Competition Terms and Conditions

Kerby (Pty) Ltd 

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Clause 1: INTRODUCTION

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1.1 Kerby (Pty) Ltd is running a competition, the terms of which are regulated by these Terms and Condition.

 

1.2 The Entrant may visit https://kerby.co.za in order to obtain more information relating to the Competition.

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Clause 2: INTERPRETATION

 

2.1 In these Terms and Conditions, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings -

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2.1.1 "Kerby (Pty) Ltd" means Kerby (Pty) Ltd, a Company with Registration Number (2020/217102/07), duly registered in terms of the laws of the Republic of South Africa, with physical address at Unit. 19 Monza Road Killarney Gardens Cape Town. 7441, Email Address recycle@kerby.co.za, and phone number +27 (0)76 622 8642;

 

2.1.2 "Competition" means the competition as hosted by Kerby (Pty) Ltd the details of which are contained in these Terms and Conditions;

 

2.1.3 "Confidential Information" means confidential information in general which relates to both Kerby (Pty) Ltd and/or the Entrant or the Entrant's entry, and other matters which relate to either Kerby (Pty) Ltd, the Entrant or the Entrant's entry in respect of which information is not readily available to, or lawfully in the public domain;

 

2.1.4 "Entrant" means any person or entity that enter(s) this Competition;

 

2.1.5 "Final Entry Date" means 31 December 2021;

 

2.1.6 "Intellectual Property" means the expression and/or representation of an intellectual and/or creative process and includes, but is not limited to, any text, images, data, multimedia, ideas, source code, concepts, know-how, data processing techniques, copyrights, trademarks, logos, patents, designs, inventions, whether registered or not;

 

2.1.7 "Intellectual Property Rights" shall include, but not be limited to, rights in Intellectual Property attaching to the entry;

 

2.1.8 "Parties" means Kerby (Pty) Ltd and the Entrant, and "Party" means either one of them, as the context indicates;

 

2.1.9 "Submission" means the Drawing of "KERBY" as submitted by the Entrant, and which Submission shall meet the criteria as set out in clause 5 below; and

 

2.1.10 "Terms and Conditions" means this document, which governs the rules and regulations pertaining to the Competition.

 

2.2 The provisions of this Competition are governed by the terms set out in section 36 of the Consumer Protection Act 68 of 2008 (hereinafter referred to as the "Act"), together with accompanying regulations.

 

Clause 3: ENTRANT REQUIREMENTS

 

3.1 To be eligible to enter the Competition, Entrants must:

 

3.1.1 Have an existing subscription to Kerby that services their home

 

3.2 In order to participate in the Competition, each individual (whether the Entrant is an individual or part of a group) is required to provide Kerby (Pty) Ltd with personal information which shall include:

 

3.2.1 Full Names
3.2.2 Physical Address
3.2.3 Email
3.2.4 Phone Number
3.2.5 Age

 

Clause 4: PERSONAL INFORMATION

 

4.1 The Entrant will be asked to provide the personal information listed in clause 2above.

 

4.2 Kerby (Pty) Ltd and its affiliates collect and will use the Entrant's personal data listed hereby to enable an Entrant's participation in this competition and related online activities.

 

4.3 Completion of a form may be required for entry into the Competition. Subject to the below, all the personal information provided by an Entrant is collected, processed, and used by Kerby (Pty) Ltd solely for the purpose of the Competition. The storage and use of your personal information always occurs in accordance with the applicable data protection laws.

 

4.4 Entrant's personal data will be available exclusively for marketing purposes of Kerby (Pty) Ltd, its affiliates and subsidiaries and, by participating in the competition, you expressly consent to the transfer, storage and processing of the personal information in South Africa.

 

4.5 Kerby (Pty) Ltd keeps the personal information to fulfil the purposes for which it was collected or as required by applicable laws or regulations.

 

Clause 5: ENTERING THE COMPETITION

 

5.1 The Competition is run monthly with submissions received before the last day of the relevant month qualifying for that same month’s prize.

 

5.2 The competition shall end at the discretion of Kerby (Pty) Ltd management team.

 

5.3 Entries are to be made by no later than the last day of the month to qualify for that month’s prize.

 

5.4 By entering this Competition, the Entrant agrees to, and is bound by, the contents of these Terms and Conditions.

 

5.5 Entrants may enter the competition as many times as they like, with as many drawings as they wish to submit

 

5.6 No Entrant may win more than once.

 

5.7 All Submissions should include the following:

 

5.7.1 A drawing representing the individual’s imaginative idea of what a "KERBY" looks like.

 

Clause 6: DISQUALIFICATION OF AN ENTRANT AND CANCELLATION OF THE COMPETITION

 

6.1 Any Entry which:

 

6.1.1 is submitted after the Final Entry Date;

6.1.2 does not meet the criteria provided above;

6.1.3 is incomplete;

6.1.4 contains incorrect or inaccurate details; and/or
6.1.5 in the event of fraud by any Entrant, may result, at the discretion of Kerby (Pty) Ltd, in the Entrant being disqualified.

 

6.2 Kerby (Pty) Ltd further reserves the right to cancel, postpone or modify the terms relating to the Competition, in part or in their entirety, in the event of technical difficulties being experienced, or the integrity of the Competition being compromised for any reason whatsoever.

 

6.3 Kerby (Pty) Ltd may, in its absolute discretion, disqualify an otherwise valid entry if, in the reasonable opinion of Kerby (Pty) Ltd, the Entrant has not complied with these Terms and Conditions or the entry process.

 

6.4 In the event of Kerby (Pty) Ltd having to take the action as encompassed in clause 6.2  above, Kerby (Pty) Ltd shall not be liable to any Entrant for any damages which may have been caused to such Entrant for any reason whatsoever.

 

Clause 7: SELECTION

 

7.1 The Competition will have 1 winner per month.

 

7.1.1 Winner(s) will be announced within the first 2 weeks of the preceding month.

 

7.2 A panel of Kerby (Pty) Ltd staff will decide who will be the winner(s).

 

Clause 8: PRIZE

 

8.1 The prize is:

 

8.1.1 not transferable, exchangeable or redeemable for cash;
8.1.2 subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
8.1.3 subject to any terms and conditions of Kerby (Pty) Ltd or any third-party providers which the prize winner must agree to before accepting the prize;
8.1.4 claimable up to 30 days after the winner has been announced: and
8.1.5 exclusive of any additional costs and liabilities incurred by the winner that are not expressly stated as forming part of the prize including, but not limited to, spending money, some meals, taxes, travel extensions, tips & gratuities, personal, property & health insurance, transport, items of a personal nature, in-room charges, wifi, losses, damages, claims, legal costs and increased personal taxation liabilities.

 

8.2 The prize will comprise the following: 1 year’s free subscription to KERBY recycling collection.

 

8.3 The prize will be presented to the Entrant having the winning entry. The winner will receive their prize no later than 30 days after the announcement of the winner.

 

8.4 Kerby (Pty) Ltd shall not be liable for making any payment to the necessary authorities in respect of any taxes or imposts that may become due in respect of the prize.

 

8.5 Kerby (Pty) Ltd may select an alternative winner to replace any subsequently disqualified winner, or a winner who does not claim their prize within a reasonable period or after the lapse of 30 days from being notified.

 

8.6 In the event of no suitable Entrants being submitted Kerby (Pty) Ltd reserves the right to not choose a winner for that month.

 

8.7 The panel’s decision will be final and binding. No correspondence will be entered into or comment issued on any matters concerning the Competition, and no reasons given for any decision made.

 

Clause 9: PUBLICITY IN RESPECT OF ENTRANTS AND WINNERS

 

9.1 Winner first name and age at time of entry may be publicised together with the details of the Competition on, among others, spaces, websites and/ or social media accounts of Kerby (Pty) Ltd, as well as to allow their first name and age at time of entry to be used by Kerby (Pty) Ltd for promotional purposes.

 

9.2 Winner agree that they shall receive no financial compensation, nor shall there be any financial recourse against Kerby (Pty) Ltd by Kerby (Pty) Ltd's use of the winner's first name for promotional or advertising purposes.

 

9.3 All Entrants, including the winner, as the case may be, indemnify Kerby (Pty) Ltd, its advertising agencies, advisers, nominated agents, suppliers, its affiliates and/or associated companies against any and all claims of any nature whatsoever, whether in contract, delict or otherwise, arising out of and/or from their participation in any way in this Competition (including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of Kerby (Pty) Ltd) and/or use of the prize.

 

Clause 10: CONFIDENTIALITY

 

10.1 By the Entrant entering the Competition, both Kerby (Pty) Ltd and the Entrant shall acquire considerable Confidential Information relating to each other, and the entry.

 

10.2 Each Party's Confidential Information is of considerable value to it and each Party is entitled to protect their Confidential Information.

 

10.3 It is understood and agreed that, if Kerby (Pty) Ltd uses the Entrant's Confidential Information, then the Entrant may suffer considerable loss, and vice versa.

 

10.4 In order to protect the interest of each Party, both Parties undertake that they will not reveal to any person, firm, or corporation, the Confidential Information, procedures or dealings or any information concerning Kerby (Pty) Ltd, the Entrant or the functions of the entry (as the case may be) and shall not use or attempt to use any such information in any manner which may injure or cause loss either directly or indirectly to either Party.

 

10.5 It is agreed that the undertaking given by the Parties in terms of this Clause 10will not apply to any information:

 

10.5.1 which was already known to or in the possession of either Party prior to the launching of the Competition; or

10.5.2 which has become part of the public domain by publication or otherwise, other than by the negligence or default of the defaulting Party; or

10.5.3 which has lawfully become known by either Party on a non-confidential basis from a source (other than the Entrant or Kerby (Pty) Ltd) having the legal right to disclose same.

 

10.6 For the sake of clarity, the provisions of this Clause 10restricting the disclosure and use of such Confidential Information, shall apply to both Parties and to any other entity or person associated, or to be associated, with either Party and which may lawfully, or otherwise, be in possession of such Confidential Information.

 

Clause 11: INTELLECTUAL PROPERTY RIGHTS 

 

11.1 All Intellectual Property Rights together with all rights, title and/or interest therein attaching to the entry shall be vested in Kerby (Pty) Ltd and the Entrant shall have no right or title thereto nor shall it exploit any ideas, concepts or activities that could be construed to comprise Intellectual Property Rights arising from the entry without written consent having been received from the Entrant's entry.

 

11.2 Insofar as an Entrant may have access to any Intellectual Property relating to Kerby (Pty) Ltd, all Intellectual Property Rights together with all rights, title and/or interest therein attaching to Kerby (Pty) Ltd shall remain vested in Kerby (Pty) Ltd and the Entrant shall have no right or title thereto nor shall it exploit any ideas, concepts or activities that could be construed to comprise Intellectual Property Rights arising from the Competition without written consent having been received from Kerby (Pty) Ltd.

 

Clause 12: NATURE OF THE RELATIONSHIP

 

12.1 Nothing contained in these Terms and Conditions, nor the outcome of the Competition shall be construed as creating a partnership between the Parties.

 

12.2 Irrespective of the outcome of the Competition, the Entrant shall not present itself as an agent or representative of Kerby (Pty) Ltd or vice versa.

 

12.3 Neither Party shall have the right to bind the other legally, financially or in any other manner whatsoever.

 

Clause 13: LIABILITY

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13.1 To the fullest extent permissible by law, Kerby (Pty) Ltd will not be liable for any losses however arising and whatever the cause including, but not limited to, loss of data, business or profit as a result of an Entrant participating in the Competition, or arising out of these Terms and Conditions.

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13.2 Both Parties acknowledge that they shall each bear their own liability arising because of their own unlawful conduct, willful misconduct, negligence and/or gross negligence.

 

Clause 14: NOTICES AND DOMICILIUM

 

14.1 The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary for these Terms and Conditions, the following:

 

14.1.1 Kerby (Pty) Ltd: As per clause 2.1.1. above;
14.1.2 The Entrant: As provided when entering.
14.1.3 All notices to be given in terms of this Agreement will:
14.1.4 be given in writing;
14.1.5 be delivered by email, facsimile or sent by courier;
14.1.6 if delivered, be presumed to have been received on the date of delivery.

 

14.2 If any notice is sent by email, the provisions of the Electronic Communications and Transactions Act 25 of 2002 governing receipt of data messages, shall apply.

 

14.3 Notwithstanding the above, any notice actually received by the party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has been given in accordance with the provisions of this clause.

 

Clause 15: GENERAL

 

15.1 These Terms and Conditions and the relationship between the Parties hereto shall be regulated entirely by the laws of the Republic of South Africa.

 

15.2 The Parties agree to submit any dispute or difference between them arising out of these Terms and Conditions, should it not be resolved informally, to a court of appropriate jurisdiction in the province of Cape Town, being the province in which Kerby (Pty) Ltd is based.

 

15.3 Each provision in these Terms and Conditions is severable from all other provisions, notwithstanding the manner in which they may be linked together, arranged in the context or grouped grammatically, and if in terms of any judgment or order of court any provision, phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason, that provision, phrase, sentence, paragraph or clause shall be severed from the other, but the validity of the remaining provisions, phrases, sentences, paragraphs and clauses shall not be effected and shall nevertheless continue to be of full force and effect.

 

15.4 These Terms and Conditions constitute the whole agreement between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.

 

15.5 No addition to, variation or consensual cancellation or novation of these Terms and Conditions and no waiver of any right arising from these Terms and Conditions, or its breach, shall be of any force or effect unless reduced to writing and approved by Kerby (Pty) Ltd.

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