BURGER KING® SOUTH AFRICA
BOEREWORS BURGER SOUTH AFRICAN ADVENTURE FOR TWO! #COMBONATION EXPERIENCE
COMPETITION RULES
The following provisions are drawn to the attention of the participant:
•
clauses (16), (17), (20), (21) and (25) (including the fact, nature and effect of the limitations of liability
contemplated therein); and
•
1)
clause (24) (including the fact, nature and effect of the indemnity contemplated therein).
This competition is conducted by the Promoter (as defined below), commences on 1 March 2017 and
entries close at 11h59 pm on 31 May 2017.
2)
By entering the competition, all participants accept and agree to abide by these rules (“the rules”). Please
read the rules carefully and make sure you understand them before you participate in, or enter into, the
competition. Please do not enter or participate further in the competition if you do not agree to the rules.
Any person failing to comply with the rules will not be entitled to participate in this competition or will be
disqualified from the competition. The rules must be read in conjunction with any promotional material
utilised in relation to the competition ("Promotional Material"). In the event of a conflict between the
rules and any Promotional Material, the rules will prevail.
3)
The terms "participant", "you" and "your" are used interchangeably in the rules and refer to the individual
who participates in the competition from time to time (or intends participating in the competition) and
those participants who may receive any prize in terms of the rules.
4)
This competition is open for entry to all residents of the Republic of South Africa who fulfill the further
requirements detailed in these rules and (to the extent applicable) any Promotional Material. You
are not eligible to participate in this competition if:
a)
You are a director, member, partner, employee, agent of, or consultant to, the Promoter, its
affiliates (being any any persons related or inter-related to the Promoter (as contemplated
in section 2 of the Companies Act 71 of 2008 (as amended)) and/or divisions and/or
subsidiaries, or any other person who directly or indirectly controls or is controlled by, the
Promoter, or any marketing service providers in respect of this competition, or any supplier of
goods or services in connection with the competition; or
b)
You are a director, member, partner, employee, agent of, or consultant to, any franchised outlet
of the Promoter; or
c)
You are a spouse, life partner, parent, child or sibling, immediate family member, business
partner or associate of the persons specified in 2 (a) above.
5)
This competition is only open to entrants aged 18 (eighteen) years and older.
6)
Entrants must be in possession of a valid passport for the travel period and will be responsible for any
visas. This requirement is also of application to the selected guest of winner, who is also required to be
aged 18 (eighteen) years and older.
7)
The prize includes:
a)
return economy flights (including airport taxes) to a destination confirmed in final itinerary for the
winner and a guest. The initial and final flights will depart from, and return to, an airport within
South Africa close to the prize winner’s residence;
b)
transport (by road and/or air) to various destinations within (and possibly adjacent to) South
Africa, depending on the final itinerary;
c)
transport (by road) from the winner’s place of residence to and from the airport will be arranged
for the winner (and guest);
d)
hotel, lodge and/or self-catering accommodation (graded three stars or above) will be made
available for the winner and a guest at the various destinations;
e)
tickets for two (2) securing entry to and participation in attractions and predetermined tourist
activities within (and possibly adjacent) South Africa, depending on the final itinerary,
to the maximum aggregate value of R70 000 (Seventy Thousand Rand).
8)
The prize excludes any items or costs not referred to in clause (7) above, which items and costs will be for
the prize winner and their guests’ account, including without limitation, the costs of (and application for)
any passport, visa, personal and travel insurance, meals, drinks, excursions and other activities.
9)
The prize may include a visit to a country adjacent to the Republic of South Africa. Tourist visas to such
destination may be required and will be the responsibility of the winner and their guest. Should a winner
be refused a tourist visa, the winner will be deemed to have been disqualified from the competition and a
new winner will be randomly drawn. Should a guest be refused a tourist visa then the winner will required
to immediately select a new guest, with the provisions of this clause being of equal application to such
new guest.
10)
To enter this competition you are required to:
a)
Purchase a Boerewors Burger at any BURGER KING® restaurant in South Africa and retain your till
slip from such purchase; and
b)
11)
SMS your full name + the unique code reflected on your till slip to 32323.
If you use a mobile phone for entry into the competition, the text messages you send will be charged
at R1 (one Rand) per message. Free minutes or free SMSs under a mobile phone contract do not
apply.
12)
Only one (1) entry is permitted in respect of each unique code reflected on the till slip. Participants
are not limited to the number of times they may enter the competition in the manner contemplated in
clause (10) above.
13)
The travel dates for the winner and their guest will be specified by the Promoter on the finalisation of the
South African adventure for two! #COMBOnation competition itinerary (estimated to be in May 2017).
The winner undertakes to use their reasonable endeavors to ensure that they, and their guest, are
available to travel on such dates. Travel and hotel reservations are subject to availability and may not be
available on certain dates. Travel dates may be varied and any or all amendments of travel dates will be at
Promoter’s reasonable discretion. Once the winner and their guest have been granted a visa (to the
extent required) and all relevant details necessary for the issue of initial and any further air-tickets have
been furnished by the winner and their guest to the Promoter, the initial air-tickets will be delivered to
the winner at their place of residence or work. Any other relevant tickets and/or documentation will be
delivered by the Promoter to the winner at such time and in such manner as the Promoter shall from time
to time determine. The winner will be required, on receipt of the prize (or any portion thereof from time
to time) to complete and sign an acknowledgment of receipt of such prize.
14)
One overall winner will be randomly selected after 31 May 2017 and will be notified via telephone prior to
an official announcement being made by the Promoter on various social media platforms determined by
the Promoter in its discretion after 31 May 2017.
15)
If the winner cannot be contacted electronically or telephonically for a period of 7 (seven) days after the
draw, the winner will be disqualified and the prize will be forfeited to a runner up winner, who will be
randomly drawn. If the runner up winner cannot be contacted telephonically or electronically for a period
of a further seven 7 days thereafter, the process will be repeated until a winner is confirmed.
16)
The prize is not transferable, is non-refundable and may not be exchanged or redeemed for cash. The
Promoter reserves the right to substitute the prize or any portion thereof with any other prize of
comparable commercial value.
17)
The Promoter may, before or after the winner of the competition has been publicly announced, require
that the winner permit the use of their image and/or name in its marketing material and/or participate
in its marketing activities (including publishing and distributing any and all details of the winner and/or
taking pictures and/or videos of the winner and/or using the winner’s details or photographs and/or
videos in any advertising or promotional material and furthermore requiring that the winner document
their trip on social media tagging @BurgerKingZA) (“the Invitation”). The winner has the right to decline
the Invitation. Should the winner fail to decline the Invitation by telephone: + 27 21 443 9243 or e-mail:
[email protected] within five (5) days of being notified that he/she is a winner of the competition,
then such winner shall be deemed to have accepted the Invitation and granted their permission and/or
agreed to participate in the manner as aforesaid. Neither winners nor their guests will be entitled to any
payment or other remuneration for any such publicity or otherwise. All and any materials, including
publicity materials will be the sole property of the Promoter. To the maximum extent permitted in law
the Promoter disclaims all liability for any loss, damage, cost or expense incurred by the winner as a
result of the winner’s participation in any of the activities detailed herein.
18)
The Promoter reserves the right to cancel, temporarily suspend or modify this competition in the event of
any circumstances outside its reasonable control, or of technical or other difficulties that might, in the
Promoter’s reasonable discretion, compromise the competition’s integrity. In the event where this
competition is cancelled, modified or suspended, all participants agree to waive any rights that they may
have in terms of the competition and acknowledge that they have no recourse against the Promoter or its
a f f i l i a t e s . The promoter will take reasonable steps to notify participants should any modification, suspension
or cancellation of the competition become necessary, which notification shall be made on its website at
http://www.burgerking.co.za (“the Website”).
19)
Any guest of the winner of this competition shall be bound by these rules mutatis mutandis (i.e. subject to
changing those things which need to be changed) and the winner undertakes to ensure that a copy of
these rules is furnished to the guest prior to such guest being invited by the winner to participate in the
prize with them.
20)
To the maximum extent permitted in law, neither the Promoter nor its affiliates, nor any of their
directors, prescribed officers, managers, employees, franchisees, agents, or other persons in respect of whose actions any such
persons may be held to be vicariously liable or anyone associated with any of them (collectively, the "Burger King® South Africa
Parties"), shall be liable in any way whatsoever for any injury, claim, loss, damage or costs of whatsoever
nature, whether direct, indirect, consequential or otherwise, whatsoever and howsoever arising from
your participation in this competition or the use of any prize won there under (any such prizes being
utilized at the own risk of any winner thereof and their guest).
21)
Under no circumstances (to the maximum extent permitted in law and without prejudice to the provisions
of clause 20 above) shall any of the Burger King® South Africa Parties be liable to anyone who enters this
competition for any indirect or consequential loss howsoever arising which may be suffered in relation to
the competition or the use of any prize won thereunder, whether as a result of any negligent act or
omission or any default on the part of any of the Burger King® South Africa Parties
22)
By entering into this competition, the participant, agrees that the following intellectual property rights in
and to materials included in any entry (even if not selected as the winning entry) shall belong exclusively
to the Promoter to the maximum extent permitted by law: a. the right to publish, copy and make the
material accessible to the public; b. the right to modify the material in order to publish, copy or to make
it accessible to the public. The participant agrees to assign, or to procure the assignment, to the
Promoter of all such right, title and interest in and to such intellectual property rights. The participant
further agrees to execute, or procure the execution of, such documents and do, and procure the doing
of, all such acts or things as are reasonably required for the purpose of giving effect to this assignment.
The participants are not entitled to any compensation in return for the assignment of rights pursuant this
clause.
23)
By entering into this competition, the participant represents that the till slip (and unique code reflected
thereon) is that of the participant and that use of the entry (or reliance thereon) by the Promoter or any
other company or entity designated by the Promoter and its affiliates will not infringe any third parties’
property rights including copyright, trademark, privacy or any other personal or proprietary right.
24)
By entering into this competition, the participant agrees, to the maximum extent permitted in law, to
indemnify and hold harmless the Burger King® South Africa Parties from and against any loss, cost,
damage, expense, claim or demand (whether direct, indirect, consequential or otherwise and including
reasonable legal fees) of or by (as the case may be) a third party arising from the participants’ participation in the
competition or relating to the use of, or reliance upon, such entry by the Promoter (or any other
company or entity designated by the Promoter) or arising out of participant's use of any prize won or
breach of these rules.
25)
It is the participant's responsibility to ensure that its entry is received by the Promoter prior to the
closure of the competition. Any entries which are not received by the Promoter prior to the closure
of the competition will not be eligible to participate, regardless of the reason for the late entry. The
Promoter and its affiliates are not responsible for any entries which are not received by them,
whether timeously or at all, regardless of the cause thereof. Without limitation, the Promoter and its
affiliates are not responsible for any problems or the technical malfunction of any telephone or mobile
network or lines, computer systems, servers or providers, computer hardware or software failure or
malfunction, traffic congestion, or any combination thereof, or any other technical or other problems
of whatsoever nature.
26)
The laws of South Africa govern these rules and, subject to the provisions of the Consumer Protection
Act 68 of 2008 (as amended) (“the CPA”), participants agree to be subject to the jurisdiction of the
South African courts.
27)
Each sentence, paragraph, term, clause and provision of these rules and any portion thereof shall be
considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is
held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation
(including, without limitation, the CPA and any Regulations thereto) or in terms of a final, binding
judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not
impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or
provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force
and effect and bind the parties hereto. If any provision of these rules is found by any Court to be unfair as
contemplated in Regulation 44 to the CPA, then that provision will apply to the maximum extent
permitted under the CPA and will further be governed by the provisions of this clause mutatis mutandis
(i.e. subject to changing those things which need to be changed).
28)
The Promoter’s decision on any matter concerning the competition and/or arising out of these rules is
final and binding on you, and no correspondence will be entered into.
29)
It is prohibited to reproduce or publish anything relating to the competition without the prior explicit
written consent of the Promoter.
30)
Neither the Promoter nor its affiliates are responsible or liable for costs or expenses of the participant in
connection with or relating to participating in the competition. This includes but is not limited to the
costs of the use of internet or any mobile phone network, which are for the account of the participant.
31)
By entering the competition you agree to receive further communication and direct marketing material
from the Promoter.
32)
This competition shall comply with, and will be subject to, any peremptory provisions of the CPA and the
Regulations promulgated thereunder, which are deemed to be incorporated herein (“Peremptory
Provisions”). In the event of any conflict between these rules and the Peremptory Provisions, the latter
shall prevail. Copies of the CPA and the regulations promulgated thereunder are available on the
Department of Trade and Industry Website: www.dti.gov.za. Any breach of any such Peremptory Provision
shall be governed by the provisions of clause (27) mutatis mutandis.
33)
A copy of these rules is available on the Website: www.burgerking.co.za.
34)
“Promoter” means Burger King South Africa (Pty) Ltd (Registration Number: 2011/143896/07) (33 on
Heerengracht, Foreshore, Cape Town, 8001).