#BOSSLADY BOOST TO BEST TERMS AND CONDITIONS
These are the terms and conditions governing the use/ purchase of the #BossLady Boost to Best (offer/promotion) and the agreement that operates between us and you. The promotion is owned and operated by BossLady Media (Pty) Ltd (us/our/we/ the Promoter/ BossLady) and these Terms set out the rights and obligations of all users (you/your) in relation to your use of the promotion. Please read these Terms and carefully. By buying the promotion you are consenting to be bound by the then current Terms and our Privacy Statement. We may revise the Terms and information relating to the promotion at any time and without notice. If you do not agree to these Terms or the Privacy Statement, please refrain from participating in the promotion.
If you have any questions about the Terms or the Privacy Statement, please contact us at: email@example.com
1.1 THE PROMOTION:
#BossLady Boost to Best Promotion (“the Promotion”) conducted by BossLady Media, 26 8th Street, Melville, 2092 (“the Promoter”).
1.2 PROMOTION PERIOD:
The Promotion will run from the 7th January 2018 to the 4th February 2018 (“the Promotion Period”). No purchases/entries after midnight on the 4th February 2018 will be accepted.
The duration of the Promotion may be extended or curtailed at the discretion of the Promoter.
Promotion is valid while stocks last.
1.3 WHO MAY ENTER?
All Participants must:
- be a natural, person, female and be 18 (eighteen) years of age at the date of the entry.
- be in possession of a valid Identity Document/ valid resident permit, passport and/or Driver’s License, if applicable.
Participation in the competition aspect of this promotion excludes directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoter, their Agencies, organizers and participating stores, of the Competition and the spouse, life partner, parent, child, brother, sister, business partner or associate of any of the said persons.
A person may not win more than one prize within a 3 (three) month period following the first win, nor shall any member of such person’s family residing at the same address (including, but not limited to, aunts, uncles, cousins, grandparents, in-laws, etc.). The Promoter reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
1.4 HOW TO QUALIFY FOR THE PROMOTION:
- Look out for our Call to action posts on our various social media platforms
- The promotion is available for sale at R99 during the promotion period, thereafter the price will increase. Subject to avails.
- To enter the competition aspect of the promotion, submit your name and email address in the relevant form. See http://boostmenow.bossladies.co.za
1.5 CAN I PURCHASE MORE THAN ONCE IN ORDER TO GIFT?
Multiple purchases will be permitted, subject to each purchase being in accordance with purchasing requirements. A participant may only win one prize. Should there be any dispute in this regard; the Promoter’s decision will be final.
The Promotion will afford 1 winner to receive a R4,000 shopping voucher redeemable at any Foschini store in South Africa, competition ends 4 February 2018.
Prizes are not transferable, exchangeable and may not be redeemed for cash and if not taken up for any reason, may be forfeited or be the subject of a separate draw or be allocated at the Promoters’ discretion to another winner. The promoter reserves the right to substitute any of the prizes for a different prize of similar value.
1.7 AWARDING OF PRIZE/ TERMS OF DELIVERY
The Draw will take place on the 7 February 2018.
Winner will first be notified via email. In the event that a winner is not contactable or does not return an email to the Promoter within 48hrs (during office hours) of the first attempt to contact the winner, then such winner will forfeit their prize and another winner will be randomly selected and the same process as described herein will be followed.
Winners will be required to provide their valid Identity Document, passport and/or Driver’s license/ to claim the prize
The Promoter reserves the right to carry out reasonable due diligence to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring the Promoter or any of the Promoter’s brands into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion as determined by Promoter in its sole discretion. The Promoter reserves the right to withdraw the prize and/or disqualify any participant/winner that may bring the Promoter brands into disrepute.
The Promoters may refuse to award the prize to a participant if there is suspicion of any irregularities or fraudulent activities.
There will be no refund on early termination of paid add on services. It is at the discretion of BossLady Media (Pty) Ltd as to whether a discount may be given on changed add on service.
The winner will receive a Congratulations Letter and Foschini Gift Voucher, giving them access to their prize.
The promoter is not responsible for any undelivered prizes due to any incorrect details being provided by the winner with regards to their preferred delivery mechanism.
The promoter will not be responsible for any ‘lost’ prize once the winner has signed for their prize.
2.1. The material contained within the courses and products within the promotion is provided without any guarantees, conditions or warranties as to its accuracy. BossLady Media does not represent that information contained within the promotion offerings. Whether it is accurate or complete and accordingly it should not be relied on as such. You should not rely on any such information. Any arrangements made between you and any other person, using or named within the promotion is entirely at your sole risk and responsibility.
2.2. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
2.2.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
2.2.2. any liability for loss or damage incurred by any user in connection with the use, inability to use, or results of the use of the promotion, any websites linked to it and any material posted within it;
2.2.3. any liability for any bugs or faults in our systems or tools; and
2.2.4. any liability for any direct, special, indirect or consequential loss or damage incurred by any user in connection with the promotion or in connection with the use, inability to use, or results of the use of the promotion, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
2.3. Nothing in this section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
3.1. In order to obtain access to certain services provided via the promotion you will be required to register on the promotion Website. To do this you will have to provide personally identifiable information such as your name, e-mail address and telephone number. You can choose not to provide this information, however, you might not be able to gain access to our services or purchase the promotional offering from our Website. If you contact us for any reason, we may keep a record of that correspondence.
3.2. Any communication or material that you transmit to, or post on, any public area of the promotion / Website/ Facebook support group including any personal information, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary information. Such personal information is not covered by these Terms and Conditions.
3.3. We will retain your personal information for as long as needed to provide you services and to maintain a record of your transactions for financial reporting purposes [or until such time as you deactivate your account]. We will also retain your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
3.4. The security and confidentiality of your information is extremely important to us. As no data transmission over the Internet can be guaranteed as 100% secure, we cannot ensure or warrant the security of any information that you transmit to us and you transfer the data at your own risk. We endeavour to use the appropriate technical and organisational measures in order to secure the confidentiality of your personal data, to prevent unauthorised or unlawful processing of such personal data, and to protect against accidental or unlawful destruction, accidental loss, alteration or unauthorised disclosure or access and to otherwise protect the security of such personal data.
3.5. We shall not face any liability in the event of our system being hacked and personal information being stolen.
- LIMITS OF USE
4.1. You may use the promotion only for lawful purposes. You may not use the promotion:
4.1.1. In any way that breaches any applicable local, national or international law or regulation;
4.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.1.3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our [content standards];
4.1.4. To share any content from courses or products within the promotion, without the expressed written permission of the course or product provider;
4.1.5. To transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2. You also agree:
4.2.1. Not to reproduce, duplicate, copy or re-sell any part of our promotion in contravention of the provisions of these Terms;
4.2.2. Not to use ad-blocking software;
4.2.3. Not to charge others for the use of the promotion unless in specific written agreement with BossLady Media (Pty) Ltd;
4.2.4. Not to reuse text or graphics from the promotion or parts thereof, without expressed permission from the image source provider.
You can deactivate your account at any time, but BossLady Media (Pty) Ltd shall maintain course tracking history in our database.
- USE OF DATA
6.1. We use information held about you in the following ways:
6.1.1. To ensure that content from our promotion is presented in the most effective manner for you and for your computer;
6.1.2. To use it in data analytics and transfer to our operated systems for this purposes;
6.1.3. To provide you with information that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
6.1.4. To conduct marketing analysis;
6.1.5. In the event that you are selected as the main prize winner, or as “Best Learner” or “Learner of the Month”, you agree to your details and responses being used in our marketing on BossLady community pages; and
6.1.6. When a learner submits a testimonial or comment, they give permission for BossLady Media (Pty) Ltd to use that on our website, community and in marketing material.
- SOCIAL MEDIA
7.1. BossLady (Pty) Ltd reserves the right and has absolute discretion to screen, review, filter, edit, refuse or remove without notice any content posted on any BossLady social media platforms including:
7.1.1. Comments which include offensive, inappropriate or obscene language or content (including images, videos or links);
7.1.2. Threatening, abusive or insulting statements likely to stir up hatred;
7.1.3. Material infringing copyright or intellectual property rights;
7.1.4. Material in breach of privacy or confidentiality obligation; and
7.1.5. Spam messages.
7.2 Users must be 18 years or older to sign up to and post on BossLady social media accounts.
To the extent permitted by the Consumer Protection Act and any other applicable law:
The participant and/or winner hereby indemnifies the Promoter, its associated companies (directors, officers and employees) and agents 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 participants entrance to the Promotion.
The Promoter excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).
The Promoter reserves the right, at any time, to verify the validity of participants (including but not limited to a participant’s identity, age and place of residence) and to reject any participant who has not complied with these Terms and Conditions. Errors and omission may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Neither Promoter nor its agents or distributors will have any liability in relation to this promotion.
Participants of this promotion are voluntarily providing their personal information to the Promoter, its associated agencies and the third party service providers running the promotion in conjunction with the Promoter. By purchasing the #BossLady Boost to Best promotion, participants authorise the Promoter to collect, store and use (not share) personal information of participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should the participant wish to be removed from all communication.
By purchasing this promotion, the participant consents that the Promoter may use names and images taken of the winners/participants for publicity purposes, without any further remuneration being payable to the winner. All promotional material will become the sole property of the Promoter. However, the participant/winner has the right to decline participating in any promotional activity or to object to these images being used by written notification to firstname.lastname@example.org This notification is to reach the Promoter by no later than the stipulated draw date.
10.1 The Promoter reserves the right to amend, modify, change, postpone, suspend or cancel this promotion and any prizes, or any aspect thereof, without notice at any time, for any reason that the Promoter reasonable deems necessary.
10.2 The onus rests on the participants to check the website for updates to the Terms and Conditions.
10.3 No liability shall lie on the Promoter in favor of any participant, winner (s) and/or third party arising from such cancellation, suspension or termination. Therefore the participant waives his/her right which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter
10.4 The Promoters decision is final, and no correspondence will be entered into
10.5 This promotion is in no way sponsored, endorsed or administered by Facebook/Twitter/LinkedIn or Instagram.
10.6 In part or all of any clause of these Terms and Conditions is illegal, invalid or enforceable:
- It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible;
- It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
10.7 Any dispute with number ownership (such as more than one individual claiming to be the owner of the same voucher number – verbally or otherwise) will result in immediate disqualification of both the number and the individuals and no negotiations will be entered