- "Affiliates" mean (i) any Person which, directly or indirectly is Controlled by Ozow or controls Ozow; and (ii) directors, officers, employees, agents and representatives of Ozow. "Control", as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise;
- "Competition" means the "Win R500 Of Your Sale" Competition, which provides Entrants with an opportunity each week during the Competition Period to win up to R500 (five hundred rand) of the value of the Entrant's shopping cart, as further detailed in clause 11 below;
- "Competition Period" means each calendar day from 27 June 2019 until 10 July 2019, with such time period being capable of being revised from time to time by Ozow by way of revision of these terms and conditions;
- "EFT" means Electronic Funds Transfer;
- "Merchant" means certain merchants that have agreed to participate in the Competition and act in accordance with the terms and conditions set out herein, and which is a Person which has contracted with Ozow to provide the Ozow Platform as an option for payment for the goods sold or services rendered on the Merchant Website Platforms;
- "Merchant Website Platforms" means the website/s operated by the Merchant as well as related Merchant mobi-sites and software applications.
- "Ozow" means Ozow Proprietary Limited (Registration No. 2013/214663/07);
- "Ozow Platform" means the set of functions and procedures developed by Ozow which facilitate the payment by an Entrant for a good or service on a Merchant Website Platform by means of EFT;
- "Person" means any natural person, firm, company, corporation, state or agency of a state, or any joint venture, partnership, association or incorporated or unincorporated body; and
- "Prize" means up to R500 (five hundred rand) of the value of the Winner's shopping cart.
- The Competition is promoted by Ozow. By entering the Competition you agree to the rules of the Competition.
- There are no entry fees to participate in this Competition.
- The entry of any natural persons into the Competition (the "Entrant") and/or acceptance of a Prize by an Entrant in the event that a Prize is won (the "Winner") constitutes binding acceptance of these terms and conditions on behalf of the Entrant and Winner, together with any persons with whom a prize is shared (the "Partner").
- Entrants under the age of 18 must obtain permission from their parents or guardians before entering the Competition, who must approve of and consent to the Entrant's participation in the Competition and the receipt / possession of a Prize to the extent that the Entrant becomes a Winner.
- The Competition is not open to -
6.1 directors, members, shareholders, agents, consultants or employees of Ozow or the Merchant; or
6.2 the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the Persons specified in 6.1 above; or
6.3 the suppliers of any goods or services in respect of the Competition.
- An Entrant may not win a Prize if it is unlawful for Ozow to provide a Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant concerned will forfeit the Prize.
- The data costs, or any other costs, incurred by an Entrant in purchasing goods or services on any Merchant Website Platform in the ordinary course outside of the Competition Period will apply during the Competition Period.
- It is the responsibility of all Entrants to ensure that their entry is received by Ozow prior to the closure of the Competition. Any entries which are not received during the Competition Period will not be eligible to participate, regardless of the reason. Ozow is not responsible for any entries which are not received by Ozow, whether timeously or at all, regardless of the cause thereof. Without limitation, Ozow and its 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 experienced by an Entrant when entering the Competition.
- Ozow and their Affiliates are not responsible for any injury or damage to an Entrant or any other Person's computer, mobile telephone or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.
- The Competition shall take place as follows:
11.1 Once an Entrant has chosen to pay with Ozow on a Merchant Website Platform during the Competition Period and successfully completed their purchase, they will have the opportunity to qualify for an entry into the Competition.
11.2 An Entrant may complete as many purchases (in accordance with the procedure set out above) during the Competition Period as the Entrant wishes to, and each of the completed purchases shall constitute a single entry into the Competition.
11.3 Each Entrant will only be eligible to receive one Prize in the Competition during the Competition Period.
- The Prize may not be deferred, changed or exchanged for any other item.
- Ozow does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that -
13.1 An Entrant's entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
13.2 a Prize, or any aspect thereof, will meet an Entrant's or, if applicable, an Entrant's partner's, requirements, preferences, standards or expectation.
- Once the Merchant has selected a Winner, the Merchant will notify Winners by means of the contact details provided to the Merchant. The Merchant will attempt to make contact with each Winner at least 3 times, but if the Merchant is unable to contact any Winner within 3 working days after the lucky draw, such Winner will forfeit his/her prize and the Merchant reserves the right to redraw such prize. If such Winner agrees to accept the Prize subject to these terms and conditions, he/she will be a Winner in the Competition.
- The preliminary winners will be determined by a panel of judges that are selected by the Merchant. The determination made by the panel of judges concerned will be final and no correspondence will be entered into.
- Ozow may invite a Winner to be present when the Prize Winners are determined or announced, to participate in any marketing activities of Ozow, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by Ozow, for which no fee, royalty or other compensation will be payable. The Winner may decline such an invitation.
- The Prize payable to the Winners as a Prize in relation to the Competition will be made within 30 calendar days of the publication of the Winners by Ozow, or such other time period that is communicated to the Winners by Ozow.
- The Merchant may require a Winner to provide the Merchant with such additional information and documentation as the Merchant may reasonably require in order to process, confirm and facilitate a Winner's acceptance of a Prize. If a Winner refuses to provide the Merchant with the requested information or documentation, such Winner will forfeit the Prize.
- Ozow and the Merchant 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 Ozow and the Merchant deem necessary. In the event of such variation, postponement, suspension or cancellation, Ozow and the Merchant agree to waive any rights, interests and expectations that any Entrants or Winners may have in terms of the Competition and acknowledges that no Entrant or Winner will have any recourse against Ozow, the Merchant or any of their Affiliates.
- The Entrants agree that participation in the Competition, and acceptance and/or use of a Prize, or any aspect thereof, is at their own risk.
- Ozow and the Merchant 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 any Entrant's participation in the Competition or the acceptance and/or use by an Entrant, or such Entrant's partner (if applicable), of any Prize, or by any action taken by Ozow and the Merchant in accordance with these terms and conditions. All Merchants Website Platforms which promote this Competition are not responsible for any loss or damage whatsoever associated with this Competition in any manner.
- All Entrants, and in the event of an Entrant's death, an Entrant's family, dependants, heirs, assignees or any other beneficiaries of an Entrant's estate, indemnify and hold Ozow and its Affiliates harmless against any claim by an Entrant, or an Entrant's partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant or its partner may suffer, howsoever arising, in relation to such Entrant's entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.
- If an Entrant fails or, if an Entrant's partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which Ozow and the Merchant may have, -
23.1 such Entrant will be automatically disqualified and such Entrant will forfeit a Prize (in the event that such Entrant has already won a Prize);
23.2 an Entrant and / or Winner will pay Ozow and the Merchant for any loss or damage incurred by Ozow directly or indirectly as a result of (or, if applicable, a partner's) non-compliance, including all legal costs (including attorney and own client costs) which Ozow and the Merchant may incur in taking any steps pursuant to an Entrant and / or Winner's (or partner's) non-compliance; and
23.3 such Entrants and Winners indemnify and hold Ozow and the Merchant 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 such Entrants' or Winners' failure (or that of your partner, if applicable) to comply therewith
- 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.
- Ozow and the Merchant's decision on any matter concerning the Competition and/or arising out of these terms and conditions is final and binding on all Entrants and Winners.
- If the competition is regulated by the Consumer Protection Act, 68 of 2008, it is not intended that any provision of these terms and conditions contravenes any provision of the Consumer Protection Act and therefore all provisions of these terms and conditions must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.