Standard Terms And Conditions For Competitions

  1. These are the standard terms and conditions that apply to all competitions conducted or promoted by or in association with Red Cherry Media Holdings (“Red Cherry Interactive”) and to the appearance by contestants on television shows.
  1. By entering the competition, you accept the terms and conditions on behalf of yourself and any person with whom you may share a prize (if you win a prize which benefits you and any other person(s) (“your partner”). These Terms and Conditions are available on the Red Cherry Interactive Website and this fact is stated in the competition promo. Because you have been given the opportunity to read these Terms and Conditions on the Website, you are bound by them whether you have done so or not.
  1. You can only enter the competition if you are a resident of South Africa and are aged 18 years or older. If you are under the age of 18, you must obtain permission from your parent/guardian before entering.
  1. You may not enter the competition if you are:
  • An employees of the competition holder, their agents, advertising and promotional agencies;
  • A directors, members, partners, agent, employee or consultant of Red Cherry Interactive or any supplier of goods or services in connection with the competition; or
  • The spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 4.1 or 4.2 above.
  • You may win a prize in a competition if you have won a competition promoted by Red Cherry Interactive within the past six months.  You will only be eligible to participate in one of our competitions after the expiry of six months after the date on which you won the last competition.
  • If you use a mobile phone to enter the competition, the telephone calls / text messages you make will be charged at the prevailing rates, which may vary from time to time.  “Free” minutes or text messages under a cell-phone contract do not apply to competition lines.
  • You must make sure that we receive your entry before the closing date of the competition.  Late entries will not be considered, regardless of the reason for the late entry.
  • Red Cherry Interactive and our affiliates are not responsible for any competition entries which are not received by us and therefore not included in the competition, on time or at all, regardless of the cause thereof.  Without limitation, we and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems that cause a delay in or failure of any competition entry.
  • Red Cherry Interactive and our affiliates are not responsible for any injury or damage to your or any other person’s computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the competition.
  • It is your responsibility to ensure that any information that you provide to us in connection with the competition is accurate, complete and up to date.
  • Any costs or expenses which you may incur in connection with entering a competition or accepting, claiming or using any prize that you may win, other than those items specifically included in a prize, are for your own account.  Red Cherry Interactive will not pay for or reimburse you for any costs or expenses which you or your partner (if applicable) incur in connection with your entry into the competition and/or your claiming, accepting and/or using any prize.
  • Any prize that you win is given to you free of consideration. For this reason, the Consumer Protection Act, 2008, does not apply to any prize that you win.
  • Red Cherry Interactive does not make any representations or give any warranties, whether expressly or implicitly, in connection with any prize. In particular, but without limitation, we make no representations and give no warranty that:
  • Your entry or participation in the competition will result in you winning a prize;
  • Any prize that you might win or any aspect thereof will meet your or, if applicable, your partner’s, requirements, preferences, standards or expectations; or
  • A prize, or any aspect thereof, will be satisfactory, punctual, free from defects, fit for any purpose, safe or reliable.
  • Red Cherry Interactive and our affiliates will not be held liable for any harm, damage, loss or claim relating to the provision or use of any prize, any element of any prize or any changes to a prize that may be made at any time.
  • You must provide us with a copy of your identity document, your income tax number (if applicable) and, in the case of a cash prize, your banking details before you can receive your prize. We will not be held responsible for any incorrect information that you give us.
  • Prizes are not transferable to another person. Non-cash prizes may not be deferred, changed or exchanged for cash or any other item.
  • Cash prizes will be paid within 30 days after you have provided us with your bank details, a copy of your identity document and your income tax number by fax or email and signed any documents that we need you to sign.
  • You may not win a prize if it is unlawful for us to supply such a prize to you or for you to acquire or use such a prize.  If you do win such a prize, you will forfeit it and you will not receive any compensation in lieu of the prize.
  • You must possess or obtain at your own cost any documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport which is valid for 6 months from the date that the prize is awarded to you and all necessary visa and travel documentation. Red Cherry Interactive will not be liable to compensate you in any way if you, for any reason, cannot or do not obtain the necessary documents or permissions to use the prize.
  • If you win a prize you will be notified by means of the contact details provided to us.  However, please note the following:
  • If we telephone you to notify that you have won and you do not answer your phone by the third time that we have dialed your number, or if the call goes to voicemail for three attempts to contact you, then you will forfeit the prize and you will be substituted by the next contestant;
  • If someone else answers your phone during a live show or the recording of a show and you are not immediately available to take the call, then you will forfeit the prize and you will be substituted by the next contestant;
  • If someone else answers your phone when the notification is not made during a live show or the recording of a show, you must call us back within two hours to claim your prize. If you don’t, then you will forfeit the prize and you will be substituted by the next contestant;
  • If the competition or show format requires that you appear on the show to be awarded the prize and you are not available to appear on the show at the required time, then you will forfeit the prize and you will be substituted by the next contestant
  • If you win a prize and we are or a third party supplier is unable to contact you within 30 days after the draw to notify you or if you do not collect the prize within 60 days after the draw, you will forfeit the prize and Red Cherry Interactive reserves the right to re-draw a new winner under the same conditions.
  • If you win a prize you agree to the following:
    • We, the sponsors of the competition and any other person involved in the completion may use photographs, recordings and/or video footage of you at any time without prior notice in any media in connection with the competition and/or the marketing and promotion of their products;
    • We, the sponsors of the competition and any other person involved in the competition may publish your name at any time without prior notice in any media in connection with the competition;
    • To appear in person to be awarded the prize, if required;
    • That you will, within reason, endorse, promote or advertise the goods and services of the sponsor or any other person involved in the competition at no charge.
  • We may require you to provide us with such additional information as we may reasonably require in order to process and facilitate your acceptance and/or use of a prize.
  • If you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof.  If this happens, you must collect the prize at the time and on the date arranged with the supplier of the prize.  All correspondence regarding the prize must be directed at the supplier of the prize.  Red Cherry Media Holdings will not be responsible for any further correspondence, harm, damage, loss or claim relating to the delivery or use of the prize or any element of the prize.
  • We and our third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary.  In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no claims against Red Cherry Interactive, our affiliates and third party suppliers.
  • You agree that your participation in the competition and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
  • We and our affiliates will not be responsible and disclaim all liability for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (if applicable) of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions, save in the event of our willful conduct or gross negligence.
  • You acknowledge that the acceptance and use of a prize is subject to the proviso that:
  • All of these terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will  continue to comply, therewith;
  • You will take full responsibility for your partner;
  • You indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner or such third party suffers any loss or damage pursuant to your or your partner’s acceptance and/or use of a prize;
  • Any minor must be accompanied by a parent or legal guardian who must also supply written consent stating that the minor had been given permission by the parent or legal guardian to participate in the competition and accept and use the prize.
  • If you fail or, if your partner (if applicable) fails, to comply with any of these terms and conditions, then without prejudice to any other remedy which we may have:
    • You will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize);
    • You will pay us for any loss or damage incurred by us directly or indirectly as a result of your (or, if applicable, your partner’s) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner’s) non-compliance; and
    • You indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
  • For purposes hereof, “affiliate” means our partners, co-promoters and sponsors of this competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.
  • These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa.
  • Red Cherry Interactive and the judges’ decision on any matter concerning the competition, the awarding of prizes and/or arising out of these terms and conditions is final and binding on you and no correspondence will be entered into.
  • By entering any Red Cherry Interactive competition or show, you agree that Red Cherry Interactive may add your name to their database for future correspondence.
  • By entering any competition you agree to permit the organizers to use the footage and photographs containing your image for publicity purposes in connection with brands in any media, including without limitation magazines, billboards, all print media, all TV media and all social media.