COMPETITIONS TERMS & CONDITIONS

1.1      These are the standard terms and conditions for competitions by Kusudi La NPC (“Kusudi La”) alone or in conjunction with third parties (referred to in these terms and conditions as “affiliates”).  

1.2      Your entry into any competition and/or your acceptance of any prize constitutes your acceptance of these terms and conditions on your own behalf of and on behalf of any person with whom you may share a prize in the event that you win a prize which is specifically offered for you and one or more additional persons (“winners”).

Competition Period

• You will be contacted within 14 working days of the closing of the competition.
• The duration of any competition may be shortened or extended at the discretion of Kusudi La.

Eligibility

• To be eligible to participate in any competition, you must:
  • be a legal resident of South Africa;
  • be a natural person and not a juristic entity;
  • complete the entry in your own name (not on behalf of another person);
  • comply with all competition requirements (including the manner and form of entering the competition);
  • not receive any payment for taking part in the competition or taking part in any media format related to it;
  • not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it;
  • be over the age of 18 or have permission from your parent or legal guardian before entering the competition;
  • provide correct information so that Kusudi La may contact you in the event that you win a prize.

Competition Entry

• Kusudi La will not be responsible for any incorrect information supplied for the purpose any entry or for an entrant not being contacted due to incorrect information. In this event, any prize is forfeited.
• If you use a mobile phone for entry into any competition, the telephone calls/text messages you make will be charged by your service provider at the standard prevailing rates. “Free” minutes under a cell phone contracts do not apply.
• It is your responsibility to ensure that your entry is received by Kusudi La prior to the closing date of the competition. Any entries which are not received prior to closure will not be eligible to participate, regardless of the reason for the late entry.  This includes any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, service providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
• Kusudi La will not be responsible for any costs or expenses which winners incur in relation to the entry or acceptance or use of a prize except as specifically included in a prize. All other costs or expenses are for your account.
• Kusudi La does not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, makes no representations and gives no warranty that participation in the competition will result in you winning a prize; or that a prize, or any aspect thereof, will meet your, or, if applicable, another winner’s, requirements, preferences, standards or expectations; or that a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
• Kusudi La is not responsible for any harm, damage, loss or claim suffered by winners relating to a prize or the provision of any element of a prize or due to any changes to a prize that may be made at any time.

Winner Selection and Reward

• Prizes are not transferable and may not be deferred, changed, or exchanged for cash or any other item or size.
• A winner must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions are the responsibility of the winner to obtain at own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities.
• If you are a winner, you will be notified by means of the contact details provided to Kusudi La. If we are unable to contact you within 7 working days or if you are unable to collect any prize within a reasonable time, you will forfeit the prize and Kusudi La reserves the right to re-draw a new winner.
• Kusudi La may invite you to be present when the prize winners are determined or announced, to participate in any of our marketing activities, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of our goods or services, for which no fee, royalty or other compensation will be payable. You may decline such an invitation.
• Kusudi La may publish names of the winners on any of our communication platforms.
• Kusudi La may require you to provide us with such additional information and documentation as we may reasonably require for processing, confirming, facilitating acceptance and/or use of a prize. If a winner refuses to provide us with the requested information or documentation, that person will forfeit the prize.
• All correspondence regarding any prize must be directed to the supplier of the prize. Kusudi La will not be responsible for any correspondence, harm, damage, loss, or claim relating to the provision of any prize from a third party.
• We reserve the right to vary, postpone, suspend, or cancel the competition and any prize, or any element of a prize, without notice and at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests, and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us or any third parties connected to the competition.
• You agree that your participation in the competition, and your acceptance and/or use of a prize, or any element of a prize, is entirely at your own risk. Neither Kusudi La nor any third parties involved in the competition will be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered due to your participation in the competition or the acceptance and/or use of any prize.

General

• For purposes of these terms and conditions, “affiliate” means Kusudi La’s partners, co-promoters and sponsors of this competition, their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents, and representatives.
• These terms and conditions will be construed, interpreted, and enforced in accordance with the laws of contract and dispute resolution in South Africa.
• Should the competition be run on a social media platform such as Instagram or Facebook, then the following rules will apply:
• the entrant releases the social media platform from any liability in any respect;
• the entrant may not inaccurately tag content, and such inaccurate tagging shall result in disqualification;
• the entrant and Kusudi La acknowledge that the competition is in no way sponsored, endorsed, or administered by, or associated with, the social media platform;
• the entrant and Kusudi La acknowledge that they use the social media platform at their own risk.
• the entrant may not use multiple accounts, and anyone found to use multiple accounts to enter will be disqualified.

6.4      By entering into any competition, entrants agree to comply with the policies and rules set by that social media platform:

• Facebook: https://m.facebook.com/terms/

6.4.2     Instagram: https://help.instagram.com/581066165581870/?helpref=uf_share

• A copy of our updated terms and conditions may be obtained from kusudi-la.com or by emailing us at ask@kusudi-la.com.

Data Privacy/Security

• Kusudi La and its affiliates will be considered co-responsible parties (co-controllers) in terms of POPIA. Personal Information will not be shared with any third party and will only be used to fulfil requirements of the competition and marketing by both parties, subject to your consent. Should you wine and accept any prize, it will be a condition that we be permitted to announce your name as winner. 
• Winners will be required to complete a “Notification to Data Subject and Consent When Collecting Personal Information in Terms of Section 18 of POPIA” form upon being selected
• Information will be kept as stated in our Privacy Notice Policy.
• It is your responsibility to ensure that any information which you provide to us is accurate, complete, and up to date. Should any of the data provided by you in connection with any competition prove to be invalid, inaccurate, false, or misleading, your entry shall be disregarded, and Kusudi La may prohibit you from entering any further competitions for a set period to be determined by us.
• Information regarding any competition that is published on authorised advertising material will also form part of the Terms and Conditions of the competition.

• Limitation of Liability
• To the extent permitted by the Consumer Protection Act and any other applicable law:
• winners hereby indemnify Kusudi La and affiliates against any direct, indirect, special, incidental, consequential, or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the entrant’s entrance into the Competition;
• Kusudi La will not be responsible, and disclaims all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or any other winner (if applicable), of any prize, or by any action taken by us or any of our affiliates.
• You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or any other winner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you (or any other winner) may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you (and any winner) of a prize.
• You acknowledge that the acceptance and use of a prize is subject to the provision that –
  • all of the terms and conditions will apply to both you and any other winner (if applicable), and you will ensure that all winners agree to be bound and complies, and will continue to comply, therewith;
  • you will take full responsibility for all winners;
  • you indemnify and hold us and our affiliates harmless against any claim by winners or any third party in the event that any winner suffers any loss or damage pursuant to that winner’s acceptance and/or use of a prize;
  • any minor will be accompanied by a parent or legal guardian.
• If you or any winner (if applicable) fails to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have –
• you will be automatically disqualified from the competition;
• you will forfeit the prize/s (in the event that you have already won a prize);
• you will pay us for any loss or damage incurred by us directly or indirectly as a result of your or any winner’s (if applicable) failure to comply with these terms and conditions including any legal costs (on an attorney and own client scale) which we may incur in taking any steps to address such failure;
• you indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your winner, if applicable) to comply therewith.
• We and our affiliates will not be responsible for any harm, damage, loss, or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.