Smart Shopper loyalty programme

PICK n PAY SMART SHOPPER – GIMME A JIMNY COMPETITION

TERMS AND CONDITIONS

1            TERMS AND CONDITIONS

1.1               The promoters to this competition are:

1.1.1                   Pick n Pay Retailers Pty Ltd (“Pick n Pay”) (registration number: 1973/004739/07) a company incorporated in the Republic of South Africa and having its registered address at 101 Rosmead  Avenue, Kenilworth, 7708; and

1.1.2                   bp Southern Africa Pty Ltd (“bp”) a company incorporated in the Republic of South Africa and having its registered address at 199 Oxford Road, Dunkeld, Johannesburg, South Africa, (collectively hereinafter referred to as the “promoters”).

1.2               All persons entering the Pick n Pay Smart Shopper Competition ("the entrants") agree that the competition rules as set out in these terms and conditions are binding on them. A copy of these terms  and conditions is available at www.pnp.co.za.

2            IMPORTANT NOTICE

2.1               These terms and conditions and competition rules contain certain terms and conditions which appear in similar text style to this clause and which:

2.1.1                may limit the risk or liability of the promoter or a third party; and/or

2.1.2               may create risk or liability for the entrant; and/or

2.1.3               may compel the entrant to indemnify the promoter or a third party; and/or

2.1.4               serves as an acknowledgement, by the entrant, of a fact. 

2.1.5               the entrant cannot be a juristic entity and must be an individual;

2.2               The entrant's attention is drawn to these terms and conditions because they are important and should be carefully noted.

2.3               Nothing in these terms and conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the entrant or the promoter in terms of the Consumer Protection Act, 68 of 2008 ("the CPA").

2.4               The entrant acknowledges that by submitting his or her entry to the competition he/she has been given an appropriate opportunity to first read these terms and conditions before entering and he/she understands and agrees to the terms and conditions.

2.5               All entrants to this promotional competition participate entirely at their own risk.  By reading and accepting these terms and conditions, the entrant gives consent to these risks and hereby indemnifies and holds harmless the promoters and Pick n Pay Stores Limited and all entities in the Pick n Pay group and/or the bp group, their directors, employees and agents, of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any indemnified party.

3            RULES OF THE COMPETITION

3.1               The Pick n Pay Smart Shopper Competition (“competition”) opens at 00:01 on 1 June 2023 and closes at midnight on 31 July 2023 (“competition period”).  Any entries made after the stipulated closing time and date will not be accepted.

3.2              The entrants entering this competition are eligible to be 1 (one) of 4 (four) lucky winners to win a Suzuki Jimny 1.5 GLX Manual.

3.3               The winners will be contacted by Pick n Pay Call Centre, before being handed over to a designated supplier to arrange for delivery of the prizes.

3.4               The vehicles will be transferred into the respective winners’ names. Ownership of the vehicle is placed solely into the name of the winning customer.

3.5               Winners must arrange for their own vehicle insurance cover prior to accepting and taking hand over of the vehicle. If the winner removes the vehicle without having insurance cover in place, neither Pick n Pay nor bp shall not be held liable for any loss or damage to the vehicle. 

3.6               The prizes do not include fuel, service plans, maintenance plans, insurance cover or any additional features or add-ons.

3.7               Winners are eligible to only win one (1) vehicle during a 12-month period in respect of all Pick n Pay competitions.

3.8              The winners will be able to choose a vehicle colour of their choice but from the allocated model. There may be a waiting period for the vehicles based on stock availability.

3.9               Prizes are not transferable and may not be exchanged for cash or other prizes.

3.10             Winners agree to have photographs or video footage of the prize handover published on the promoters various marketing channels.

3.11             In order to qualify as an entrant for this promotional competition:

3.11.1                the entrant must live in the Republic of South Africa;

3.11.2                the entrant must provide correct and full personal details, as required;

3.11.3                the entrant must be 18 years old or older;

3.11.4                the entrant must hold a valid driver’s licence;

3.11.5                the entrant cannot be a juristic entity and must be an individual; and

3.11.6                the entrant must be a registered Pick n Pay Smart Shopper at the time of the transaction.

3.11.7                The promoters, Pick n Pay Retailers (Proprietary) Limited, any entity in the Pick n Pay group and/or the bp group, their directors, members, partners, employees, agents or consultants, the suppliers of goods or services in connection with this promotional competition, or any other person who directly or indirectly controls or is controlled by the above named parties and their respective spouses, life partners, business partners or immediate family members are not permitted to participate in this promotional competition.

3.12             To enter the promotional competition, the entrant must:

3.12.1                be a registered Pick n Pay Smart Shopper card holder prior to the relevant qualifying transaction;

3.12.2                be opted-in to Smart Shopper for communications by the time that the draw takes place and a winner is selected; and

3.12.3                spend R500 or more in a single payment transaction towards fuel at a participating bp service station in South Africa, as well as spend R70 or more in a single payment transaction at a Pick n Pay Express store in the same month and swipe their Smart Shopper card before payment in respect of each eligible transaction is made during the competition period.

3.13             entrants may enter the competition as many times as they wish provided that each entry is associated with a separate qualifying purchase and smart shopper card swipe. The entrants will only be eligible to win one prize.

4.              SELECTION OF WINNERS

4.1            Two winners will be drawn from the entries received during the month of June 2023. They will be selected on or before 7 July 2023. This date is subject to change by the promoters without notice.

4.2            Two winners will be drawn from the entries received during the month of July 2023. They will be selected on or before 4 August 2023. This date is subject to change by the promoters without notice.

4.3            Entrants to whom prizes will be awarded will be selected through a random draw conducted by Pick n Pay on behalf of the promoters.

4.4            Winners will be contacted via email or telephonically. Winners that have no active or operation means of communication will be excluded from the draw. If winners have not been able to be contacted within 2 working days of winner selection, they will forfeit their prize, and a backup winner will be selected.

4.5            Pick n Pay reserves the right to disqualify a winner if he/she does not respond to the email or telephone call within two working days of winner selection and randomly select a replacement winner from the competition entries. In such circumstances, the replacement winner shall be contacted via email or telephonically by Pick n Pay as soon as reasonably practicable and shall be required to respond to Pick n Pay in the manner set out in such correspondence. In the event that the replacement winner fails to respond to Pick n Pay as required, then the provisions of this clause shall apply to that new winner in the same way as if he/she were the original winner. If the selected winner does not have any contact details a redraw shall take place in respect of that specific prize.

4.6            The promoters reserve the right to amend these terms and conditions as well as terminate the competition at any time, including the right to terminate the competition immediately at any time and without notice where circumstances beyond their reasonable control prevent the promoters, their associated companies (directors, officers and employees) agents and/or suppliers, from continuing with the competition. This includes but is not limited to any directive from the Department of Energy, or any other competent authority, to cease the competition. In the event of any termination of the competition, as far as the law allows, all entrants agree to waive any rights that they may have in terms of the competition and the entrants shall have no recourse against the promoters, their associated companies (directors, officers and employees) agents and/or suppliers, in respect of and/or arising out of such termination.

5.              DATA PRIVACY

5.1            Personal Information means information relating to an identifiable, living, natural person and where its applicable, an identifiable, existing juristic person including but not limited to defined in the Protection of Personal Information Act (“POPIA”).

5.2            The entrants hereby consent to provide the promoters with the relevant personal information required in order to enter the competition as well as allow the promoter to share the personal information with the designated third-parties.

5.3            In addition, the entrant also agrees to the promoter’s Privacy Policy which can be found at https://www.pnp.co.za/privacy-policy.

5.4            All personal information shared within the context of the competition will be treated as confidential and shall only be processed for the sole purpose of the competition. Any other processing of any personal information by the designated third-parties and promoter (“all parties”) is prohibited.

5.5            It is the responsibility of the entrant to provide accurate personal information otherwise the promoter would not be able to comply with the Data Protection and Privacy Laws of South Africa.

6.              GENERAL

6.1            By entering the competition in accordance with its terms, the entrants are entering a promotional competition for the purposes of the Consumer Protection Act, 2008 ("CPA") and the promotional  competition will be conducted in accordance with the relevant provisions of the CPA. Should the entrant win a prize in the competition, they undertake to expeditiously do all things necessary to  enable the promoters to comply with their obligations under the CPA including, but not limited to (i) providing such personal information as may be required in order to facilitate handing over the prize (including providing proof of address and identity number) and (ii) signing receipt of the prize upon its delivery.

6.2            The names of the prize winners will be published on the Pick n Pay and/or the bp website and/or on social media subject to the winner’s consent.

6.3            Winners may be requested to take part in the promoters’ publicity campaigns or to allow their names and likenesses to be used by the promoters for promotional purposes. Winners are, however, entitled to decline such request.

6.4            The promoters shall conduct the competition, and the promoters’ decision on any matter related to the competition, including the selection of prize winners is final and no correspondence will be entered into.

6.5            As far as the law allows the promoters, any entity in the Pick n Pay group and/or the bp (their directors, officers and employees) agents and suppliers, shall not be responsible for a entrant's failure to access the competition for any reason whatsoever including, by way of example only, as a consequence of communications or network failures.

6.6            These terms and conditions shall be governed by the laws of South Africa.

6.7            If any provision of these terms and conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these terms and conditions and shall not affect the validity or enforceability of any remaining provisions.

6.8            Any queries in this regard, and a copy of these rules can be found at www.picknpay.co.za or by calling the consumer services division on 0860 30 30 30 during office hours throughout the period of the competition