Rules for the Easter Bunny Hunt Competition
Please note: Please read clause 8 (Important provisions) which contains important information on the various terms and conditions which may affect your risks or your rights. These have been highlighted in bold text and you should pay special attention to these terms and ensure that you understand them.
1. Introduction and your agreement to these Rules
1.1 This Easter Bunny Hunt Competition (“Competition”) is promoted by Progressive Tech Holdings, a company registered in accordance with the laws of Mauritius with registration number 117490 C2/GBL (“we” or “us“) which is the company that makes the Ayoba application (“Ayoba App”) available for use on mobile devices supported by us. This Competition is sponsored by Transsion Communication Limited.
1.2 By entering the Competition you agree to the rules set out below (“Rules”). If you do not agree to the Rules, you must not enter the Competition.
1.3 There are no entry fees to participate in this Competition.
2. How long does the Competition last?
2.1 The Competition runs from 25 March 2021 to 12 April 2021.
2.2 No entries will be accepted after midnight on 11 April 2021.
2.3 The Lucky Draw (defined below) will take place on 14 April 2021.
3. Who can enter the Competition?
3.1 You are entitled to enter into this Competition if you are a natural person resident in the Republic of South Africa and are over the age of 14 years old.
3.2 If you are under the age of 18 years old, you must ensure that you are assisted by your legal guardian and that your legal guardian consents to your possession of the prize in the event that you are a winner.
3.3 You are not entitled to participate in this Competition if you are a director, member, partner, employee, agent of, or consultant of:
3.3.2 the supplier, sponsor or advertiser of goods or services in connection with this Competition or a prize,
3.3.3 an affiliate entity of PTH; and/or
if you are any of the aforementioned person’s spouse, life partner, parent, child, brother, sister or business partner.
4. How to enter and participate in the Competition?
4.1 In order to enter the Competition you must log on and sign in to the Ayoba App or register if you are a new user. All users will need to join the Easter Bunny Hunt Channel (“Competition Channel“). Ayoba branded Easter bunny icons will be hidden across selected channels. Each day, a riddle or clue will be posted in the Competition Channel relating to where to look for the Easter bunny and you will be required to find the Easter bunny within the Ayoba App. The clues will be followed by a poll with options for you to select the correct answer. Each time you correctly answer the poll, this will qualify as a means of entry.
4.2 You may enter this competition as many times as you wish.
5. What are the prizes?
5.1 All prizes will be provided by us and the Transsion Communication Limited.
There are three smartphone prizes. The prizes are:
5.2.1 1 x Tecno Camon 16 smartphone;
5.2.2 1 x Note 7 Infinix smartphone; and
5.2.3 1 x S5 – Infinix smartphone.
Each smartphone will be accompanied by a hamper of Ayoba branded merchandise, the contents of which to be determined by Ayoba.
5.3 Lucky Draw
Each valid entry will be placed into a lucky draw which shall take place on 14 April 2021 (“Lucky Draw“).
5.4 The winners for the Lucky Draw will be chosen randomly after the Competition Period. The Lucky Draw will be overseen by an independent representative appointed by us. The determination of the winners is final and no correspondence will be entered into.
5.5 All prizes are strictly subject to availability. The prizes are not transferable and you may not exchange them for cash or any other alternative. The prize is not permitted to be sold or resold, or offered for sale or for other consideration by a winner. The prize is not for use in conjunction with any other promotion or offer. The prize (or any part of a prize to the extent divisible) cannot be replaced by a winner in the event of loss, theft or missed opportunity. Please note that we or the sponsors of the prize/s reserve the right to substitute any prize without prior notification.
Winners will be notified via a direct message or other appropriate means of our choice, on the Ayoba App on 15 April 2021. We will also put up a note on the Ayoba social media platforms which includes Instagram, Facebook, and Twitter inviting all users to check their messages when the message has been sent.
5.7 The winners will be contacted by direct message in the Ayoba App on 15 and 16 April 2021. We will attempt to make contact with each winner twice, but if we are unable to contact any winner within 3 (three) working days after the Lucky Draw, such winner will forfeit his/her prize and we reserve the right to redraw a new winner of that prize. The winners (after being successfully contacted by us) will be announced on or before 22 April 2021 on the Ayoba social media platforms. The winners may be asked to participate in marketing activities, including having their photograph used on our social media platforms, but the winners are entitled to decline to do so.
5.8 We will use reasonable efforts to ensure that your prize gets delivered to you, however we do not accept any responsibility for any failure by the winner to accept delivery of his/her prize or where incorrect details are provided and the prize cannot be delivered to you (despite our reasonable efforts).
5.9 We or the sponsor may require you to provide us with additional information as we may reasonably require in order to determine your identity and to process and/or facilitate the redemption of your prize. You may not win the prize if it is unlawful to give such prize to you and if you do win the prize under such circumstances, you will forfeit it.
6. Consent to use of personal information
6.2 You consent to us processing your personal information for marketing purposes. We will usually inform you if we intend to use and/or disclose your personal information to any third party for such purposes. If you do not wish to receive information from us on future competitions, product launches or promotions, you can elect to opt out of receiving such communications by contacting us on firstname.lastname@example.org or following the procedure for opting out as set out in any communications.
7.1 In participating in this Competition, you agree to all the Rules set out herein, without exception and you hereby warrant that all information submitted by you is true, current and correct. We and/or the sponsor reserve the right to verify the eligibility of all participants.
7.2 As far as the law allows,
7.2.1 we reserve the right, without notice and acting reasonably, to withdraw the Competition at any time if any circumstances beyond our reasonable control prevents or restricts us from conducting the Competition;
7.2.2 the prize is subject to availability and we reserve the right, acting reasonably, to substitute the prize for another prize which offers an equivalent experiential benefit (insofar as reasonably practicable), should the specified prize become unavailable for any reason beyond our reasonable control (or any part of a prize to the extent divisible); and
7.2.3 we will not be responsible for any cancellations, delays, diversions or substitutions, or any act or omissions whatsoever where this is not caused by us.
7.3 You can contact us at email@example.com if you have any queries regarding this Competition.
7.4 As far as allowed by law, we, our affiliates, our employees, directors, partners, members, consultants and/or agents are not responsible for any loss or damage associated with you entering this Competition, the carrying out of the Competition, or the provision or otherwise of any aspect of any prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these Rules are hereby excluded to the maximum extent permitted by law.
7.5 These rules are governed by the laws of South Africa. You hereby consent to the non-exclusive jurisdiction of the High Court of South Africa in respect of all matters arising out of or in connection with the competition.
7.6 If any provision of the rules is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision will be severed from the rules and shall not affect the validity or enforcement of any remaining provisions.
7.7 If the Competition is regulated by the Consumer Protection Act, 68 of 2008, it is not intended that any provision of these terms and conditions contravenes any provision of the Consumer Protection Act and therefore all provisions of these terms and conditions must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
7.8 A copy of these Rules is made available at https://www.ayoba.me/easter-bunny-hunt-rules.
7.9 Please note that these Rules are subject to the Ayoba terms and conditions located at http://www.ayoba.me/terms-conditions/
8. Important provisions
8.1 The clauses which contain these important provisions and the reasons why they are important are set out below. It is also very important that you read all of these clauses carefully and not just what we say below.
8.1.1 Limitations of risk, legal responsibilities and liability. Clause 7.4 is important because it limits and excludes 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 and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
8.1.2 Assumptions of risk, legal responsibilities and liability by you. Clauses 5.4, 5.7 and 7.2 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for 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 these clauses.
8.1.3 Acknowledgements of fact by you. Clauses 1.2; 1.3; 3.2; 6; and 7.1 are important because they contain statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements.