Terms and Conditions

Nutella - Share the Love this Christmas Competition Rules

Promoter:

The promoter is Ferrero iThemba RSA Proprietary Limited, registration number 2004/032821/07, a private company duly registered in accordance with the laws of the Republic of South Africa and having its registered address at Ground Floor, Block C, 204 Rivonia Road, Morningside, Sandton, 2196 (the "Promoter").

Rules:

These rules apply to entries into the Share the Love this Christmas competition (the "Competition"). By entering the Competition, you agree to be bound by these rules. If you do not agree to these rules, you must not enter the Competition. The Promoter reserves the right, acting reasonably, to disqualify participants who do not comply with these rules.

Who may enter:

This Competition is open to all residents of South Africa who are 18 (eighteen) years of age or older and are in possession of a valid identity document, except for directors, members, partners, employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by the Promoter 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.

Duration:

The Competition runs from on 18 November 2024, and closes on 30 December 2024, at 23h59. No late entries will be accepted.

Prizes:

There will be a total of 20 (twenty) winners selected to win 2 (two) festive sweaters each (the "Prize/s"). A total of 40 (forty) festive jumpers will be awarded over the Competition period. Prizes will be allocated by the agency that represents the Promoter.

How to Enter:

To enter this Competition, you must comment on the Nutella ZA Facebook post with their favourite Nutella Christmas recipe to stand a chance to win. You may only enter once in response to the post. No refund may be claimed for expenses related to the use of an internet connection for the purpose of participating in the Competition. The Promoter shall not be responsible for entries to the Competition that are not received for any reason whatsoever including, by way of example only and without limitation, as a consequence of communications or network failures.

Social media platforms:

The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or any other social network platform on which the Competition may be communicated. By entering this Competition, you acknowledge that you will also have to agree to be bound by the terms and conditions and terms of use applicable to the relevant social media platform on which the Competition is communicated. Please note that such terms and conditions may require you to release the social media platform from any claims arising in connection with the Competition or the acceptance and/or use of any of the Prizes.

Winner selection:

Winners will be selected using the Facebook comment picker tool on Facebook business php (Facebook Comment Picker - Free Giveaway for Facebook Page) on 10 January 2025. The Promoter reserves the right to name the winner publicly on Facebook, Instagram, any other social media platform or medium which the Promoter considers appropriate. By entering the Competition, prize winners agree to the publication of their name by the Promoter.

Winner notification:

The Promoter will attempt to contact the winner as soon as practicable, using Facebook Messenger or any details available on their Facebook page. The Promoter will use reasonable endeavours to notify the winner by Facebook Messenger and/or other contact details provided on or about the following working day after 10 January 2025. The Promoter may require the winner to provide it with additional information as it may reasonably require to confirm the identity of the winner, by way of example only and without limitation, producing a valid identity document and signing a receipt for the Prize received. Should any of the winners not be reached after 5 (five) attempts have been made during business hours (i.e. between 8h00 AM and 17h00 PM, excluding public holidays, Saturdays and Sundays) within a period of 72 (seventy-two) hours of the draw for any reason whatsoever, the Prize will be forfeited, and another winner will be selected in accordance with the Competition rules as more specifically set out herein.

Prize acceptance:

The Prizes awarded to the winners are not transferable (i.e. they may not be sold, re-sold, or offered for sale) and all winners will have to claim their respective Prizes within 30 (thirty) calendar days after a winner has been announced and/or contacted by the Promoter. Failure to claim a Prize within the specified time period or a refusal or inability to comply herewith, will disqualify a winner and a new winner may be drawn in their place at the sole discretion of the Promoter.

The Prizes do not include any other costs or expenses relating to the Prizes or the enjoyment of the Prizes not expressly specified in these rules. There is no cash or other alternative to the Prizes in whole or in part. The Prizes cannot be replaced or refunded in the event of loss, theft or missed opportunity.

All risks in the Prizes will pass to the winner/s upon notification of having won a Prize. Where necessary, the winner/s shall ensure that their Prize is insured adequately against all risks including damage to the Prize as well as damage to third party property and/or persons. Such insurance is for the cost of the winner/s and neither the Promoter nor any other party associated with the Competition will be liable for the costs thereof or be liable should such insurance not be made provision for a winner/s.

The above rule has important legal consequences for you. In these rules:

• various costs, losses, damages, expenses and taxes that are not included in the prize are set out; 
• the responsibilities and liability of the Promoter are excluded or limited; and
• the winner takes on various responsibilities and liability.

By entering the Competition, you agree to these limits and exclusions from the Prize. You also agree that if you are the winner, then you will have the responsibilities and liability listed in these rules.

Consumer Protection Act:

By entering the Competition in accordance with its terms, you are entering a "Promotional Competition" for the purposes of the Consumer Protection Act, 68 of 2008, as amended (the "CPA") and the Promotional Competition will be conducted in accordance with the relevant provisions of the CPA. Should you win a prize in the Competition, you undertake to expeditiously do all things necessary to enable the Promoter to comply with its obligations under the CPA including, but not limited to (i) providing such personal information as may be required in order to facilitate handing over a Prize (including providing your proof of address and identity number) and (ii) signing receipt of a Prize upon its delivery. It is not intended that any provision of these rules contravenes any provision of the CPA and therefore all provisions of these rules must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.

Except in so far as required in the CPA, the Promoter's (or person appointed for such purpose by the Promoter) decision as to any winner in terms of these rule is final and binding and no correspondence will be entered into in this regard.

Personal Information:

By entering the Competition, you consent to the collection, use, storage, disclosure and processing of your personal information (as defined in the Protection of Personal Information Act 4 of 2013) by the Promoter for a reasonable period for the purposes of administering the Competition, providing the Prize and other activities as contemplated in these rules. The types of personal information that the Promoter 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 your name, identity number, e-mail, physical and postal addresses, contact information, and other information you provide when entering and participating in the Competition.

The Promoter may use your personal information:

• to update the Promoter's existing records;
• for the purpose of administering customer relations; and
• to make information available on future competitions, promotions, or products which the Promoter may conduct and/or make available (as applicable).

By participating in the Competition, you consent 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 the Promoter.

You acknowledge that the Promoter and/or its duly authorised agents will keep your personal information to fulfil the purposes for which it was collected or as required by applicable laws or regulations. The Promoter and/or its duly authorised agents will not use any of your personal information for a different purpose without first obtaining your permission. The Promoter and its duly authorised agents will not allow unauthorised use of any of your personal information.

For any information regarding the processing of personal information by the Promoter and its duly authorised agents, including a list of its data processors, please contact: privacy@ferrero.com.

Intellectual Property:

By providing a submission, you warrant that, to the extent that this applies, it is your own original work and that you are the owner of any intellectual property therein and grant the Promoter and its affiliated companies the perpetual royalty free right, except where prohibited by law, to use the contents thereof for any purpose whatsoever and to use your name for this Competition’s purposes in promoting or publicising the Competition, including the right to name the winner(s) of a Prize(s) in public and/or by means of any social media forum.

The Promoter, however, does not have any obligation to use the winning entries for any purpose. The Promoter reserves the right to request that any images taken of the winner/s be used for marketing purposes in any manner they deem fit, without any further remuneration being made payable to a winner, which request a winner may decline.

Limitation of Liability:

As far as the law allows:

• the Promoter shall not be responsible or liable for any lost, damaged, delayed, incorrect, incomplete or disqualified entries for any reason whatsoever or for your failure to access the Competition or submit an entry 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
• neither the Promoter, its associated and/or affiliated companies, nor the directors, officers, employees or agents of the Promoter or any of the aforegoing, shall be liable for any loss or damage, costs, 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 Prizes, or any act or omission of any other person.

This limits and excludes obligations, liabilities and legal responsibilities which the Promoter, and other persons may have towards you and also limits and excludes your rights and remedies against such persons.

Indemnity:

As far as the law allows, you hereby irrevocably indemnify the Promoter, its associated and/or affiliated companies, the directors, officers, employees or agents of the Promoter or any of the aforegoing, and also hold the Promoter 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 you or other person directly or indirectly as a result of participating in this Competition and/or using, receiving, participating in or benefitting from 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.

You agree to take on risk and responsibility for claims and losses arising from participation in this Competition, and the use of any Prize, by you and any other person who participates in the Prize with you.

General:

For any queries, questions, comments, or complaints regarding the Competition, as well as to access a copy of these rules, please visit: https://www.nutella.com/za/en.

A copy of these rules is also available at https://www.facebook.com/NutellaZA.

The Promoter reserves the right, acting reasonably, to cancel or amend the Competition due to events or circumstances which prevent the Promoter from conducting the Competition as intended. You are entitled to withdraw from the Competition if you do not agree with any amendments made by the Promoter. As far as the law allows, if the Promoter cancels the Competition or amends these rules, you will have no claim against the Promoter.

The paragraph above is important because it:

• limits or excludes the Promoter's legal responsibilities and liability if there is any cancellation or change of the Competition or these rules; and
• limits or excludes any rights or remedies you may have against the Promoter.

The Promoter 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 rules shall be governed by the laws of South Africa. You consent 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 rules.

If any provision of these rules is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these rules and shall not affect the validity or enforceability of any remaining provisions.