”) and is only open to persons who are resident of South Africa. Persons who are resident outside of South Africa may not apply. Directors, members, agents, employees, immediate family members of any employees of the Organiser, its advertising agencies, advisors and suppliers are not eligible to enter the Competition but are eligible to vote during voting week. Herein the entrant must be 18 years or older, must be able to swim, may not be under the influence of alcohol and must be of sound health with no injuries particularly to the back, neck or joints.
By entering the Competition all participants and winners agree to be bound by these rules, which will be interpreted by the Organiser, 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 Organiser failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness. By entering the Competition, you hereby warrant that all information submitted by you in your Entry and Vote is true, accurate and complete in every respect.
3. ABOUT NESTEA TAKE THE PLUNGE
This campaign will see six celebrities and six winning fans plunging backwards into a body of water (swimming pool) after enjoying a refreshing sip of Nestea, in an effort to raise up to R100 000 for the Childhood Cancer Foundation (CHOC).
The Campaign will commence on Tuesday, September 01, 2015 at 08h00 and will close at 12h00 on Friday, October 30, 2015;
4. HOW TO ENTER
4.1. Call-for-entries to fans on social media for their most creative outfit suggestions for each celebrity respectively open every Monday at 08h00 and closes every Wednesday at 12h00 (midday) from Monday, 07 September 2015 to Wednesday, 14 October 2015.
4.2. Clover will in its entire discretion choose the winning fan based on the most creative outfit suggestion submitted by fans based on subjective views. The winning fan will be contacted on Wednesday to plunge alongside the celebrity both in the fan’s outfit choice; herein the winning fan must avail themselves for the plunge and herein winners will be given two (2) hours to confirm their involvement before the winner is reselected – the 2nd place winner (runner up) will then be notified and the winner will be forced to forfeit their prize.
4.3. Plunges take place every Saturday from 12 September – 17 October in Johannesburg.
4.4. Plunges will be recorded, edited and uploaded onto social media and fans will be required to sign an indemnity form herein (refer to point 5).
4.5. Winners within a 200km radius from the venue in Sandton (Johannesburg) will be liable to cover their own travel to and from the official plunge location. Clover will cover all transport cost and/or flights and transfers for winners outside a 200km radius subject to availability and discretion to choose the mode of transport. Winners are required to cover their own travel to the airport and Clover will cover all costs from the airport to the event.
5. PLUNGE VIDEOS
5.1. Celebrity and fan plunge videos will be uploaded to Nestea’s social media platforms every Thursday following the official plunge, which took place the prior Saturday.
5.2. Viewers are encouraged to like, share and engage.
5.3. All videos and material remain the propriety of Clover and the winning fan shall have no right, title or interest to it as well as no right to any further compensation for participating in the event or recording of the video thereof.
6. PLUNGE RULES
A step-by-step guide to taking the Nestea plunge
• To truly take the plunge, have a refreshing Nestea (500ml) on-hand
• Slip into your plunging outfit of choice – we won’t judge
• Stand on the edge of the pool with your back towards the pool in safe plunging distance from the pool – remember, we are plunging into the water, not onto the pavement
• Keep your legs straight (no bent knees) and your arms stretched out on either side of you
• Take a sip of Nestea (and try not to loose yourself in it)
• Plunge backwards into the pool to experience the ultimate refreshment (with Nestea in hand, of course)
**Note: The plunge is recommended for campaign participants only; Nestea and Clover hereby accepts no responsibility for any injuries, loss or damage incurred.
7. HOW TO VOTE
7.1. Once the sixth and final celebrity and fan video has been uploaded onto social media voting week will commence.
7.2. Voting week opens on 26 October 2015 at 08h00 and closes on 30 October 2015 at midday.
7.3. Voting for your favourite celebrity plunge video takes place on Facebook and votes need to be submitted under the voting tab on the Nestea South Africa Facebook page.
7.4. Votes are free for fans but Clover will donate R10 for each vote submitted for the winning celebrity plunge video.
7.5. Only one vote per fan per video is allowed, however fans are able to vote for more than one celebrity plunge video.
7.6. Votes must be made by the Closing Date and in the manner set out in the Competition Terms. Failure to do so will result in disqualification.
8. GRAND PRIZE
7.1 The celebrity/ fan plunge video that receives the most votes will be announced on 30 October 2015 by14h00 and the winning fan will be notified via email and/or telephone.
7.2 Winners will receive the following;
7.2.1 The celebrity will win up to R100 000 for CHOC (based on the votes received).
7.2.2 The fan will win a luxury trip for two (2) to the Knysna Tonquani Lodge and Spa near to the Drupkelders natural rock pool for four (4) nights valued at up to R50 000.
18.104.22.168 This prize includes transfers, accommodation, car hire and flights and thereby arrangements to the airport must be made at the winner’s expense.
7.3 The Organiser reserves the right to disqualify a winner/s if they do not respond to a telephone call and email to them within 24 hours of notification thereof and in such event the runner up (2nd place winner) from the Competition entries will be chosen. In such circumstances, the replacement winner shall be contacted by the Organiser by telephone and emailed as soon as reasonably practicable and shall be required to respond to Organiser in the manner set out in such email. In the event that the replacement winner fails to respond to Organiser 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.
7.4 The consumer Official Grand Prize to the value of R50 000 is not transferable and there is no cash alternative unless otherwise stated. The Organiser reserves the right to substitute a prize with any other prize of equal value to the prizes offered herein, at its sole discretion.
7.5 Claims for prizes (including venue, flights and hotel) must be made within the specified time of six months (six months from the competition closing date) or dependant on prize availability dates. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
7.6 Flights are based on availability and Clover reserves the right to use its discretion to select another winner or make alternative arrangements if required.
7.7 Where the prize may not be appropriate for a younger contestant, the minimum age for entry is 18 years old will be stated in the Competition Notice and must be observed. The organiser reserves the right to select another winner.
7.8 Where the prize may not be appropriate for the winner, the winner is not obligated to claim the prize. Upon declining the prize, the Organiser reserves the right to select another winner.
9.1. The decision of Organiser is final and Organiser shall not enter into any correspondence about the result. Organiser accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered.
9.2. Entries that do not comply with these terms and conditions will be disqualified.
9.3. Organiser shall not be liable for any disruption to the 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 the disruption and resume the Competition on a fair and equitable basis to the Entrants.
9.4. By entering this Competition you agree to be bound by these Terms and Conditions. Any breach of the terms and conditions may, at Organiser’s absolute discretion, result in forfeiture of any prize.
10. PERSONAL DATA
You will be asked to provide your full name, email address and other related personal information. The Organiser and its Organiser affiliate have the right to collect and use any personal data listed hereby in order to enable your participation in this Competition and related online activities. Your personal data will be used exclusively for the Organiser’s, its affiliates and subsidiaries’ marketing purposes and, by participating in the Competition, you expressly consent to the transfer, storage and processing of the data in South Africa.
You hereby grant to the Organiser the worldwide right (but not obligation) during and after the competition to use all information submitted and material submitted in original or modified forms in all advertising and media known or hereinafter developed, including the internet and other digital media. The organiser shall be the exclusive owner of any and all materials produced under this competition including, without limitation, any of the ideas, suggestions, videos, copyrighted works, or words incorporated therein. We keep it to fulfil the purposes for which it was collected or as required by applicable laws or regulations. We will not use your personal information for a different purpose without first asking your permission. We may share your personal information with any Organiser subsidiary worldwide, or with authorized third parties. We do not allow third parties to use your personal information for a different purpose and you will be allowed to opt out if necessary.
11. OWNERSHIP AND PUBLICITY
11.1. Organiser does not claim ownership of your submission to the Competition; but by submitting an entry, you are granting Organiser and its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up rights: (1) to make, have made, use, copy, reproduce, modify, and create derivative works of the contributions, (2) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of the contributions (and derivative works thereof), (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and (4) to publish your name or alias in connection with this Competition and your contributions.
11.2. Entrants understand and agree that their submission may be posted and publicly viewable. By providing a submission, you grant Organiser and its affiliated companies the right, except where prohibited by law, to use your name for Competition purposes in promoting or publicizing the Competition, including right to name the winner(s) of the prize(s) in public. Organiser, however, does not have any obligation to use the winning Entries for any purpose.
11.3. The winner/s hereby agrees to allow the Organiser’s, to require the winner/s (at no fee) to be identified and a photograph taken and published in printed media, or to appear on radio and television, when accepting their prize(s). All entries become the property of Organiser.
11.4. Details of the winner/s may also be announced on the Organiser’s website and any other media properties that it chooses. Organiser, acting reasonably, retains the right to delay the timing of the publication of the winners of the Competition.
11.5. By entering this, the Organiser 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 Entrants and winners indemnify the Organiser, its advertising agencies, advisers, suppliers, and nominated agents against any and all claims, damages or loss howsoever arising, including but not limited to wilful misconduct or negligent act or omission arising from their participation in this Competition. All entrants may not hold the organiser liable for death, injury, damage or loss of any description, which they may suffer or sustain as the result of their participation in the competition. Further to this, the organiser is not liable for any consumers taking the plunge on their own accord and outside of the competition. Entrants may not be under the influence of alcohol and we hereby hold the right to withhold the prize if the entrant does not comply.
13. RELEASE OF LIABILITY
13.1. The Organiser reserves the right to terminate the Competition at any time.
13.2. Organiser cannot accept any responsibility for entries not received because they have been lost, or delayed in the post or not received due to interrupted internet connections or miscommunications, or other electronic malfunctions or not received due to lost, late, mutilated, illegible, incomplete entries. Any entries found to be duplicate or fraudulent will result in the Entrant being excluded from the Competition. By participating, all Entrant’s release Organiser, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Competition from any and all liability with respect to and in any way arising from participation in this Competition, acceptance or use of prizes. Entrant’s also agree that Organiser, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Competition are not responsible or liable for any injury or damage to a Entrant’s or third person’s computer related to or resulting from the Competition, the submission and/or its prizes. Organiser is not liable for damage to a user’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an Entrant’s participation in the Competition or downloading of information in connection with the Competition. Organiser reserves the right to modify or cancel the Competition in the event that any portion of any website used to administer any aspect of the Competition becomes technically corrupted.
13.3. Organiser assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. Organiser is 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 Organiser 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 Entrant’s or any other person’s computer relating to or resulting from participation in this Competition or downloading any materials in this Competition.
13.4. Entrant’s agree that Organiser and its subsidiaries (including the Organiser), as well as Organiser Corporation’s or its subsidiaries’ advertising and Competition agencies, and all of their respective officers, directors, employees, representatives and agents will have not 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 a prize or parts thereof, or from participation in this Competition. 13.5. Organiser’s entire liability and your sole and exclusive remedy will be limited to a distribution of the equivalent amount of prizes as set forth above. By participating in the Competition, you waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) month after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
14.1. This Competition is in no way organized, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to the Organiser and not to Facebook. The information you provide will be used for email/SMS communications for future Competitions.
14.2. Any questions, comments or complaints regarding the Competition can be directed to the Organiser and not to Facebook.
15. Instructions form part of the Terms and Conditions.
Organiser reserves the right to change any of these terms and conditions at any time, without any notice being given to those participating.
16.2 Information is collected by specifically requesting it from you, this occurs when you enter the Competition.
17. USE OF INFORMATION COLLECTED ON THE WEBSITE
17.1 The Organiser wants to help you maintain your privacy on the Internet.
17.2 The Organiser will treat your information in total confidence and will only share your information with our affiliates, investors, alliance partners and agents and will not sell, share or rent this information to any other third-parties.
17.3 The information which the Organiser collects from you may be used for a variety of reasons, such as establishing the general demographics, statistics or market information or to compile a broad profile of visitors who engage with the Organiser.
18 COMPETITION EMAILS
18.1 You will automatically be added to the Organiser’s mailing list and the Organiser will notify you of new services or specials, which may be of interest to you.
18.2 From time to time the Organiser will email you information about the Organiser or our partners, if you do not wish to receive this e-mail you can opt out as provided for in the email.
19.1 The Organiser uses cookie technology. Cookie technology consists of tiny pieces of data that is stored on your computer’s hard drive and which contains information about you, so that next time you visit the site the Cookie reminds the Organiser of who you are, enabling us to achieve our goal of providing a valuable online experience to you.
19.2 You can, however, set up your Internet browser to disable this cookie technology.
20 WHEN THE ORGANISER WILL DISCLOSE INFORMATION
20.1 The Organiser may disclose information if required to do so by law or if it is required to protect the safety of the Organiser’s customers or the public, or if the Organiser believes that such action is necessary to protect and defend our rights or property, the site or the Organiser customers.
21 STORAGE OF INFORMATION
21.1 Information collected by the Organiser via the site is stored in a secure operating environment that is not available to the public.
22 RIGHT TO AMEND THIS POLICY