Terms Of Use

 

 

28 AUGUST 2023 – 28 SEPTEMBER 2023

 

1. INTRODUCTION

 

This promotional offer (the “Promotion”) is run by The South African Breweries (Pty) Ltd (the “Promoter”) in collaboration with Skin Functional (Pty) Ltd (the “Co-Promoter”) and is open to all persons of 18 years or older and resident in South Africa, except for: (a) the directors, members, partners, agents, consultants or employees of the Promoter, the Co-Promoter and their immediate families; (b) the directors, members, partners, agents, consultants or employees of any suppliers of any goods or services to the Promoter and/or the Co-Promoter in respect of this Promotion; (c) directors, members, partners, agents, consultants or employees of the Promoter’s and/or Co-Promoter’s advertising and promotion agencies or associated companies; and (d) participating outlet owners and staff.

The rules set out in this document constitute the rules which will govern the Promotion (the “Promotion Rules”).

Participation in the Promotion by all entrants (the “Participants”) constitutes acceptance of these Promotion Rules.

 

2. PROMOTION PERIOD

 

This Promotion will run from 28 August 2023 until 28 September 2023, both dates inclusive, or until the Promoter provides a public notice that the Promotion has ended, whichever is earlier (the “Promotion Period”). Entries will only be accepted during the Promotion Period.

 

3. PROMOTION ENTRY PROCESS

 

The Promoter, or its nominated agent, and the Co-Promoter will publish a post about the Promotion on the following social media pages respectively: (i) the Promoter’s “The Suite” website (found at https://www.thesuite.co.za) (the “Suite”); (ii) the Promoter’s “The Suite” Instagram page (available at the handle @thesuitesa); and (iii) the Co-Promoter’s Instagram page (available at the handle @skin_fuctional) (together, the “Social Media Pages”).

In order to enter the Promotion, a Participant must:

follow the link (available at https://www.thesuite.co.za/user/login) in the relevant post related to the Promotion and sign up to the official Suite platform by providing the following information and answering the following questions when prompted: (i) name and surname of the Participant; (ii) the Participant’s date of birth; (iii) the Participant’s gender (from a drop-down menu of responses); (iv) the Participant’s mobile number and email address; (v) the province within South Africa in which the Participant resides; and (vi) an indication as to the occasions on which the Participant enjoys their Brutal Fruit;

confirm acceptance of the terms and conditions of the official Suite platform; and confirm that the Participant agrees to become a Suite member by paying a once-off membership fee of R49.99 (valid for 12 months), as directed on the official Suite platform, to receive the Promotional Item (as described in Promotion Rule 4 below).

In addition to Promotion Rule 3.1 above, the Promoter or its nominated agent will send an email to those individuals who have successfully completed the actions described in Promotion Rules 3.2.1 and 3.2.2 above but not yet completed the action described in Promotion Rule 3.2.3 above.

Those individuals who are already Suite members will be automatically eligible to receive a Promotional Item, as described by Promotion Rule 4.1 below and subject to Promotion Rule 4.3 below. The Promoter or its nominated agent will send an email to the Suite members notifying them of the Promotion and provide them with a unique discount to receive the Promotional Item, subject to Promotion Rule 4.3 below. Such Suite members will constitute as Participants, as applicable.

Entry is only valid through the above medium and manner.

A Participant may only enter or be entered into the Promotion once.

Participants are liable for their own data and voice charges in respect of their participation in the Promotion as well as any verification process, if applicable.

The Promoter, or its nominated agent, and the Co-Promoter, does not accept responsibility for lost, corrupted, delayed, or incomplete entries as a result of any network, hardware, or software failure of any kind.

 

4. DESCRIPTION OF PROMOTIONAL ITEM

 

The promotional item to be given away during this Promotion is one of 2000 unique 20% discount codes which can be redeemed, subject to Promotion Rule 4.10 below, by making an online purchase on the Co-Promoter’s online store (available at https://skinfunctional.com/), (each, a “Promotional Item”) on purchases of R450.00 or more.

There are a total of 2000 Promotional Items available during the Promotion Period.

The Promotional Items will first be awarded to the Participants who are already members of the Suite as per Promotion Rules 3.4 above, with any remaining Promotional Items awarded to the Participants who successfully enter the Promotion and subscribe to the Suite in accordance with Promotion Rules 3.2 and 3.3 above, subject to Promotion Rule 4.8 below.

If a Participant receives a Promotional Item, then he/she must redeem his/her Promotional Item on the Co-Promoter’s online store before 28 February 2024, failing which the Promotional Item will be forfeited. Any Promotional Items that are redeemed after 28 February 2024 on the Co-Promoter’s online store, will be forfeited and Participants will have no claim against the Promoter or Co-Promoter, or their associated companies, and the directors, officers, employees and agents of the Promoter and Co-Promoter and their associated companies, of any nature whatsoever, related to such forfeiture.

The Promoter, or its nominated agent does not guarantee stock availability of any items on the Co-Promoter’s online store. The Promoter, or its nominated agent shall not in any manner whatsoever be liable for any of the purchases made at any the Co-Promoter’s online store, whether relating to the condition, quality or any other manner of the item(s) bought.

No person may receive more than one Promotional Item in this Promotion.

A Participant who receives a Promotional Item may not transfer a Promotional Item, in whole or in part, to any other person or exchange a Promotional Item for an alternate item or for its cash value. A Participant who receives a Promotional Item may not substitute him/herself with any other person.

Apart from Participants who are already Suite members at the time that the Promotion posts are first published, a Promotional Item will be awarded to Participants on a “first come, first serve” basis and those Participants will be notified by the Promoter or its nominated agent and receive their Promotional Item on a weekly basis via email, on or about each Friday during the Promotion Period.

If the Promoter, or its nominated agent is unable to contact the Participant, he/she will be disqualified and a substitute Participant may at the discretion of the Promoter, or its nominated agent be selected, using the same Participant selection process.

The Promotional Item cannot: (i) be used to purchase a sale item; (ii) be used in conjunction with another discount or promotion; (iii) be used on total purchases of R450.00 or less; or (iv) be applied retrospectively on the Co-Promoter’s online store.

 

5. PARTICIPANT VERIFICATION

 

A Participant will only be eligible to receive a Promotional Item if the Participant is over the age of 18 years old and complies with the Participant eligibility criteria set out in Promotion Rule 1.1 and the requirements in these Promotion Rules, which may be verified by or on behalf of the Promoter. A Participant may be asked to provide a copy of his/her identity document/passport/driver’s license/proof of subscription to the Suite, in order to be eligible to receive the Promotional Items. The Promoter, or its nominated agent reserves the right to conduct the validation and verification process via automated means and/or any other means that the Promoter, or its nominated agent may deem necessary, and by participating in the Promotion, all Participants consent to the appropriate validation and verification measures that the Promoter, or its nominated agent may implement from time to time.

A Participant will only be eligible to receive a Promotional Item after successful verification of a Participant to the satisfaction of the Promoter. Failing successful verification of a Participant, a substitute a Participant may be selected to win a Promotional Item at the discretion of the Promoter.

 

The Promoter reserves the right to carry out audits in respect of a Participant who receives a Promotional Item to verify his/her eligibility and/or the validity of a Participant’s entry. The Promoter may disqualify a Participant if any fraud or cheating or related activity is suspected, including without limitation, through the manipulation of an entry or otherwise falsifying data. Should the Promoter or its agent determine that an entry or Participant is invalid or ineligible, the relevant Participant shall not be entitled to receive a Promotional Item and will not be compensated in any way.

 

6. PROMOTIONAL ITEM FORFEITURE

 

A Participant who receives a Promotional Item must communicate his/her full details to the Promoter, or its agent, or the Co-Promoter as requested by the Promoter or its nominated agent, or the Co-Promoter. Failure to do so may result in forfeiture of a Promotional Item.

If a Participant who receives a Promotional Item is unable to attend, receive or utilise (as applicable) a Promotional Item then the entire Promotional Item shall be forfeited. There will be no compensation, in any form, including, but not limited to monetary compensation and/or rescheduling, to any party, irrespective of the reason/s for the inability of that Participant to attend, receive or utilise (as applicable) a Promotional Item.

Time permitting and subject to the Promoter’s approval, where a Promotional Item is forfeited a substitute Participant may be chosen in the same manner as an original Participant was chosen to receive a Promotional Item.

 

7. GENERAL

 

Should the process for entry into the Promotion or the Promotional Item/s involve any alcoholic beverage, Participants shall ensure that it is enjoyed responsibly.

In the event of a dispute, the Promoter’s decision is final and binding and no correspondence will be entered into.

The timelines stated by the Promoter or its agent must be adhered to. Failing adherence to any timeline, at any stage, may result in disqualification and forfeiture of a Promotional Item in its entirety with no compensation to any party by the Promoter.

Each Participant, by participating in the Promotion, acknowledges, agrees and expressly consents to:

the Promoter processing the Participant’s personal information, including in the form of names, telephone numbers, identity numbers and/or email addresses, during and after the course and scope of the Promotion; and

the Promoter transferring the Participant’s personal information, including names, telephone numbers, identity numbers and/or email addresses, to the relevant third parties in order to make any required travel, delivery or other arrangements, as may be applicable, during the course and scope of the Promotion for utilisation of a Promotional Item,

which processing and transfer shall take place in accordance with the provisions of the Protection of Personal Information Act 14 of 2013 (“POPIA”) and any other applicable law, and for the purpose of giving effect to the Promotion.

With the exception of Promotion Rule 7.4 above, the Promoter will not share any personal information with any third party except where such disclosure is necessary to enable the Promoter to provide, deliver or in any other way give effect to these Promotion Rules and/or a Promotional Item, where such disclosure is permitted by law and/or where consent to sharing personal information is obtained from the relevant Participant by the Promoter. The Promoter will comply with the relevant data protection legislation, including POPIA.

A Participant may submit a request at https://www.sab.co.za/content/data-subject-request-0 for the Promoter to:

correct or delete personal information about the Participant in the Promoter’s possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or

destroy or delete a record of personal information about the Participant that the Promoter is no longer authorised to retain.

The Promoter may make media announcements containing, or otherwise publish, the names and/or photographs of a Participant who receives a Promotional Item without remuneration being payable to a Participant who receives a Promotional Item, provided that the Promoter will not do so if a Participant who receives a Promotional Item communicates in writing to the Promoter that he/she does not want his or her names or photographs to be contained in media announcements or otherwise published.

Should a Promotional Item not be available despite the Promoter’s reasonable endeavours to procure a Promotional Item, the Promoter reserves the right to substitute a Promotional Item with another of equal value as determined in the Promoter’s sole discretion and subject to availability. No person will be entitled to be compensated in any way in this instance by the Promoter.

The Promoter and Co-Promoter will not be responsible for any costs, expenses or other liabilities incurred by a Participant who receives a Promotional Item which are not expressly contemplated as part of a Promotional Item.

These Promotion Rules may be amended by the Promoter on public notice at any time during the Promotion Period or thereafter. These Promotion Rules will be interpreted by the Promoter only.

The Promoter reserves the right to alter, amend or cancel this Promotion in whole or in part. Any alterations, amendments or cancelations will be interpreted by the Promoter only. In the event of an alteration, amendment and/or cancellation, the Promoter will not compensate any individual for any reason whatsoever.

Each Participant indemnifies and holds harmless the Promoter, and the Co-Promoter, their associated companies, and the directors, officers, employees and nominated agents of the Promoter, and the Co-Promoter and their associated companies, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever connected to or arising out of his/her participation in any way in this Promotion or his/her receipt, participation, ownership and/or use of a Promotional Item. This indemnity is not intended to exclude any liability for any person which cannot be excluded under the Consumer Protection Act 68 of 2008.

The Promoter shall not be responsible for any lost, damaged, corrupted, delayed, incorrect or incomplete entries for any reason whatsoever. Proof of sending an entry will not be accepted as proof of receipt of such entry. The Promoter shall not be responsible for the failure of any technical element relating to this Promotion that may result in an entry not being successfully submitted. The Promoter is not responsible for lost, damaged or delayed entries as a result of any network, computer or cell phone hardware or software failure of any kind. No entry from an agent, third party, organized group or entry automatically generated by computer will be valid or accepted. An entry will only be valid and accepted if it complies with all entry instructions and requirements. Any form of network or systems manipulation, including but not limited to Botnets, Sim Farms, Trojans, SMS malware may not be used when entering the Promotion.

By participating in the Promotion, each Participant gives the Promoter consent to: (i) market its products and campaigns to the Participant; (ii) conduct market research using personal information of the Participant which may be shared with third parties to enable the Promoter to develop appropriate marketing strategies in respect of its customers; and (iii) use the personal information and other details provided by the Participant during the Promotion entry process for the purposes of facilitation of the Promotion. A Participant may decline to provide or retract his/her consent by opting out via the opt out mechanism provided on the communications of the Promoter.

These Promotion Rules are also available on https://www.thesuite.co.za/terms-of-use.