Magpie Scratch and Win Mystery Prize Promotion
Terms and Conditions
1. Important Notice:
1.1 These terms and conditions contain certain terms and conditions which (i) may limit the risk or liability of the promoters or a third party, (ii) may create risk or liability for you; and/or (iii) may compel you to indemnify RFG Foods (Pty) Ltd or a third party; and/or (iv) may be an acknowledgement of any fact by you.
1.2 You acknowledge that by participating in the promotion, you have been given an appropriate opportunity to first read and understand these terms and conditions before participating in the promotion and you agree to them.
1.3 Nothing in these terms and conditions is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations created for either the participant or the promoter in terms of the Consumer Protection Act, 68 of 2008 (“the CPA”).
2. This promotional giveaway is organised by RFG Foods (Pty) Ltd (Registration No: 2012/074402/07 (“Organizer”).
3. The promotion commences on the day the point of sale is put up into stores until stocks lasts.
4. You will only be eligible to enter this promotion if:
4.1 You are a natural person over the age of 18 at the date of purchase.
4.2 You are a South African resident;
4.3 It is not unlawful to supply the promotional branded element to you in terms of any legislation or public regulation and the Organizer reserves the right to require proof that it will not be unlawful to supply same to you.
5. To participate in this promotion:
5.1 Purchase any Magpie pie or muffin from a participating store to participate in the promotion.
5.2 Participants may participate as many times as they wish provided that each participation is associated with a separate purchase.
5.3 Only the original purchaser of the product is entitled to use such purchase to participate.
5.4 Purchases made outside of the promotion period do not qualify.
5.5 The Organizers and their associated partners, agencies, and suppliers are not liable for any technical failure that may result in any promotional purchase not being successfully concluded.
5.6 The Organizer and their agents accept no responsibility for difficulties experienced in submitting an entry to the promotion.
5.7 Qualifying products are as follows:
• Any Magpie pie or muffin
6. The giveaway:
6.1 Participants receive a free branded element.
6.2 To the extent that any taxes, duties, levies or other charges may be levied on the giveaway by the government or any other competent government or regulatory body, the participant will be liable therefore, and the Organizer will not increase the value of the giveaway to compensate for such charges.
6.3 The promotion is not transferable and may not be deferred, changed or exchanged for cash or any other item. The Organizer reserves the right to alter the giveaway for something of comparable commercial value.
6.4 The Organizers, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any giveaway nor in respect of any warranties or undertakings given by any person other than the Organizer themselves.
7.1 The promotional branded element will be handed over to the participant immediately upon purchase of any qualifying product until stocks last.
7.2 A successful promotional claim will be subject to the participant being successfully verified. Verification includes, but is not limited to, checks being undertaken to ensure that the products purchased in connection with the promotion were not returned and/or were paid for by the participant.
7.3 The Organizer reserves the right to reclaim any promotion if a breach is subsequently discovered.
7.4 The Organizer reserves the right to carry out reasonable due diligence to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring the Organizer or any of the Organizer’s brands into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Promotion as determined by the Organizer in its sole discretion.
7.5 The Organizer may refuse to award the giveaway to a participant if there is suspicion of any irregularities or fraudulent activities.
8. The participants may be required to take part in publicity and participation in the promotion is conditional on you agreeing to take part in such publicity. The participants will not be entitled to any remuneration for taking part in such publicity. All and any materials, including publicity materials, are the sole property of the Organizer.
9. Should you have a successful promotional claim, you undertake to expeditiously do all things necessary to enable the promoters to comply with their obligations under the CPA.
10. The Organizer reserves the right to vary, postpone, suspend, or cancel the promotion and any giveaway, or any aspect thereof, without notice at any time, for any reason which the Organizer reasonably deems necessary. In the event of such termination, all participants agree to waive any rights that they may have in terms of the promotion and acknowledge that they will have no recourse against the promoters, their advertising agencies, advisors, suppliers and nominated agents.
11. In the event of a dispute, the decision of the Organizer and its agency is final and binding and no correspondence will be entered into.
12. If the participants fail to comply with any of these rules or the terms of acceptance of the giveaway, this will be construed as a rejection of the giveaway and then, without prejudice to any other remedy which the Organizer and its associates may have, the participant will be automatically disqualified and will forfeit the giveaway.
13. You further accept and give the Organizer the right to transfer, where applicable, your personal information:
13.1 To any of its third parties for the purpose of processing the information which shall accord with the Protection of Personal Information Act 4 of 2013 (POPI); and
13.2 Outside of South Africa, such transfer shall conform with the provisions of POPI.
14. The Organizer does not sell or rent personal information about individual members to third parties. We may, however, disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
16. The laws of South Africa govern these terms and conditions and participants agree to be subject to the exclusive jurisdiction of the South African courts.
17. The Promotion shall comply with, and will be subject to, any peremptory provisions of the Consumer Protection Act 68 of 2008 (“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: http://www.thedtic.gov.za/
18. Any provision of these Rules or the Promotion which is held to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions thereof.
19. These terms and conditions are subject to change without notice, from time to time at our sole discretion.