1. DEFINITIONS
1.1. “Competition” means the House Giveaway Competition;
1.2. “Competition Prize” has the meaning given to it in clause 7.1 of these Rules;
1.3. “Eligibility Criteria” has the meaning given to it in clause 3 of these Rules;
1.4. “Independent Company” means FoneWorx (Pty) Ltd), a company appointed by the Promoter for the purposes of shortlisting the initial nominations by randomly selecting 20 (twenty) nominees who meet the Eligibility Criteria;
1.5. “METRO FM” means METRO FM Radio station;
1.6. “Personal Information” has the meaning given to it in POPI;
1.7. “POPI” means the Protection of Personal Information Act, 2013;
1.8. “Process” has the meaning given to in POPI;
1.9. “Promoter” means SA Home Loans (Pty) Ltd;
1.10. “Rules” means these terms and conditions as published on the METRO FM website; and
1.11. “You”, “Your” means the person who has accepted the nomination to participate in the Competition.
2. INTRODUCTION
The Competition will be run by the Promoter.
3. ELIGABILITY CRITERIA
3.1. For a nominee to be eligible to participate and stand a chance to win the Competition Prize, the nominee must be:
3.1.1. a permanent resident of the Republic of South Africa and be in possession of a valid identification document with a 13-digit identity number;
3.1.2. legally resident in the Republic of South Africa; and
3.1.3. 18 (eighteen) years of age or older.
3.2. Notwithstanding clause 3.1, a nominee will not eligible to participate in the Competition if:
3.2.1. at the time of the announcement of the Competition on METRO FM station, he/she:
3.2.1.1. owns a house directly (in their name) or indirectly (via a trust or a company); or
3.2.1.2. lives with a spouse who owns a house (in their name) or indirectly (via a trust or a company),
3.2.2. he/she is a director, member, partner, employee, agent or consultant of the Promoter, or any other person who directly or indirectly controls or is controlled by the Promoter;
3.2.3. he/she is a director, member, partner, employee, agent or consultant of the any one of the following companies:
3.2.3.1. SAHL Insurance Company Limited;
3.2.3.2. SAHL Life Assurance Company; and
3.2.3.3. SAHL Investment Holdings,
3.2.4. he/she is director, member, partner, employee, agent or consultant of any of the advertising/media agencies currently contracted to the Promoter to provide advertising/marketing services;
3.2.5. He/she is an immediate family member of any of the persons specified in clause 3.2.1 to 3.2.4; and
3.2.6. he/she is a supplier of goods or services in connection with the Competition.
4. HOW TO PARTICIPATE IN THE COMPETITION
4.1. The Competition including the Eligibility Criteria will be announced on METRO FM live on the 9th of September 2019 from 05h00.
4.2. The nominations will open immediately after the first METRO FM announcement on Monday 9th of September 2019 and close at midnight (24h00) on Wednesday 11 September 2019 (Competition Nomination Period).
4.3. Following the announcement and during the Competition Nomination Period, listeners will be encouraged to send a voice note to a specified WhatsApp phone number nominating a candidate whom they think deserves to win the Competition Prize.
4.4. For a nomination to be considered by the Promoter, the nominators voice note must include the following minimum details:
4.4.1. the name and surname of the nominator;
4.4.2. the name and surname of the nominee; and
4.4.3. the contact details of the nominee.
4.5. Each person who agrees and accepts a nomination to be a participant in the Competition will be subject to and bound by the Rules.
5. SHORTLIST DETERMINATION
5.1. Nominations will be received by the Independent Company who will allocate random numbers to each nomination. The Independent Company will randomly select 20 (twenty) nominations that meet the minimum requirement set out in clause 4.4 of these Rules. The Independent Company will contact each randomly selected nominee to:
5.1.1. confirm if they accept the nomination and to be bound by these Rules; and
5.1.2. verify if they meet the Eligibility Criteria (See clause 3) by requesting the Identity Document of the nominee; and
5.1.3. requesting consent from the nominee to do a property search.
5.2. Once the Independent Company has finalised the list of the 20 (twenty) randomly selected nominations (“Random List”), the Random List will be sent to a shortlisting panel (“Panel”) on or before the 13th of September 2019 consisting of 5 (five individuals:
5.2.1. 2 (two) individuals who are employees of the Promoter; and
5.2.2. 3 (three) independent attorneys nominated by the Promoter.
5.3. The Panel will select 10 (ten) nominees (“Panel Shortlist”) from the Random List, based on what they (the Panel) deem to be the most deserving entries. The decision of the Panel in this regard is final.
5.4. The Panel Shortlist will be submitted to METRO FM on or before 15 September 2019. METRO FM will call the shortlisted nominees on Monday 16 September and interview them live on air about what having a home would mean to them. These interviews will be recorded and published on the METRO FM website between 08h00 on Tuesday 17th September 2019 to 24h00 on 19th September 2019 (“Voting Period”).
5.5. If a nominee on the Panel Shortlist is not contactable within 24 (twenty-four) hours from the draw, and after at least 2 (two) attempts to contact the nominee were made, that nominee will be disqualified. In the event of a disqualification as contemplated herein, the Promoter reserves the right to select a different nominee on the same conditions except that it shall only be required to make one attempt to contact each further nominee selected.
5.6. During the Voting Period:
5.6.1. listeners will be encouraged to vote for their favorite nominee by SMS’ing their vote to the SMS number provided by METRO FM on air and on their website, SMS’s will cost the voter R1.50 each;
5.6.2. the Radio Personalities will announce the total counted votes on the dates and with the frequency determined by METRO FM in consultation with the Promoter.
5.7. Presenters will periodically announce total votes to date.
5.8. Voting will strictly close at midnight (24:00) on Thursday 19 September 2019.
6. WINNER DETERMINATION
6.1. 3 (three) nominees (“Final Nominees”) with the most votes at the end of the Voting Period will be selected to go through to the final draw. The Final Nominees will be announced on 25 September 2019 on the METRO FM breakfast show.
6.2. The final draw is provisionally scheduled to take place on 27 September 2019 live at the Promoter’s head office at La Lucia, Durban at 12h30. The Promoter reserves its rights to change the venue with reasonable notice to the Final Nominees.
6.3. The Final Nominees will each select a key from a bag and take turns to try the key in the lock of a small model house that is purpose built for this event. Only one key opens the lock (“the Challenge”).
6.4. The Final Nominee with the key that opens the lock of the purpose-built house will be the winner of the Competition (“Competition Winner”).
6.5. An independent auditor appointed by the Promoter will be present.
7. COMPETITION PRIZE
7.1. The Competition Winner will walk away with a prize money of R700 000.00 (seven hundred thousand rand) (“Competition Prize”).
7.2. The Competition Prize shall only be used for the following purposes:
7.2.1. purchase an existing residential home in the Republic of South Africa; or
7.2.2. purchase a property in a new development in the Republic of South Africa.
7.3. The Competition Prize will be paid directly to an attorney selected by the Promoter within 30 (thirty) days and held in a trust until disbursed to the relevant seller and/or representative of the seller on registration of transfer of the property to the name of the Competition Winner. All interest accruing on the Competition Prize will be paid to the Competition Winner on submission of his/her proof of bank details to the attorneys.
7.4. SAHL will pay the transfer and legal costs of registration of the property, up to the value of R30,000
7.5. The Competition Prize must be utilised within a period of 12 (twelve) months from the date at which it was won.
7.6. The Competition Prize may not be converted into cash.
7.7. The Competition Prize is non-transferable and not capable of being ceded.
8. RUNNER’S UP PRIZE
8.1. The two runners up will both receive an amount of R25 000.00 (twenty-five thousand rand) each as a consolation prize (“Runner’s Up Prize”).
8.2. The Runner’s Up Prize will be transferred into the bank accounts of the runners up within 30 (thirty) days following the receipt of proof of banking details by the Promoter not older than 3 (three) months.
9. GENERAL
9.1. The Final Nominees must make themselves available to travel to the Promoter’s head office in La Lucia, Durban and to take part in the Challenge. If a Final Nominee refuses to take part or is otherwise unable to attend or to take part, in the Challenge, he/she will be disqualified, and the Promoter will be entitled to select another Final Nominee on the same conditions. In light of the above, each Final Nominee must confirm his/her availability to attend and take part in the Challenge within 6 (six) hours of being invited, failing which the nominee may be disqualified at the sole discretion of the Promoter and the Promoter may draw another nominee on the same conditions.
9.2. The Final Nominees plus their significant other (plus 1) will be flown to the Promoters offices at the Promoters expense, where they will take part in the Challenge. In addition to the fare tickets, the Promoter will also pay all other traveling expenses of the Final Nominees (plus 1) including meals. The choice of airline and other modes of transport are at the sole discretion of the Promoter.
9.3. During the Challenge, the Promoter may film, record, tape and photograph the Final Nominees including their plus 1 (one) in connection with Competition for promotional and marketing purposes.
9.4. Your attention is drawn specifically to the provisions of regulation 11(3) to the Consumer Protection Act which is to the effect that any successful entrant to a competition may decline the use of any and/or all photos and videos created during a competition for marketing and promotional purposes. By accepting the nomination, you hereby consent to the use of any and/or all photos and videos created during the Challenge for marketing and promotional purposes. You hereby assign to the Promoter all present and future intellectual property rights and related rights (including, without limitation, copyright and performer’s property rights and all like rights) in and to your appearance in the Challenge and/or any other materials created by or on behalf of the Promoter pursuant to the Competition and the Challenge (“Footage”). You hereby grant all necessary consents, under the Copyright, Act 1978 or otherwise, to the Promoter and its affiliates worldwide to use and exploit all rights assigned to the Promoter under this clause forever and throughout the world in any and all media now known or hereafter discovered, without restriction, and unconditionally and irrevocably waive, in favour of the Promoter, its affiliates, licensees, assigns and successors in title, such rights under Sections 20 of the Copyright Act 1978 (as amended from time to time) and, so far as is legally possible, any and all moral rights or similar rights as you now have or hereafter acquire anywhere in the world in relation to your appearance in the Footage and every part thereof. All right and title in and to the Footage shall vest in the Promoter, and the Promoter shall be entitled to use and exploit the Footage in whole or in part, in the Competition or any production thereof or otherwise, as it may at its absolute discretion determine. The Promoter shall have the right to assign and/or license the rights (including the Footage itself or excerpts thereof) granted to the Promoter under these Rules to third parties without restriction.
9.5. The information to be collected by the Independent Company from the nominee who accepts the nomination constitutes “Personal Information” in terms POPI. By accepting the nomination, a nominee hereby grants the Promoter and its authorised personnel the right to Process any Personal Information you provide for purposes of your participation in the Competition including marketing purposes in accordance with applicable laws. The Promoter will take a reasonable security measures used in relation to its business to protect any unlawful processing of your Personal Information. Should you withdraw your consent at any point during the Competition, you will be disqualified. In the event of a disqualification as contemplated herein, the Promoter reserves the right to select a different nominee.
9.6. The delivery and passing of any prizes in respect of the Competition is subject to the necessary approvals being obtained from the applicable regulatory authorities (if any) and that the winners not being legally barred or disqualified from acquiring and taking delivery and/or transfer of their winnings or any portion thereof. In the event of the latter being the case, or said approvals not being granted within 60 (sixty) days from the handover, the Promoters shall be entitled, but not obliged, to cancel the award and the winners shall not have any claim against the Promoters for any damages, compensation or the like arising from cancelling the award.
9.7. To the extent permitted by law, the Promoter and their sponsors, agents and METRO FM accept no responsibility for any technical problems with respect to entries.
9.8. To the extent permitted by law, the Promoter, its agents, employees, directors and contractors accept no liability for any claim of whatsoever nature as a result of any damages, loss or the like suffered or sustained by an entrant or winner due to any disqualification or forfeiture of a prize.
9.9. All entrants to the Competition participate entirely at their own risk. By entering the Competition, each entrant indemnifies and hold harmless the Promoter, their directors, employees, shareholders, agents, contractors and METRO FM (“Indemnified Parties”) 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, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any Indemnified Parties.
9.10. The Competition Prize Winner and the Runner’s Up hereby indemnify hold the Promoter, their directors, employees, shareholders, agents, contractors and METRO FM against any claims for payment of any taxes that may be raised by the South African Revenue Services relating to the winnings.
9.11. Under no circumstances shall any of Competition prizes be demanded from the SABC or METRO FM and accordingly, SAHL hereby indemnifies and holds harmless the SABC and METRO FM, their directors, employees, shareholders, agents and contractors against any claims/demands by any person for payment of a Competition prize (or portion thereof).
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