American Swiss Valentine’s Day Whatsapp competition 

Promotional competition rules for the American Swiss Valentine’s Day Whatsapp competition

  1. This promotional competition is organised by Foschini Retail Group (Pty) Ltd, trading as American Swiss (registration number 1988/007302/07) (“TFG”).
  2. In these rules, “Promoter” means a person who directly or indirectly promotes, sponsors, organises or conducts the promotional competition, or for whose benefit the promotional competition is promoted, sponsored, organised or conducted, which includes TFG.
  3. No director, member, partner, employee, agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by the Promoter, their advertising agencies, or their spouses, life partners, parents, children, brothers, sisters, business partners or associates, may enter this promotional competition. This also applies to a person who is a supplier of goods or services in connection with this promotional competition.
  4. All participants must be at least 18 years old at the time of entering the competition and must reside in South Africa.
  5. The Promoter reserves the right to vary, postpone, suspend or cancel the competition, any aspect of the competition and anything related thereto, without notice at any time and for any reason whatsoever that the Promoter deems is reasonable at the time. Should the Promoter, law or any authority cancel this promotional competition, no notice of cancellation shall be required. In such event, all participants and the winner waive/waives any rights and acknowledge that they shall have no claim, of any nature whatsoever against the Promoter, its directors, agents or employees as a result of the cancellation.
  6. Entry into the competition is automatic for any person who completes the survey on the American Swiss Whatsapp channel on the number included in the invite to participate in the competition. All questions in the survey must be answered to qualify for automatic entry. Upon completion of all the questions in the survey, a participant’s entry into the competition will be confirmed.
  7. Participants may win a prize, but there is no guarantee that they will win a prize.
  8. To automatically qualify for a competition entry, participants must:
    1. Complete the survey on the American Swiss Whatsapp channel on the number included in the competition invite; and
    2. Complete all questions in the survey referred to at (a) above.
  9. Entry into the competition is free, but standard rates apply for the use of the Whatsapp channel/platform.
  10. There will be 1 (one) winner who will receive a prize consisting of American Swiss jewellery items (excluding electronic devices and wearable technology, such as fitness trackers and smart watches) to the value of R100 000.00 (one hundred thousand rand). The winner may choose the jewellery prize items from any American Swiss store. Availability of jewellery items from which the winner may choose the jewellery prize items is subject to available store stock and is at the Promoter’s sole discretion.
  11. Multiple entries are not allowed for the prize. A participant may only complete the survey once. 1 survey completion = 1 entry to the competition.
  12. The Promoter and its sponsors do not accept any responsibility for any entries or prizes that are not transmitted successfully due to data or connectivity issues, lost, damaged, unusable or delayed.
  13. The winner will not be entitled to payment, credit or otherwise in the event that he/she does not claim or utilise the prize to the fullest extent possible. Any item or value unused will be deemed waived by the winner.
  14. The prize is not transferable and may not be deferred or exchanged for cash, credit or otherwise.
  15. If any taxes, levies, duties or any charges whatsoever are levied on a prize by any competent authority, the winner will be liable for these and the prize value will not be increased to compensate for such charges.
  16. To the extent that a licence (e.g. driver’s licence), proof of identification or permission (e.g. by a parent/guardian) is required in order to accept or use a prize, the winner must produce such licence, identification and/or permission for inspection by the Promoter prior to receiving the prize. If a winner does not or is unable to do so, the prize will be forfeited and another winner will be drawn under the same terms and conditions.
  17. This competition will start on 3 February 2025 and end on 28 February 2025 (both days included). No late entries will be accepted.
  18. The winner will be randomly selected by the Promoter’s representatives after the closing date and the selection will be overseen by an independent accountant/auditor/attorney.
  19. The winner will be contacted on the contact details provided by the winner when the winner completes the survey as per clause 8 above within 7 (seven) days after the closing date to arrange selection and delivery of the prize. The Promoter will first attempt to contact the winner via electronic mail (email), and then by alternate means as per the contact details provided by the winner when the winner completed the survey as per clause 8 above. If the Promoter is not able to contact the winner, or the winner has not provided the Promoter with relevant and correct contact information when completing the survey as per clause 8 above, the prize will be forfeited, and a new winner will be re-drawn. The decision of the Promoter as to the winner is final and no correspondence will be entered into.
  20. The winner will be announced on the Promoter’s websites and social media platforms on a reasonable date following the closing date of the competition, and the announcement may include the winner’s name(s), profile, photos, voice clips, sound effects and/or caricatures (personal information). The winner agrees that he/she will not be entitled to any payment, compensation or royalties for such announcement and holds harmless, releases and discharges the Promoter and the social media platforms from any claims, demands and/or causes of action the winner or any person/entity acting on their behalf may have by reason of the announcement.
  21. As a condition to receive the prize, Participants:
    1. Consent to the processing of their personal information by the Promoter(s) and its service providers, but only insofar that it is necessary to give effect to the competition, for example to view the entries, select and announce the winner and deliver the prize. The winner will be given the opportunity to consent to further processing of their personal information.
    2. Notwithstanding 22(a) above, if the participant has given consent to marketing of goods and/or services by TFG trading as American Swiss via Whatsapp, the participant consents to the processing by TFG of his/her personal information provided by the participant on Whatsapp when the competition is entered and agrees to receive marketing of goods and services by unsolicited electronic communication via WhatsApp from TFG trading as American Swiss. A participant may opt out of this electronic marketing by Whatsapp channel by following the prompt on the marketing material received. TFG’s privacy statement can be accessed on its website at tfglimited.co.za.
    3. Waive their moral rights and grant the Promoter exclusive, unlimited, perpetual and free of charge copyright and usage (in any territory where the Promoter trades), in all media forms of all material, text and intellectual property created and/or published/posted by the participants in the submission of their competition entry. The Promoter will be entitled to use and edit the intellectual property in any manner and in its sole discretion, for an indefinite period of time and in any territory where it trades. Participants will not during or after the closing date of the competition dispute or question the copyright and usage by the Promoter.
    4. Waive any right to demand royalties, usage fees or any other form of compensation or payment for the use of intellectual property in the participant’s entry; and
    5. Should they be selected as the winner, agree to sign an acknowledgment of receipt form in exchange for the prize.
  22. By accepting a prize or by entering this competition, participants hereby indemnify the Promoter against any damage or losses of any nature whatsoever that the participants may suffer arising from this competition and the prize, including consequential damages and economic loss.
  23. The winner may be requested to endorse, promote and advertise any of the goods and services of the Promoter and will not unreasonably withhold their consent.
  24. Participants will be deemed to have accepted these Competition Rules by entering the competition. Failure to comply with these rules, or the terms of acceptance of the prize will be deemed to be a rejection of the prize and the winner will then be disqualified from receiving the prize.
[Version: 28.01.2025]