GENERAL RULES
1 Definitions
1.1 "Competition" means any promotion, prize draw, giveaway or competition operated by East Coast Radio , including but not limited to those Competitions operated by East Coast Radio on behalf of its sponsors or any radio station or website owned or controlled (directly or indirectly) by East Coast Radio from time to time;
1.2 "East Coast Radio " means East Coast Radio , a broadcasting station owned by Kagiso Tiso Holdings Proprietary Limited (registration number 2011/000848/07);
1.3 "Personal Information" means personal information as defined in POPIA;
1.4 "POPIA" means the Protection of Personal Information Act 4 of 2013;
1.5 "Process"/ "Processing" has the same meaning assigned thereto in POPIA;
1.6 "Rules" means these terms and conditions including specific terms and conditions, rules or entry instructions published on the East Coast Radio Radio website or in any media which features a competition (e.g. on-air messages).
1.7 "you", "your" means the person who has entered into a Competition.
2 Introduction
2.1 You must take time to read these Rules carefully and make sure you understand the Rules before entering any Competition. You must pay special attention to all text in bold.
2.2 These Rules shall be binding on you when you enter any Competition.
2.3 You do not have to pay anything or buy anything to be able to participate in any Competition. If your entry is posted or sent using the internet, short message service (SMS), multimedia messaging service (MMS) or any similar media or device, you will have to pay the reasonable costs of posting the entry form or of transmitting it. This cost will not be more than the normal fee you will pay to your service provider or for using the internet.
2.4 Incomplete, incorrect, or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g., of entries or tokens) will not be accepted.
2.5 East Coast Radio reserves the right, in its reasonable discretion, to add to, amend, or waive any of the Rules on reasonable notice to you, including but not limited to extending or reducing the duration of a Competition, and giving clues.
3 Eligibility to enter Competitions.
3.1 In order to qualify as an entrant, you must –
3.1.1 be a resident of South Africa and in possession of a valid identity document.
3.1.2 be at least 18 years old, or if not, assisted by a parent or legal guardian; and
3.1.3 provide correct and full personal details when entering the Competition.
3.2 Automated entries or syndicated entries are prohibited, and any use of such devices or schemes will cause disqualification of all such entries.
East Coast Radio , its distributors, retailers, advertising and promotional agencies, directors, partners, employees, agents, consultants, subcontractors, and their respective spouses, life partners, business partners or immediate family member are not eligible to participate in any Competition.
3.3 Unless otherwise stated –
3.3.1 only one entry per person will be permitted. Multiple entries from one person will cause disqualification.
3.3.2 entries are limited to one entry per e-mail address, IP address, telephone number or household. In all competitions, contestants will be randomly selected. This is generated using an online portal which randomises the pool of entries.
3.4 East Coast Radio reserves the right at its sole discretion to disqualify any individual who tampers with the entry process or who provides false information.
3.5 A person may not win more than one prize within a three-month period following the first win, nor shall any member of such person’s family residing at the same address be entitled to a prize within a three-month period following the first win. East Coast Radio reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this Rule is subsequently discovered.
3.6 Finalists/ winners/ contestants will be precluded from entering the same competition on a radio station where that competition is simultaneously or will be flighted, on another Kagiso operated radio station. Or if there is an interest or influence from Mediamark or its agencies
4 Prizes
4.1 The decision of the judge or presenter of each Competition will be final in all matters relating to a Competition. Once the prize has been handed over in terms of these Rules, the results of the Competition are final in all respects and no correspondence or negotiation will be allowed.
4.2 East Coast Radio will be entitled to interview you, request proof of entry, verification of identity and of address, as well as verification of vocal identity by means of in-studio recording in the case of an on-air entry. If you refuse to provide any of these details or participate in or answer all questions raised in any interview without good reason then your place in the Competition will be treated as invalidated and the prize may be withdrawn.
4.3 East Coast Radio will use all reasonable endeavours to notify prize winners via email and subsequently telephonically within twenty–eight (28) days from the end date of the Competition. If a selected winner does not answer his/her landline and/or mobile phone, East Coast Radio will leave a message on the prize winner's landline or mobile phone (if possible). East Coast Radio undertakes to try at least three (3) times on three (3) consecutive days to notify the prize winners. If East Coast Radio cannot get hold of a prize winner telephonically or cannot leave a message telephonically, East Coast Radio will send a notice to the contact details (i.e. via SMS, e-mail or post) provided by the entrant .
4.4 Prizes must be claimed within ninety (90) days after East Coast Radio has notified the prize winner. Prizes for this competition will be delivered by a supplier of FNB’s choice directly to prize winners. If prize winners do not receive their prizes within ninety (90) days after having been notified as set out above, FNB will have the right to do with the prize whatever FNB may deem to be reasonably fair.
4.5 If East Coast Radio cannot continue with the Competition for any reason beyond its reasonable control, including errors in printing, production, distribution or errors made on air, or if it is required by applicable laws, East Coast Radio may end the Competition on condition that –
4.5.1 no prize winners have been determined; and
4.5.2 reasonable notice has been given beforehand to all entrants.
4.6 If the Competition is ended as set out above, no entrant will have any claim of any nature whatsoever against East Coast Radio , unless East Coast Radio has been acted with gross negligence or fraudulent intent.
4.7 The prize awarded in any Competition -
4.7.1 cannot be transferred and will only be handed over if all details given are factually correct;
4.7.2 will not be exchanged for cash amounts or for any prize other than the prize offered in that Competition.
4.7.3 may be replaced by another prize of the same commercial value if the original prize is not available for any reason beyond East Coast Radio 's reasonable control.
5 Voting
For Competitions involving online voting, entrants must register a valid email address to be entitled to vote. Only one vote for each valid email address will be accepted. East Coast Radio reserves the right to disqualify multiple votes.
6 Disqualification of Entries and Cancellation of the Competition
6.1 You acknowledge that the interests and good reputation of East Coast Radio and its radio stations are paramount and East Coast Radio may, at its reasonable discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes it is in the best interests of EAST COAST RADIO (or its sponsors) to do so.
6.2 East Coast Radio reserves the right to immediately withdraw your place on the Competition or the prize if it believes you to be in breach of any of your obligations, or representations and warranties, under the Rules or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of East Coast Radio ). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
6.3 In the event of disqualification, EAST COAST RADIO reserves the right to select another entrant to take part in the Competition.
7 Confidentiality
7.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any Personal Information relating to East Coast Radio , its business, personnel, servants, agents or officers to anyone.
7.2 You may not publicise your involvement in the Competition or the fact that you have won a prize without the prior written permission of East Coast Radio.
8 Publicity
8.1 When prize winners accept their prize, they may choose not to be identified and may refuse to have their photograph taken and published in printed media or to appear on radio and television.
8.2 If the prize winner has given his/her written consent, East Coast Radio has the right to publish the winner's name and photographs (at no fee) in any media, including advertising, promotional, print, point-of-sale or public relations material. The nature of these publications will be determined at the sole discretion of East Coast Radio .
8.3 You shall not without the specific prior written consent of East Coast Radio publish or disclose any information in connection with the Competition or the prize (in particular, without limitation, to a representative of the media, in whatever form). You shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the prize with any third party. All rights in relation to the Competition and your involvement therein shall vest exclusively with East Coast Radio.
9 Intellectual Property
9.1 Unless otherwise stated, Competition entries will not be returned to you.
9.2 If you have provided your written consent, as contemplated in clause 8.2 above, in respect of copyright and other intellectual property rights in any Competition, your entry into the Competition, and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products ”), you: (a) hereby grant to East Coast Radio a non-exclusive, royalty-free perpetual worldwide licence to use any such copyright and other intellectual property rights in any and all media to the extent East Coast Radio deems it appropriate; and (b) agree, at East Coast Radio ’s request, to assign to East Coast Radio the entire such copyright and other intellectual property rights (including without limitation where such Products are not in existence at the date of this agreement, by way of present assignment of future copyright) and you agree to do all such acts as may be reasonably requested of you by East Coast Radio to effect the assignment under this clause and you agree that the licence and, if applicable, any assignment shall include the right for East Coast Radio to alter, edit, compile, amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such Products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and the right to sub-license such rights to any other persons, in each case for such purposes as East Coast Radio may in its sole discretion determine.
9.3 Any information submitted by you relating to a Competition must be personal and related specifically to you. You warrant that any information which you submit to East Coast Radio will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. East Coast Radio reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove such information.
9.4 By entering any Competition and submitting any material or Products you warrant to East Coast Radio that:(a) you own or are licensed in respect of the Products submitted as part of the Competition conditions and that you have the right, power and authority to grant the rights set out in these Terms;(b) East Coast Radio is free and able to use the Products in accordance with and in the manner set out in any relevant terms;(c) you agree to waive any moral rights you may have in the Products and have obtained a waiver or all applicable moral rights in the Product and further have obtained all consents and permissions in respect of the Product;(d) the Products do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);(e) the Products are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;(f) the Products are not obscene or pornographic; and(g) the Products do not, to the best of the your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
9.5 The entrant to a Competition is the individual submitting the media (i.e. the person who owns the cellphone, telephone or who can be reached at the relevant email address). If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the prize or any part thereof.
9.6 You must ensure that any other person or persons whose image has been used in the relevant Products has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of East Coast Radio may result in your disqualification from the Competition and forfeiture of any prize.
9.7 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in East Coast Radio for its own use (in its sole discretion).
10 Security safeguards
10.1 East Coast Radio is committed to securing the integrity and confidentiality of entrant's Personal Information in its possession or under its control by –
10.1.1 taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information, and unlawful access to or Processing of Personal Information; and
10.1.2 ensuring that any operator or anyone Processing Personal Information on behalf of East Coast Radio will Process such information only with the knowledge or authorisation of East Coast Radio , and treat Personal Information which comes to their knowledge as confidential and not disclose it, unless required by law or in the course of the proper performance of their duties.
11 Submission and collection of Personal Information
11.1 You acknowledge and agree -
11.1.1 that by entering into any Competition, Personal Information may have to be submitted and that all the Personal Information possessed by East Coast Radio is collected through your entry into the Competition;
11.1.2 to grant East Coast Radio the right to use or process any information, data, materials or other content you provide for purposes of your participation in a Competition in accordance with applicable laws; and
11.1.3 that information submitted will affect the quality of Personal Information obtained as well as the security in and integrity of Personal Information retained by East Coast Radio .
11.2 East Coast Radio collects, retains and Processes Personal Information for the following purposes -
11.2.1 to allow entry into a Competition;
11.2.2 to process your entry and any requests;
11.2.3 to provide personalised content and information and enhance entrants' experiences;
11.2.4 to analyse entries to Competitions;
11.2.5 for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity; and
11.2.6 for general historical, statistical and research activity.
11.3 East Coast Radio shall retain records of personal information only for as long as necessary to achieve the purpose for which it was collected or processed unless-
11.3.1 retention of the record is required or authorised by law;
11.3.2 East Coast Radio reasonably requires the information for lawful purposes related to its functions of activities;
11.4 Data collected may be shared with the prize sponsor company, but will not be sold or passed on to Third parties. By entering a competition the entrant has agreed to receive promotional material from selected partners.
12 Withdrawal of consents and requests for information and records
12.1 You are entitled to withdraw any consent to Process your Personal Information.
12.2 If you withdraw your consent to Process Personal Information, you should cease any participation in the Competition forthwith. Any further participation will result in a renewed consent due to the binding nature of these Rules.
12.3 You are entitled to request-
12.3.1 on proof of identity, confirmation as to whether East Coast Radio possesses any Personal Information pertaining to you;
12.3.2 on proof of identity, a record or a description of the Personal Information about you, including information about the identity of all third parties who currently have or have had, access to the Personal Information; and
12.3.3 generally, any record East Coast Radio may hold and is required to disclose to you in terms of the Promotion of Access to Information Act 2 of 2000.
12.4 You may request East Coast Radio to –
12.4.1 correct or delete of information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully;
12.4.2 destroy or delete a record of personal information about you that East Coast Radio is no longer authorised to retain in terms of applicable laws.
13 Indemnity and exclusion of liability
13.1 To the extent legally permissible and unless East Coast Radio acted with gross negligence or fraudulent intent –
13.1.1 East Coast Radio assumes no liability whatsoever for any direct or indirect loss or damage arising from, in connection with or as a result of your participation in the Competition;
13.1.2 East Coast Radio will not be liable in the event of incorrect or late entries or telephone or SMS text message entries not received as a result of network incompatibility, technical faults, or otherwise;
13.1.3 you indemnify East Coast Radio against any claims of any nature arising from, in connection with or as a result of your participation, in any way whatsoever, in the Competition;
13.1.4 East Coast Radio is not liable for any delay, nullification, change or substitution, or partial or total inability to execute any of part or the whole of the Competition due to force majeure, war, acts of terrorism, accident, fire, flood or any other natural disaster, strike or any other political crisis.
13.2 Should EAST COAST RADIO or its agents become aware of any fraud, dishonesty, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might (in EAST COAST RADIO ’s opinion, which shall be final) have an adverse effect on the Competition, EAST COAST RADIO (or any of its radio stations), reserves the right in its discretion (without notice to you and/or without giving reasons) to (i) forfeit your place on the Competition; or (ii) withdraw the prize(s).
13.3 It is agreed and accepted by you that EAST COAST RADIO shall have no liability whatsoever in respect of Competitions operated by third parties and featured on air or on our web and social media sites. The relevant third party will be responsible for the fulfilment of the Competition. EAST COAST RADIO accepts no responsibility for the acts or omissions of such third parties.
13.4 You agree to indemnify East Coast Radio and its radio stations and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by East Coast Radio arising as a result of a breach by you of your obligations under the Rules or in any way in connection your failure to follow East Coast Radio ’s reasonable instructions with regard to your entry into the Competition or accepting the prize.
13.5 In the case of on-line Competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by East Coast Radio may be accessed by third parties. East Coast Radio accepts no liability for loss resulting from your entry to an online Competition.
14 General
14.1 These Terms shall be governed and construed in accordance with the laws of South Africa.
14.2 No variation of these Rules is effective unless approved by an authorised representative of East Coast Radio in writing.
14.3 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
14.4 These Rules are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them.
14.5 If any provision of the Rules are held by any competent authority to be invalid or unenforceable in whole or in part that part shall be severed from other terms and conditions and the validity of the other provisions of the Rules and the remainder of the provision in question shall not be affected.
*any third parties with whom we share personal information are contractually required to implement appropriate data protection and security measures and are not permitted to process personal information for any purpose other than the purpose for which they are given access.