Terms & Conditions
Welcome to “Add Your Golden Touch” (the “Competition”), which is conducted and managed by Ferrero Ithemba RSA Proprietary Limited, registration number 2004/032821/07, having its registered office at Ground Floor, Block C, 204 Rivonia Road, Morningside, Sandton, Republic of South Africa, 2196 and its postal address at P O Box 651308, Benmore 2010 ("Ferrero”).
By participating in the Competition, each Participant stands a chance to win one (1) of nine (9) digital prizes listed in section II.4 below (the “Prizes”). To receive one (1) of the Prizes, the Participants shall provide their email address and complete the digital unwrapping of a Ferrero Rocher (the "Game"), available on the Digital Platform, accessible through one (1) of the Access Points (as such terms are defined in section I below.). Each Participant may only play one (1) time within a period of twenty-four (24) hours.
I. Purpose
These terms & conditions (these "Terms & Conditions") are intended to formalise the rules by which the Competition will be conducted and the conditions of participating therein.
By participating in the Competition, each Participant accepts these Terms & Conditions as binding, including all the conditions contained therein.
Participation in the Competition is the exclusive responsibility of the Participant. Ferrero and its representatives bear no responsibility for any damage incurred or that may be incurred by a Participant as a result of, or in connection with, their participation in the Competition.
The following terms shall have the meaning ascribed to them
| “Access Points” |
The starting point for accessing the Digital Platform, which is a QR code available on the Ferrero Rocher website, that links directly to the Digital Platform. |
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“Competition Period” |
As defined in section II. 1. |
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“Digital Platform” |
https://www.ferrerorocher.com/za/en/ |
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“Participant” |
Any individual meeting the criteria set in section II. 2, and participating in the Competition, all in accordance with these Terms & Conditions. |
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“Winner” |
The Participant randomly selected to receive one (1) of the available Prizes in accordance with section II. 3. |
II. Terms of Competition
1. Competition Period
The Competition is implemented locally in the territory of South Africa and opens on 1 November 2024 and closes on 31 December 2024 South African Standard Time (SAST) (the “Competition Period”). Any entries received after midnight on the 31 December 2024 will not be valid and will not be considered.
2. Terms of Participation
To participate, Participants must:
a. To be a resident of South Africa who is eighteen (18) years of age or older and is in possession of a valid identity document;
b. agree with the Terms & Conditions; and
c. provide their email address.
The following persons are excluded from participating: directors, members, partners, employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by Ferrero or its marketing service providers in respect of this Competition, or the spouses, life partners, business partners or immediate family members of any of the foregoing.
Should any of the criteria above not be adhered to, there will not be any possibility for the Participant or purported Participant to receive the Prize.
3. Competition Mechanics & Winner Selection
Participants can take part in the Competition by:
a. accessing the Digital Platform through one of the Access Points and providing their email address and confirming they read, understand, and accept these Terms & Conditions; and
b. completing the Game by choosing to digitally unwrap one (1) Ferrero Rocher.
There are no entry fees to participate in this Competition apart from expenses related to the use of an internet connection for the purpose of participating in the Competition. No refund may be claimed for expenses related to the use of an internet connection for the purpose of participating in the Competition. 3
Each Participant can only play the Game one (1) time within a period of twenty-four (24) hours. Once the Participant has completed the Game, an automated system (a “Calculator”) is used to randomly select the Participant’s Prize amongst the ones described in section II. 4.
Upon completing the Game, Participants will receive a congratulatory message on the Digital Platform, prompting them to confirm whether they wish to redeem the Prize. The Participant can claim the Prize immediately by pressing the ‘claim reward’ button displayed on the Digital Platform. The right to any benefit or right conferred upon the Participant as a result of the Participant's participation in the Competition is not dependent upon the Participant paying any consideration to Ferrero for the Prize.
Ferrero shall not be responsible for any uncompleted Games for any reason whatsoever including, by way of example only and without limitation, as a consequence of communications or network failures.
4. Prize Description
Participants will win one (1) Prize each time they complete the Game, subject to the time limit outlined in section II 3. The Prize/s include one (1) of nine (9) of the following Ferrero digital prizes:
a. a personalised advent calendar;
b. printable name tags;
c. Ferrero Rocher cake (version one (1));
d. a golden cake (version two (2));
e. DIY ornaments or origami;
f. gift wrapping or furoshiki;
g. golden table decorations;
h. golden table centerpieces; or
i. a golden wreath.
DISCLAIMER: All Prizes are digital only and will not include any physical items listed above.
5. Responsibility
Participants confirm that they have the legal right and capacity to accept these Terms & Conditions in their jurisdiction and that their participation, in accordance with the methods and terms indicated herein, does not violate any applicable law, regulation, or other provision in their jurisdiction.
Participants shall not be entitled to claim any form of compensation from Ferrero in the event of any issues arising in relation to the following:
a. technical issues with the Game;
b. internet rate issues;
c. data transmission delays;
d. the Participant’s device failure;
e. technical issues with the Access Points; and/or
f. providing an incorrect or international delivery address.
Ferrero will sanction and/or will not hesitate in taking legal action if:
a. any of the rules set out in these Terms & Conditions are found to be broken;
b. there is any misrepresentation or falsification of identity, no matter the method used;
c. there is any fraud of any nature whatsoever; and/or
d. there is any attempt to hijack the Competition rules and disrupt the smooth running of the Competition, regardless of the method used.
6. Personal Information:
By entering the Competition, the Participant consents to the collection, use, storage, disclosure and processing of their personal information (as defined in the Protection of Personal Information Act 4 of 2013) by Ferrero for a reasonable period for the purposes of administering the Competition, providing the Prize and other activities as contemplated in these Terms & Conditions. The types of personal information that Ferrero may collect includes information necessary for its legitimate business interests and the categories of personal information identified in relevant data protection laws in South Africa. This may include the Participant's name, identity number, e-mail, physical and postal addresses, contact information, and other information the Participant provides when entering and participating in the Competition.
Ferrero may use the Participant's personal information:
a. to update Ferrero's existing records;
b. for the purpose of administering customer relations; and
c. to make information available on future competitions, promotions, or products which Ferrero may conduct and/or make available (as applicable).
By participating in the Competition, each Participant consents to the transfer, storage and processing of the personal information in South Africa, which consent may be withdrawn at any time by written notification to Ferrero.
Each Participant acknowledges that Ferrero and/or its duly authorised agents will keep their personal information to fulfil the purposes for which it was collected or as required by applicable laws or regulations. Ferrero and/or its duly authorised agents will not use any of the Participant's personal information for a different purpose without first obtaining their permission. Ferrero and its duly authorised agents will not allow unauthorised use of any of the Participant's personal information.
7. Limitation of Liability:
As far as the law allows:
a. Ferrero shall not be responsible or liable for any lost, damaged, delayed, incorrect, incomplete or disqualified entries for any reason whatsoever or for a Participant's failure to access the Digital Platform or play the Game for any reason whatsoever including by way of example only as a consequence of technical malfunction, error or failure of or in any communications infrastructure or any system, satellite, network, server, hardware or software of any kind, or for any interception of or unauthorised access to any entry during the course of submission of an entry; and
b. neither Ferrero, its associated and/or affiliated companies, nor the directors, officers, employees or agents of Ferrero or any of the aforegoing, shall be liable for any loss, damage, costs or injuries, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever which may be suffered as a result of entering the Competition, the provision or use of or participation in the Game or the Prizes, or any act or omission of any other person.
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This limits and excludes obligations, liabilities and legal responsibilities which Ferrero, and other persons, may have towards the Participant and also limits and excludes the Participant's rights and remedies against such persons. |
8. Indemnity:
As far as the law allows, the Participant hereby irrevocably indemnifies Ferrero, its associated and/or affiliated companies, the directors, officers, employees or agents of Ferrero or any of the aforegoing, and also holds Ferrero and all such persons and entities harmless, from and against any and all loss, liability, harm, costs, damages, claims, injury and death which may be suffered or incurred by the Participant or other person directly or indirectly as a result of participating in this Competition and/or using, receiving, participating in or benefitting from the Game and/or a Prize. This applies even where the loss, liability, harm, costs, damages, claims, injury or death is direct, indirect, consequential or as a result of negligence.
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The Participant agree to take on risk and responsibility for claims and losses arising from participation in this Competition, the Game and the use of any Prize, by the Participant and any other person who participates in the Prize with the Participant. |
9. General:
For any queries, questions, comments, or complaints regarding the Competition or the Game, as well as to access a copy of these rules, please visit: https://www.ferrerorocher.com/za/en/
Ferrero reserves the right, acting reasonably, to cancel or amend the Competition due to events or circumstances which prevent Ferrero from conducting the Competition as intended. The Participant is entitled to withdraw from the Competition if they do not agree with any amendments made by Ferrero. As far as the law allows, if Ferrero cancels the Competition or amends these rules, the Participant will have no claim against Ferrero.
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The paragraph above is important because it:
Ferrero will not be responsible to any Participant if they suffer loss or damages because of any change or because of the cancellation of the Competition. |
These Terms & Conditions shall be governed by the laws of South Africa. The Participant consents to the non-exclusive jurisdiction of the High Court of South Africa, (Western Cape Division, Cape Town) in respect of all matters arising out of or in connection with the Competition or these Terms & Conditions.
If any provision of these Terms & Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms & Conditions and shall not affect the validity or enforceability of any remaining provisions.