Studio 88 x adidas x Orlando Pirates ticket giveaway – TERMS AND CONDITIONS
- This competition runs from (00h00) Monday, 3 October April 2022 to midnight on Tuesday, 23 October 2022 (“closing date”)
- The promoters are: Studio 88 (“Studio 88”) Group of companies, whose registered office is, Aeroton Business Park, 30 O'Connor Place, Aeroton, Johannesburg, 2013. As well as adidas South Africa (Pty) Ltd (“adidas”) whose registered office is 2nd Floor, Unit 2C, Black River Park, North Park, Fir Road, Observatory, 7925, Cape Town, South Africa.
- This competition is open to all residents of the Republic of South Africa who are in possession of a valid identity document, except any person who is-
3.1 a director, member, partner, spouse, life partner, immediate family member, employee or agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by, the Promoter; or
3.2 a director, member, partner, spouse, life partner, immediate family member, employee or agent of, or consultant to the supplier of goods or services in connection with the competition.
3.3 a director, member, partner, spouse, life partner, immediate family member, employee or agent of, or consultant to the supplier of goods or services in connection with the competition.
- 1. By partaking in this offer, you agree to comply and abide by these terms and conditions.
- 2. Participation
- 3. The prizes are non-transferable and may not be exchanged for cash.
- 4. Except in so far as is provided for in the Consumer Protection Act 68 of 2008, the judges’ decision is final, and no correspondence will be entered into.
- 5. adidas reserves the right to vary, suspend, postpone or terminate the competition and any prizes, or any aspect thereof, for any reasons whatsoever and without notice. In such event, you hereby waive any rights or expectations which you may have against adidas and acknowledge that you will not have any recourse or claim of any nature against adidas.
- 6. General rules of behaviour
- 7.Intellectual Property rights
- 8. Publication
- 9. Prize
- 10. Limitation of liability
- 11. Exclusion of participants
- 12. All entrants indemnify the Promoter, its advertising agencies, advisers, suppliers, and nominated agents against any and all claims, damages or losses resulting from their participation in this Competition arising from negligent acts or omissions of the Promoter.
- 13.The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries. Promoter is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Promoter on account of technical problems, human error or traffic congestion on the internet or at any web site, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Competition or downloading any materials in this Competition.
- 14. You can choose to be excluded from direct marketing by notifying adidas and Studio 88 in writing or by registering a block on any registry which adidas is bound by law to recognise. adidas will not charge you a fee to update this request on its systems. adidas will give effect to any changes requested by you as soon as reasonably possible.
Requirements
a) The Competition is open to all individuals who are residents of The Republic of South Africa who have reached the age of 18 with the exception of the persons mentioned in the below Clause. By participating, participants declare to be a resident in a legal jurisdiction in which the Competition is offered and to be able to lawfully enter into contractual relations in such legal jurisdiction.
b) Participation is excluded for (a) employees of Promoter, any adidas Group entities or their agents and their first- and second-degree family members, as well as b) anyone else who is directly or indirectly professionally connected with the Competition and their family members and (c) anyone who participates for non-private purposes.
2.1( 00h00) Monday, 3 October April 2022 to midnight on Tuesday, 23 October 2022 (“closing date”). All entries received after lapse of the Competition Period are excluded from participation and will not be taken into consideration.
2.2 Participating in the Competition takes place by:
2.2.1 Purchasing any adidas production on www.studio-88.co.za
2.2.2This includes the purchases of sales items.
2.2.3 Purchases made by winners are excluded from returns, and only eligible for exchanges.
6.1 Participants may not use the Competition for the expression of political or religious ideas.
6.2 Promoter has the right to refuse any entry which contains material which is offensive, insulting, injurious, obscene, offending, vindictive, indecent, perverted, immoral, aggressive, sexually oriented, racist, derisive, slanderous, discriminatory, or in any other way not in line with good taste and decency, or which Promoter deems in its sole discretion to be otherwise unacceptable.
6.3 Entries may not conflict with applicable law or regulations, the rights of third parties, nor may they incite, advocate or express pornography, obscenity, vulgarity, hatred, bigotry, racism or gratuitous violence.
6.4 Entries may not in any way harm Promoter, its affiliates, its agents and/or the brand of adidas (or any other brand of Promoter).
6.5 Participants may not upload, post, email or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the use of any software or devices on the App.
6.6 Participants cannot derive any rights from their participation and have no right to any payment or other compensation for their entry or their participation.
6.7 Promoter retains the right to exclude participants from participating in the Competition and to delete entries from the App if these are not in line with these rules of behaviour or are otherwise in conflict with the Terms.
7.1 By entering into this Competition, participants agree that the following intellectual property rights in and to materials included in any entry (even if not selected as the winning entry) shall belong exclusively to Promoter to the extent permitted by law:
7.1.1 the right to publish, copy and making the material accessible to public
7.1.2 the right to modify the material in order to publish, copy or making it accessible to the publics.
7.2 Participants agree to assign, or to procure the assignment, to Promoter of all such right, title and interest in and to such intellectual property rights. Participants further agree to execute, or procure the execution of, such documents and do, and procure the doing of, all such acts or things as are required for the purpose of giving effect to this assignment.
7.3 Without prejudice to the generality of the above Clause, participants acknowledge and agree that Promoter (or any other company designated by Promoter) may use, reproduce, adapt, translate, digitise, publish, revise, disclose, modify, transfer or otherwise exploit entries (but is under no obligations to do so) at any time on and in relation to any adidas product or otherwise.
7.4 Participants are not entitled to any compensation in return for the assignment of rights pursuant to the above Clauses or for any use of an entry pursuant to the above Clauses.
7.5 By participating in the Competition, participants agree to Promoter using free of charge participant’s name, photograph, image, video, voice recording and general location for publicity and news purposes relating to the Competition and for a duration which is necessary for the organisation and publicity of the Competition. For purposes of this, participants agree that this assignment concerns any support or media whether existing currently or created in the future, and shall include as a non-limited list of examples: promotional documentation, newspapers, television, magazines, and books (both paper and electronic); Internet (including other applications, websites, web casts, multimedia links and social networks) etc.
7.6 By participating in the Competition, participants unconditionally and irrevocably waive, insofar as legally possible, any moral rights of any nature in or in relation to any work comprised in the entry. Without limit to the generality of the foregoing, each participant agrees and shall procure that neither Promoter nor any other company is obliged to identify participant as author of the work, unless required by law.
7.7 By entering this Competition, participants warrant and represent that all works comprised in participant’s entry are his/her own original work and do not copy, nor incorporate the work of any third party and that use of the entry by Promoter or its affiliates will not infringe third party intellectual property rights. By entering into this Competition, participants agree to indemnify and hold harmless Promoter, its affiliates, officers, directors, employees, agents, licensees and customers from and against any claim or demand (including reasonable legal fees) by a third party relating to the use of the entry by Promoter or its affiliates or licensees or arising out of participant’s breach of these Terms.
By participating in the Competition, participants agree to provide all additional information relating to the entry if so requested by Promoter.
8.1 It is prohibited to reproduce or publish anything relating to the Competition without the prior explicit written consent of Promoter.
8.2Promoter is authorised to remove, shorten, or amend entries in text or image on the App.
9.1.1 The Competition provides a chance to win 2 x tickets to the Orlando Pirates x Kaizer Chiefs game on 29 October 2022, at the FNB stadium in Johannesburg
9.1.2 The (“Prize”) excludes any flights and accommodation and is valued for two person only
9.1.3 The winner will be responsible for all other expenses, including but not limited to obtaining travel documents (such as COVID-19 tests, local flights and expenses and Visas) and on the ground costs (such as food, transport, beverages, spending money) that are associated with the acceptance of the Prize. These expenses will not be reimbursed by the Promoter.
9.1.4 The winner will be selected in a random draw to take place by an independent person or by a computer process on or around the 25 October 2022. The promoter will notify and instruct winner how to claim a Prize by email or telephone with 48 hours.
9.1.5 The winner can claim a Prize within 48 hours after the notification as set out in the above Clause after which date the right to a Prize can no longer be exercised.
9.1.6 It is the responsibility of the winner to ensure that they are able to accept the Prize and make use of the Prize.
9.1.7 No cash alternative to a Prize is available.
9.1.8 A prize cannot be exchanged for another prize. A prize is personal and non-transferable. The winner agrees not to sell, offer to sell or use the Prize for any commercial or promotional purpose (including placing a Prize on an internet auction site).
9.1.9 A Prize is indivisible and can only be accepted as granted.
9.1.10 Promoter reserves the right to modify or withdraw a Prize. The alternative prize will be of at least an equivalent or greater value.
9.9.11 Prizes that are not redeemed for whatever reason remain the property of Promoter. In case of a rejection of a Prize, the Prize also falls to Promoter.
9.9.12 If a winner cannot be contacted a maximum of 3 times or fails to confirm acceptance of a Prize within 48 hours of notification, or cannot make use of a Prize for any reason, Promoter reserves the right to select an alternative winner and the original winner will forfeit the Prize.
10.1 Promoter is not responsible or liable for costs or expenses of participants in connection with or relating to participating in the Competition. The costs of the use of internet are for the account of the participants.
10.2 Promoter is not responsible and exclude any liability for (i) network- (cable, internet or other relevant networks), computer hardware or software disruptions of whatever nature which might lead to a limited, delayed or lost entry, (ii) other problems or calamities, of whatever nature, that are connected with the functioning of the network (cable, internet or other network), the Website, computer hardware or software, and (iii) mistakes in the entering or processing of personal data, except in case of gross negligence or willful misconduct of Promoter.
10.3 Promoter is not responsible or liable for any incompatibility between technologies used, in the broadest sense, during the Competition and the hardware and software configuration used by the participants.10.4 To the fullest extent allowed by applicable law, Promoter, and any agencies involved in the Competition are not responsible or liable for any loss, damages or injury caused by participation in the Competition.
10.5 Where the Prize is delivered to the winner by post, Promoter is not liable for the acts or omissions of any courier or mail delivery.
10.6 If a Competition, for whatever reason, progresses differently than foreseen or the Competition appears to be in conflict with applicable law, Promoter reserves the right to annul, terminate, amend or postpone the Competition without any liability of Promoter and without a right of compensation for the participants.
11.1 At all times Promoter reserves the right to exclude participants with invalid or false entries or invalid or false personal information from participation.
11.2 Promoter reserves the right at its sole discretion to disqualify any individual found to be tampering with the operation of the Competition, or to be acting in any manner deemed by Promoter to be in violation of these Terms; or to be acting in any manner deemed by Promoter to be disruptive.
11.3 Promoter is authorised at all times on reasonable grounds to exclude or disqualify participants without a right of recourse against Promoter.
11.4 Promoter reserves the right to exclude participants in case of (or suspicion of) foul play, fraud, or any other breach of the Terms without a right of recourse against Promoter. Organised or collective participation of the Competition shall be regarded as a breach of the Terms.
11.5 This Competition is void where the Competition is prohibited. It is the responsibility of the participants to ensure their legal eligibility to participate.
11.6 No rights can be derived from the Competition or its result other than set out in these Terms - Applicable law / disputes.
11.7 The decision of Promoter is final and binding. No correspondence will be entered into relating to the result of the Competition.
11.8 If any Clause of these Terms is found by a competent court or other competent authority to be void or unenforceable, that Clause shall be deemed to be deleted and the remaining Clauses shall continue in full force and effect.
11.9 The Terms are governed by and construed in all respects in accordance with the laws of the Republic of South Africa. Any and all disputes arising out of or in connection with the Terms shall in the first instance be submitted to and settled by the competent courts of South Africa, the South Africa, provided that this shall not preclude or prejudice the right of the participant to take any legal proceedings in another court of competent jurisdiction in accordance with applicable mandatory law.
11.10 Promoter reserves the right at all times to amend the Terms without any liability to the participants or any third party. A revised version of the Terms will be published on the App.
11.11 Promoter will execute the Competition in compliance with applicable law and regulations relating to betting and gambling. Complaints or questions relating to the Terms and the Competition can be submitted in writing to adidas South Africa (Pty) Ltd., to the attention of the Legal Department, 2nd Floor, Unit 2C, Black River Park North, Fir Road, Observatory, Cape Town, 7925, South Africa. P.O. Box 12990, Mowbray, 7705.