Le Franschhoek Hotel & Spa - Terms and Conditions
*Please note that to satisfy the requirement of Regulation 11(6) to the CPA, this document, all other documents related to the Promotional Competition, the names and ID numbers of persons responsible for selecting prize winners and the prize winners themselves, and all marketing information must be retained for a period of at least 3 years after the close of the competition.
1.1. In the Competition Rules, unless the context clearly indicates a contrary intention, the following words will have the following meanings and cognate expressions will have corresponding meanings: -
1.1.1. "the Act" means the Consumer Protection Act 68 of 2008;
1.1.2. "Business Day" means a day other than a Saturday or a Sunday or a day which from time to time is a proclaimed public holiday in the Republic of South Africa;
1.1.3. "Competition Rules" means the rules contained herein, as required by Section 36(3)(c)(i) of the Act;
1.1.4. "Mandate" means the mandate referred to in clause 5.1
1.1.5. "Participant" means any natural person who qualifies in terms of clause 4.1 and enters into the Promotional Competition;
1.1.6. "POPI" means the Protection of Personal Information Act, No 4 of 2013;
1.1.7. "Promoter" means Greeff Residential Properties Proprietary Limited (registration number: 2017/012091/07);
1.1.8. "Promotional Competition" means the competition as run by the Promoter during the Promotion Period;
1.1.9. "Promotion Period" means 1 June 2019 up until 31 January 2020;
1.1.10. "Prize" means a two-night stay at The Le Franschhoek Hotel and Spa for two people, including breakfast. This does not include lunch, dinner and additional beverages or use of the Spa and hotel facilities. In-house Wi-Fi and parking may be used during the stay;
1.1.11. "Property" means the property over which the Participant grants the Mandate to the Promoter in terms of clause 5.1;
1.1.12. "Redeemable Period" means the period that the Participants have to redeem their Prize at any time except between 15 December 2019 and 10 January 2020. The prize must be redeemed before December 2020.
1.1.13. The Le Franschhoek Hotel and Spa means The Le Franschhoek Hotel (2003/03/0082/02)
1.1.14. "Website" means http://www.greeff.co.za/ ; and https://www.lefranschhoek.co.za/
1.1.15. "Winners" means the Participants who are successful in the Promotional Competition and notified as such by the Promoter in terms of clause 6.
2.1. The Promoter is offering a Promotional Competition in terms of which the Participants may enter the Promotional Competition in order to win the Prize.
2.2. The Promoter hereby imposes the following Competition Rules in terms of Section 36 of the Consumer Protection Act.
3. CONSUMER PROTECTION ACT
3.1. The Competition Rules contain certain terms and conditions which may: -
3.1.1. limit the risk or liability of the Promoter, The Le Franschhoek Hotel and Spa or any relevant third party; and/or
3.1.2. create risk or liability for the Participant; and/or
3.1.3. compel the Participant to indemnify the Promoter or a relevant third party; and/or
3.1.4. serve as an acknowledgement, by the Participant, of certain facts.
4. THE PARTICIPANT
4.1. The Participant:
4.1.1. must be a natural person and may not be a juristic person;
4.1.2. must be a major in terms of section 17 of the Children's Act 38 of 2005;
4.1.3. must be a resident of the Republic of South Africa;
4.1.4. must be the registered owner of the Property and if there is more than one owner of the Property, shall be limited to 2 (two) owners;
4.1.5. may not be any person who is a director, member, partner, employee or agent of the Promoter may not participate in the Promotional Competition; and
4.1.6. may not be any person who is a supplier of goods and/or services used in connection with the Promotional Competition may not participate in the Promotional Competition.
4.2. The Participant, by entering into the Promotional Competition, expressly acknowledges that he/she has been given an appropriate opportunity to first read the Competition Rules before entering the Promotional Competition and that he/she understands and thereby agrees to the Competition Rules.
4.3. It is a material term of the Promotional Competition that all Participants' to this Promotional Competition participate entirely at their own risk.
5. HOW TO ENTER
5.1. The Participant must submit a written exclusive, unconditional and irrevocable mandate ("the Sole Mandate") to the Promoter within the Promotion Period in the form and substance as prescribed by the Promoter.
5.2. The Mandate must be submitted via hand delivery or e-mail to any address as displayed on the Promoter's Website from time to time and the following conditions apply thereto:
5.2.1. the Mandate may not be less than 3 (three) months in duration;
5.2.2. for every month that exceeds the three-month period, the Promoter shall receive an extra entry; and
5.2.3. the additional monthly entries shall only apply up to a maximum 6 (six) month Mandate period.
6. THE WINNERS
6.1. Within 5 (five) Business Days of expiry of the Promotion Period the Winners shall be selected as follows: -
6.1.1. the Participants' details shall be placed in a draw;
6.1.2. the Winners shall be selected at random by the Promoter or its nominee; and
6.1.3. the Winners will be notified via e-mail, in terms of clause 7.1.1, if successful.
6.2. The Winners must;
6.2.1. collect the Prize from the Promoter within 5 (five) Business Days of notification in terms of clause 6.1.3; and
6.2.2. redeem the Prize from The Le Franschhoek Hotel and Spa within the Redeemable Period (Any time except for the time between 15 December 2019 and 10 January 2020. The prize must be redeemed before December 2020) failing which the Prize shall expire.
6.3. By participating in the Promotional Competition, the Winners hereby accept that should the Winners be asked to take part in further publicity relating to the Promotional Competition, the Promoter may incorporate the Winners in publicity campaigns or allow their names and likenesses to be used by the Promoter for promotional purposes aligned with the Promoter's business.
7. THE RULES
7.1. The following rules apply to the Promotional Competition: -
7.1.1. the Participants must provide correct and up-to-date personal details as required by the Promoter and allow the Promoter to process such information in terms of POPI;
7.1.2. the Promoter reserves the right to amend these Competition Rules by bringing it to the Participants attention within a reasonable period of time and may terminate the Promotional Competition at any time prior to selection of the Winners in accordance with clause 6.1 and shall not under such circumstances be liable to the Participant in respect of any costs or charges incurred by it under the Mandate, including but not limited to commission(s) paid or payable by the Promoter;
7.1.3. the Prize is non-transferable, non-refundable, non-exchangeable and cannot be redeemed for cash; and
7.1.4. the Prize is expressly a two-night stay at The Le Franschhoek Hotel and Spa, therefore the Winners will be responsible for their own travelling costs to the Hotel and back and the Promoter will in no way whatsoever be responsible for said costs.
8.1. By entering into the Promotional Competition and reading the Competition Rules, the Participant expressly agrees to the following indemnifications: