TB HIV Care She Conquers
Terms & Conditions
The terms and conditions set out below (“Terms and Conditions“) apply to the TB HIV Care She Conquers (“Campaign“) being run and administered by TB HIV Care (“us” or “we“). These Terms and Conditions will prevail in the event of any conflict or inconsistency with any other communications sent to you by us, including advertising or promotional materials. Prize redemption instructions are deemed to form part of the Terms and Conditions and by entering this Campaign all Participants will be deemed to have accepted, and shall be bound by, the Terms and Conditions. This version of the Terms and Conditions applies to Participants (defined below) in the Republic of South Africa.
- IMPORTANT PROVISIONS
We have a duty, in terms of the Consumer Protection Act, No 68 of 2008 (“CPA”) to point out certain important provisions in these Terms and Conditions to you. The clauses which contain these important provisions and the reasons why they are important are set out below. It is very important that you read all of these clauses carefully and not just what we say below.
- LIMITATION OF RISK, LEGAL RESPONSIBILITIES AND LIABILITY. CLAUSES 8, 9, 12, 13 & 15 HEREIN BELOW ARE IMPORTANT BECAUSE THEY LIMIT AND EXCLUDE OBLIGATIONS, LIABILITIES AND LEGAL RESPONSIBILITIES THAT WE AND OTHER PERSONS OR ENTITIES MAY OTHERWISE HAVE TO YOU. AS A RESULT OF THESE CLAUSES, YOUR RIGHTS AND REMEDIES AGAINST US AND THESE OTHER PERSONS AND ENTITIES ARE LIMITED OR EXCLUDED. THESE CLAUSES ALSO LIMIT OR EXCLUDE YOUR RIGHT TO RECOVER FROM, OR MAKE CLAIMS AGAINST USFOR LOSSES, DAMAGES, LIABILITY OR HARM YOU OR OTHERS MAY SUFFER AS A RESULT OF YOUR PARTICIPATION IN THE CAMPAIGN. CLAUSE 15 HEREIN BELOW IS PARTICULARLY IMPORTANT BECAUSE YOU TAKE ON RISK, LEGAL RESPONSIBILITIES AND LIABILITY. IN TERMS OF THIS CLAUSE, YOU MAY BE RESPONSIBLE FOR TAXES, FEES, CLAIMS AND OTHER AMOUNTS. YOU WILL ALSO BE RESPONSIBLE FOR, AND YOU ACCEPT, VARIOUS RISKS, DAMAGES, HARM, AND INJURY WHICH MAY BE SUFFERED BY YOU AND OTHERS FOR WHAT IS STATED IN THIS CLAUSE.
- INDEMNITIES BY YOU. CLAUSES 9 AND 11 HEREIN BELOW REQUIRES YOU TO INDEMNIFY (HOLD HARMLESS) US AND OTHER PERSONS OR ENTITIES AGAINST CLAIMS, LOSS, DAMAGES, AND HARM THAT MAY BE SUFFERED BY US AND OTHER PERSONS OR ENTITIES AS A RESULT OF THE EVENTS SET OUT IN CLAUSES 9 AND 11 HEREIN BELOW. YOU ARE ALSO REQUIRED TO INDEMNIFY US AND OTHER PERSONS AND ENTITIES AGAINST CLAIMS FOR LOSS, DAMAGES, AND HARM THAT MAY BE MADE BY ANY PERSON OR ENTITY AS A RESULT OF THE EVENTS SET OUT IN CLAUSE 11 HEREIN BELOW. THIS PLACES VARIOUS RISKS, LIABILITIES, OBLIGATIONS AND LEGAL RESPONSIBILITIES ON YOU, AND YOU WILL BE RESPONSIBLE AND LIABLE FOR THE PAYMENT OF THE VALUE OF THE CLAIMS, LOSS, DAMAGES, AND HARM THAT MAY BE SUFFERED OR CLAIMED.
- The Campaign is valid ONLY to female participants aged 15 to 24 years officially enrolled by a Case officer at a TB HIV Care She Conquers Outreach event in Cape Town, Durban and Pietermaritzberg (“Participants”).
- Participation in the Campaign constitutes your acceptance of these Terms and Conditions. All information relating to this Campaign and published on any promotional material will form part of the terms and conditions of entry.
- The Campaign will run from [insert date] 00h00 and [insert date] 23h59. No entries received before [insert date] 00h00 and after [insert date] 23h59 will be accepted.
- Upon occurrence of the following, a Participant will automatically be entered into the Campaign: :
- are offical enrollment of a Participant by a Case Officer at a TB HIV Care She Conquers Outreach event in (List of Locations inserted here)
- the Participant starts and stays on PrEP for the full 90 day programme.
- The Participant has completed at least one of the She Conquers Goals which has been validated by her Case Officer.
- Participants stand a chance to win the following Prizes:
- 1st PRIZE – R1000 pinless airtime
- 2nd PRIZE – R500 pinless airtime
- 3rd PRIZE – R250 pinless airtime
- Participants with the most points will be stand to win. Any ties in 1st, 2nd or 3rd place will have the winners selected by means of a random instant computerised draw.
- Within 72 hours of notification Prizes will be sent to the winner via pinless airtime issued to the Participant against the Participants identified mobile network service provider
- Prizes may not be exchanged for cash.
- We may decline to award a Prize (i.e. refuse to issue a Prize to the Participant) if there is a reasonable suspicion of any irregularities or fraudulent activities.
- No responsibility will be accepted by us, our associated companies (directors, officers and employees) agents and suppliers, for any Prizes which are lost, delayed, corrupted, damaged, misdirected, incomplete or cannot be redeemed for any technical reason, delivery or other reasons.
- As far as the law allows, all Participants indemnify us, our associated companies (directors, officers and employees) agents and suppliers, against any / all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever connected to or arising fromPparticipation in any way in this Campaign and/or any receipt of and/or use of a Prize.
- By taking part in this Campaign, Participants agree to allow us and our suppliers or subcontractors to store and use (not share) their personal information for aggregated reporting and statistical purposes related only to this Campaign.
- By taking part in this Campaign, Participants hereby warrant that all information submitted to us is true, current and complete.
- As far as the law allows, all warranties and representations in relation to the Campaign not set out in these Terms and Conditions (whether express, implied or tacit) are hereby excluded.
- As far as the law allows, we shall only be responsible for those costs which these Terms and Conditions expressly say that we will pay. The Participant is responsible for (i) any and all applicable local taxes and fees; and (ii) all other costs incurred by it, or arising directly or indirectly from, the Participant’s participation in the Campaign, or from the acceptance, receipt, use or enjoyment of any Prize. Without limiting the rest of this clause 13, the Participant will be responsible for any data charges that apply, as per the tariff rates charged by the Participant’s mobile network provider
- We reserve the right to terminate the Campaign immediately and without notice if circumstances beyond our reasonable control prevent us, our associated companies (directors, officers and employees) agents and suppliers, from continuing to conduct the Campaign. In the event of such termination, as far as the law allows, all Participants acknowledge that they will have no recourse against us, our associated companies (directors, officers and employees) agents and suppliers, in respect thereof.
- As far as the law allows we, our associated companies (directors, officers and employees) agents and suppliers, shall not be responsible for a Participant’s failure to access the Campaign for any reason whatsoever including, by way of example only, as a consequence of communications or network failures.
- These Terms and Conditions shall be governed by the laws of South Africa.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.