TERMS AND CONDITIONS: EASYPAY MOBILE COMPETITION
The terms and conditions set out below (“the Terms”) govern the participation in and implementation of related administrative matters pertaining to the Competition to be conducted by EasyPay (Pty) Ltd (“EasyPay”) in association with Mastercard South Africa (Pty) Ltd (“Mastercard”). EasyPay and Mastercard reserves the right to make use of marketing and/or other service providers to assist in organising and executing the Competition.
A. COMPETITION AND COMPETITION PERIOD
1. The “EasyPay Mobile” competition is brought to you by EasyPay (Pty) Limited and Mastercard South Africa (Pty) Ltd (“the Promoters”).
2. The Promoters are running a competition aimed at driving awareness and usage of the EasyPay Mobile APP. (“the Competition”).
3. The Competition will run from 21 January 2019 to 30 March 2019 (both dates inclusive) (“the Competition Period”).
4. The Promoters reserve the right, at its sole discretion, to alter or cancel the Competition at their discretion without notice. The Promoters will not be liable for any claim resulting from the alteration or cancellation of the Competition.
5. The Competition will take place exclusively in South Africa.
6. The terms, as amended or updated from time to time, will appear on the EasyPay Mobile website ().
1. Subject to these Terms, only the following persons are eligible to participate in this Competition (“Eligible Persons”), namely a South African permanent resident:
1.1 who is 18 years or older and in possession of a valid South African identity document; and
1.2 who has downloaded and registered on the EasyPay Mobile APP; and
1.3 who successfully completes a transaction with a minimum value of R100 using the EasyPay Mobile APP during the Competition Period.
2. The following persons are NOT eligible to participate in the Competition:
2.1 directors, permanent and/or contract employees, representatives , consultants ,agents (and advertising agents and contestant management agents) of the Promoters (including its holding company, subsidiaries and related companies) and/or any marketing or other service provider who is appointed by the Promoters (including its holding companies, subsidiaries and related companies), including their respective immediate family members, meaning their parents, spouses, children and/or siblings; and
2.2 any holder of an EasyPay Mobile APP who has committed or suspected to have committed any fraudulent or wrongful act in relation to his/her EasyPay Mobile APP, associated account or any facility of service granted by their issuing financial institution.
C. HOW TO PARTICIPATE
1. In order to participate and be eligible for the prizes on offer, an Eligible Person must successfully complete the following:
1.1 Download the EasyPay Mobile APP, from either the Apple App store or the Google Play Store, onto any device before the last day of the Competition Period;
1.2 Once downloaded, Register on the EasyPay Mobile APP;
1.3 Once registered on the EasyPay Mobile APP, he/she must successfully pay a bill, purchase prepaid tokens or pay traffic fines using the EasyPay Mobile APP, subject to a minimum value of R100 (“Transaction”).
2. For every successful Transaction performed by an Eligible Person during the Competition Period, on any day except Sundays, such Eligible Person (“Participant”) will automatically be entered into a draw for one of the prizes on offer as set out below. Any bill payment, purchase of prepaid tokens or payment of traffic fine conducted before or after the Competition Period, or on Sundays during the Competition Period, will not be considered.
D. WINNERS AND PRIZES
1. The Promoters will select winner(s) (“Winner(s)”) by conducting automatic algorithmic draws whereby winner(s) will be selected at random from the total pool of valid entries by the Participants.
2. A total of 300 (three hundred) prizes, each to the value of R2,000 (two thousand Rand), will be award (“Prizes”).
3. Prizes will be made available by means of preloaded Mastercard Cash Cards. The preloaded MasterCard Cash Cards, are pinless cards supported by Standard Bank Limited and Mastercard and may only be used at point of sale devices (“POS”) anywhere where MasterCard is accepted within South Africa until the balance is R0.00.
4. Winners must use the Prizes before the preloaded Mastercard Cash Cards will expire, such expiry date is indicated on the Mastercard Cash Card.
5. Winners will be drawn weekly during the Competition Period, in accordance with these Terms. On each draw date 30 (thirty) Winners will be drawn, each of whom will win a Prize. Each Prize will be awarded to the Winner through the said preloaded Mastercard Cash Card.
6. Draws will take place on 28 January 2019, 5 February 2019, 12 February 2019, 19 February 2019, 26 February 2019, 4 March 2019, 11 March 2019, 18 March 2019, 25 March 2019 and 1 April 2019 (“Draw Dates”). The Promoters reserve the right to alter the Draw Dates without prior notice to Participants.
7. EasyPay will contact and notify Winners telephonically on the phone number supplied by the Participants to EasyPay when downloading and registering for the EasyPay Mobile APP. Winners will be notified within 5 calendar days from the Draw Date during office hours. If contact is not made after 3 attempts during the 5 calendar day period, the particular Winner will be disqualified and a new Winner will be selected. The old Winner will be deemed to have forfeited the Prize and will have no further claim against the Promoters whether in relation to the Prize or otherwise.
8. Within 10 (ten) business days after contact has been made with a Winner, Egg Entertainment and Productions (Pty) Ltd (“Egg”) will verify the identity of the Winner(s) and make suitable arrangements for all Prize redemptions. After a Winner(s) identity have been verified, Egg will then courier the Prizes to the Winner’s nominated physical address. A Winner must present their South African identity document to the applicable courier upon delivery in order to verify their identity.
9. A Participant can only win a Prize once during the Competition Period. Should a Participant be selected for a second time, the Prize will automatically be forfeited and another winner will be selected in accordance with these Terms.
10. The preloaded Mastercard cash cards are not transferrable and may not be exchanged for cash.
11. The Promoter’s decisions in respect of all matters to do with this Competition will be final and no correspondence will be entered into.
1. Unsuccessful Participants will have no claim or action whatsoever against the Promoters, its agents, employees or agencies as a result of participating in this Competition.
2. This Competition does not create any obligation on the part of the Promoters or 3rd Party Providers, its agents, employees or agencies as a result of participating in this Competition.
3. All entrants to this Competition participate entirely at their own risk. The Participants indemnify and holds harmless the Promoters and 3rd Party Providers, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any indemnified party.
4. To the fullest extent permitted by law, there are no, and the Promoters expressly exclude(s) and disclaim(s) any representations, warranties, or endorsements, expressed or implied, written or oral, including but not limited to, any warranty of quality, merchantability or suitability or fitness for a particular purpose in respect of the Prizes.
5. The Eligible Persons, Participants and/or Winner(s) hereby acknowledge and agree that the Promoters exclude(s) all warranty and/or liability in connection with the Prizes and/or the Competition. Participants shall assume full liability and responsibility in case of any liability, mishap, injury, loss, damage, claim or accident (including personal injury and/or death) resulting from their participation in the Competition, redemption and/or usage of the Prizes. The Promoters nor 3rd Party Providers shall not be held responsible for any loss, damage or injury (including death) in any manner whatsoever suffered by the Participants as a result of the participation in the Competition and/or the use of the Prizes.
6. Any loss or damage in respect of the Prizes is not due to the fault and/or negligence of the Promoters. The Promoters shall not be liable for or obliged to recognise or replace lost or stolen Prizes where such loss or damage in respect of Prizes is not due to the fault and/or negligence of the Promoters.
F. CONSENT, DATA PROTECTION AND PRIVACY
1. Winners of the Prizes must provide correct and up-to-date mobile numbers and physical addresses in order to redeem Prizes. The Winners agree that their personal information may be processed by the Promoters in terms of the Protection of Personal Information Act, 4 of 2013 (“POPI”).
2. Nothing in these terms and conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 (“the CPA”). By participating in this Competition in accordance with its terms, you are entering a promotional competition for the purposes of the CPA and the promotional competition will be conducted in accordance with the relevant provisions of the CPA and POPI.
3. Participation in this Competition will constitute agreement by all Participants to comply with these terms and conditions and consent to the Promoters using the personal information collected through the Competition to adjudicate the Competition and for future marketing purposes by the Promoters themselves.
4. By participating in this Competition, Winners agree to the publication of their name and photographs for promotional purposes. Prize winners will be required to provide verbal consent to allow the Promoters to publish or distribute their details and photographs where required, as well as in the event that these will be utilised in further advertising, event marketing or, in respect of this competition, without compensation of any form.
5. In connection with: (i) providing and administering the Competition; (ii) communicating the Competition; and (iii) selecting Winner(s) of the Prizes and awarding the Prizes to the Winner(s), the Promoters, their respective subsidiaries, affiliates and associated companies/entities and agencies will collect and use transaction data relating to the Participant’s Mastercard Cash Card and use such personal information for such purpose.
1. In the event that a Prize is awarded to Eligible Persons, Participants and/or Winner(s) who:
1.1 are not eligible to participate in the Promotion and/or receive the Prize; and/ or,
1.2 have committed or are suspected of committing any misconduct, fraudulent or wrongful acts, or have committed any breach of these Terms,
then, the Promoters reserve the right to disqualify such Eligible Persons, Participants and/or Winner(s) from participating in the Competition and/or receiving the Prize. Such disqualification may occur after the Prize is drawn and/or awarded. Should the Prize have been awarded, then the Winner shall be obliged to immediately return the Prize to the Promoters.
2. The Promoters will not be liable for any default due to any war, riot, strike, lockout, industrial action, fire, flood, drought, storm, epidemic, pandemic, technical or system failure or any event beyond the reasonable control of the Promoters.
3. The Promoters reserve the right as it deems fit to vary or change any of these Terms from time to time or cancel, terminate, withdraw, or suspend this Competition and/or replace this Competition with another similar Competition or program without prior notice. Participants will be notified of such variations, changes, cancellation, termination, withdrawal or suspension by a post on the EasyPay Mobile Facebook page or in any other manner as the Promoters deems fit. In this respect, the Participant’s participation in this Competition also signifies his/her agreement to access the EasyPay Mobile website at regular intervals to view these Terms and to ensure that they are kept up-to-date with any variations or changes which the Promoters may effect from time to time. Eligible Persons, Participants and/or Winner(s) also agree that their continued participation in this Competition will constitute their acceptance of these Terms (as varied from time to time). For the avoidance of doubt, any cancellation, termination, withdrawal or suspension by the Promoters of this Competition will not entitle the Participant to any compensation from the Promoters for any and all loss or damage that may be suffered or incurred by the Eligible Persons, Participants and/or Winner(s) as a direct or indirect result of the act of cancellation, termination, withdrawal or suspension.
4. Any term and condition applicable to this Competition which is illegal, prohibited or unenforceable under any law or regulation shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions.
5. These Terms are governed, construed and interpreted in accordance with the procedural and substantive laws of the Republic of South Africa and the parties hereby consent to the jurisdiction of the South African courts in the event of any dispute or litigation arising out of this agreement.