CALTEX THROUGHOUT THE HOLIDAYS FUEL UP AND STAND A CHANCE TO WIN GROCERIES FOR A MONTH PROMOTION – CUSTOMER TERMS AND CONDITIONS

Please read these Terms and Conditions (“Terms”) carefully. The Terms set out below apply to all participants entering the Caltex Throughout the Holidays Fuel Up & Win Promotion (“Promotion”) conducted by Astron Energy (Pty) Ltd (“Promoter”).

If you do not agree to be bound by all of the Terms, then please refrain from entering the Promotion. Instructions on how to enter the promotion are contained herein and all prizes form part of the Terms. Participation in the Promotion is deemed to be your acceptance of the Terms and an acknowledgement of your legal capacity to enter the Promotion. Entries not complying with any of the Terms will be invalid and be of no force and effect.

This Promotion is supported on the Caltex South Africa Facebook Page (@Caltex SÁ – https://www.facebook.com/CaltexSA/), Caltex South Africa Twitter Handle (@Caltex SÁ – https://twitter.com/Caltexsa) and Caltex South Africa Instagram Page (@Caltex SÁ – https://www.instagram.com/caltexsa/), the “winwithcaltex.co.za” microsite. This promotion is supported by various marketing efforts to drive awareness.

The Promoter reserves the right to amend these terms and conditions at any time during the Promotion by posting such amendments on Caltex South Africa’s Facebook page (@Caltex SÁ – https://www.facebook.com/CaltexSA/), and on the “winwithcaltex.co.za” microsite.

  1. Eligible Contestants:

    1. The Promotion is open to all South African permanent residents and all South African citizens over the age of 18 years with a valid driver’s license/ temporary license, (“Eligible Contestants”) except for Excluded Contestants. The Promotion only takes place in the Republic of South Africa.

  2. Excluded Contestants:

    1. The Promotion is not open to the directors, the members, the business partners, and the employees of the Promoter, and the Promoter’s sales agents, advertising agency staff, advisors, consultants, associated companies, and the supplier of any goods or services in connection with the Promotion, (including but not limited to Astron Energy (Pty) Ltd, Caltex Branded Marketer Network and their employees, Caltex Service Stations, Orlando Pirates Football Club, Avatar Agency (Pty) Ltd, Wavemaker

      Global, Standard Bank South Africa, Fresh Stop, Majang Attorneys, Sapphire Logistics (Pty) Ltd, Known Associates (Pty) Ltd, Flume Communications (Pty) Ltd, Rainmaker Media, The Shoprite Group of Companies and the immediate family members of aforesaid persons (including, but not limited to, spouses, life partners, parents, grandparents, siblings and children), and any other person who is controlled directly or indirectly by the Promoter, as well as the associated companies of entities or persons mentioned in this clause 2, including holding companies and subsidiaries, their employees, agents, subsidiaries and consultants. The promotion is also not open to any of the Promoters’ service station operators, staff and their immediate families (including, but not limited to, spouses, life partners, parents and children).

  3. Duration:

    1. The Promotion commences on 19 April 2021 at 00h01 and will end on 31 May 2021 at 23h59.

    2. Any entries received outside of the duration of the Promotion will be deemed invalid, will be disqualified automatically, and will not be considered.

  4. Entry Mechanism & Entry Conditions:

    1. In order to enter the Promotion, an Eligible Contestant must:

      1. Purchase R250.00 (two hundred and fifty rand) or more worth of Fuel at any of the Promoter’s participating service stations located in the Republic of South Africa (“Fuel Transaction”) within the duration of the Promotion, request their receipt and retain their receipt as proof of purchase; and enter via either of the following channels:

        1. USSD:

          1. dial *120*367# and follow the prompts to enter & keep your receipt as proof of purchase for verification purposes. The participant will then be successfully entered into the Promotion. Do not send an SMS to

            *120*367#

          2. Participants will be liable for the standard USSD rates that apply at 20c (twenty cents) per 20 (twenty) seconds.

          3. Due to network restrictions, the USSD session will timeout after 120 to 320 seconds depending on the network operator.

          4. Free minutes do not apply.

          5. Incomplete entries will be billed to the relevant service provider.

          6. The promoter shall not be responsible for telecommunication failure on the part of the Eligible Contestant’s service provider.

          7. An Eligible Contestant must enter on a cell phone that is owned and registered to that Eligible Contestant. No other person can use another person’s cell phone or cell phone number for the entry into the Promotion. If it is discovered that an Eligible Contestant has entered on a cell phone or a cell phone number that is not registered to that Eligible Contestant, he/she will automatically cease to be an Eligible Contestant, will be disqualified, and will be required to refund to the Promoter any prize(s) that such Eligible Contestant may have received from the Promoter. This is to avoid fraud and ensure compliance to the Consumer Protection Act, 2009.

          8. An Eligible Contestant is expected to be the owner of that cell phone and no person can enter the promotion using more than one cell phone number. This is to avoid additional fraud being conducted by multiple SIM card owners.

          9. The cell phone number is key to all entries. If an Eligible Contestant has won on a cell phone number, they cannot use another cell phone number in order to be contacted further. Eligible Contestants must enter using a phone number that is contactable during office hours i.e. 08h00 to 17h00, Monday to Friday, excluding Public Holidays.

        2. MICROSITE

          1. By accessing www.winwithcaltex.co.za entrants will be directed to an online form to answer & upload their proof of fuel purchase to complete their entry.

          2. Data fees are charged as per the relevant networks rates.

          3. An Eligible Contestant must enter their cell phone number that is owned and registered to that Eligible Contestant. No other person can use another person’s cell phone or cell phone number for the entry into the Promotion. If it is discovered that an Eligible Contestant has entered a cell phone number that is not registered to that Eligible Contestant, he/she will automatically cease to be an Eligible Contestant, will be disqualified, and will be required to refund to the Promoter any prize(s) that such Eligible Contestant may have received from the Promoter. This is to avoid fraud and ensure compliance to the Consumer Protection Act, 2009.

          4. An Eligible Contestant is expected to be the owner of the cell phone and no person can enter the promotion using more than one cell phone number. This is to avoid additional fraud being conducted by multiple SIM card owners.

          5. The cell phone number is key to all entries. If an Eligible Contestant has won on a cell phone number, they cannot use another cell phone number in order to be contacted further. Eligible Contestants must enter using a phone number that is contactable during office hours i.e. 08h00 to 17h00, Monday to Friday, excluding Public Holidays.

  5. Number of entries:

    1. Eligible Contestants can enter as many times as they want during the promotional period, provided that each valid entry is accompanied by an independent proof of fuel/diesel purchase. Independent proof of fuel/diesel purchase must be obtained on the day, or day(s) prior to, which an entrant is selected as a winner to validate their entry.

    2. A winner may only win once during the promotional period.

    3. Only transactions that occurred during the promotional period will be validated. Transactions that fall outside the promotional period of 19 April 2021 at 00h01 and 31 May 2021 at 23h59 will be considered invalid.

    4. Multiple entries are permitted, however, each promotion entry must be for separate purchases of R250.00 or more (in a single purchase) on fuel/diesel and in accordance with entry requirements. Multiple entries of the same purchase will result in immediate disqualification.

    5. If any entry is/was made in a manner which, in the Promoter’s discretion, provides the participant with an unfair advantage over other entrants, such a Participant will be disqualified from this and all future Promotions run by the Promoter.

  6. Prizes:

    Eligible Contestants stand a chance to win one of the following prizes:

    PRIZE

    QUANTITY AVAILABLE DURING THE PROMOTION PERIOD

    Shoprite or Checkers Grocery Vouchers worth R5000.00 (Five Thousand Rand)

    This amount can be used to purchase any

    120 (One Hundred and Twenty) (equates to R600 000.00 (Six Hundred Thousand Rand)

    food/non-food/wine product in Shoprite or Checkers stores.

    LiquorShop and Medirite stores excluded from the competition

     
  7. Selection of a Winner:

    1. Winner(s) will be selected from the pool of valid entries of Eligible Contestants.

    2. Winner(s) of the R5000.00 (Five Thousand Rand) Checkers or Shoprite Grocery Vouchers will be randomly selected by means of an electronic random draw daily for the Duration of the Promotion.

    3. The draws will take into consideration all entries received on the day on which the last draw was conducted, up until the day before the next draw.

    4. Winner(s) will be contacted via telephone within 5 (Five) working days of the draw date, to verify their contact details. The organisers will endeavour to contact Winners post final prize selections.

    5. A potential prize Winner is not an actual Winner, until his/her status as an Eligible Contestant is confirmed, their entry submission is validated and his/her qualifying documents (including proof of the Fuel Transaction) are completed and submitted to the Promoter or someone nominated by the Promoter.

    6. The Winners will be required to provide a copy of his/her Drivers or Learners License as well as their proof of fuel purchase.

    7. If the Winner fails to provide requested documentation within 48 (Forty Eight) hours (2 days) from being requested to do so, the Winner will forfeit the prize and shall have no claim against the Promoter.

  8. Contacting of a Winner:

    1. The company nominated, (Known Associates (Pty) Ltd), by the Promoter will contact a potential prize Winner by telephone (“Telephone Call”) to the cell phone number used to enter the promotion by that potential prize Winner.

    2. Such contacted potential prize Winner, will then be required to provide proof of the Fuel Transaction, a copy of their ID, valid driver’s license/ temporary driver license and a Winners release form (which will be provided by the company nominated by the Promoter) within 48 (Forty Eight) hours from receiving the Telephone Call by the company nominated by the Promoter, failing or refusing to do so for any reason, the potential Winner will be deemed to have rejected the Prize and it shall revert to the Promoters.

    3. The Organisers will endeavour to contact a Winner once every day for 3 consecutive working days after their name is drawn and entry has been finalized and leave a voice message (if possible, to do so), in order to verify their details. However, if the Winner cannot be reached and does not return the call within 24 hours of the last voice message being left, on the third working day of attempting to contact a Winner, the prize will be forfeited and another Winner will be selected in accordance with the provisions of the Terms and Conditions hereto.

    4. Entrants’ and Winners’ personal information will be handled in accordance with clause 14 below.

  9. Validation of a Winner:

    1. The company nominated, (Known Associates (Pty) Ltd) by the Promoter will be responsible for all Winner validation.

  10. Winner Prize Redemption:

    1. The Promoter shall not be responsible for any delay in delivery of prizes via SMS.

    2. Prizes, or any unused portion thereof, are non-refundable, non-transferable or exchangeable and the Winner indemnifies the Promoter and its representatives against any harm in experiencing or using a prize.

    3. The prizes are valued up to what is listed above. The Promoter accepts no responsibility for any variation in the prizes’ value or the actual prize.

    4. The Checkers or Shoprite Grocery Vouchers will be sent to the potential prize Winners’ respective mobile number via SMS within 15 working days, once the verification process has been completed. The vouchers will be in a form of a code that will be sent via SMS by the Shoprite Group and will be redeemable at any Shoprite or Checkers store (LiquorShop and Medirite stores excluded). These vouchers will be valid until 31 July 2021 at 23h59.

  11. Forfeiture of the prize:

    1. Voucher codes will be sent via SMS. If the Winner provides their incorrect details and the SMS does not go through the customer will forfeit their prize. The Promoter and its promotional and advertising agents, merchandisers and organisers shall not be responsible for any decline of acceptance of prizes for any reason.

    2. The Winners will receive their vouchers via SMS from the Shoprite Group. SMS’s for the relevant week’s winners are sent each Monday within the promotional period. It takes up to 5 days for pending SMS’ to deliver or fail. If the recipient has not received the SMS in 5 days, the Shoprite Group will attempt to resend the SMS. If the delivery

      is unsuccessful, then the prize will be forfeited and will be allocated to a new Eligible Contestant that is selected in accordance with the provisions of the Terms. The Promoter and its promotional and advertising agents, merchandisers and organisers shall not be responsible for any decline of acceptance of prizes for any reason.

    3. The prizes may not be awarded (and entries disqualified) if entry procedures or these Terms and Conditions have not been adhered to or if the Promoter detects and/or suspects any irregularities or fraudulent practices.

  12. Limitation of Liability:

    1. If for any reason, this Promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion subject to any written directions under applicable legislation. The Promoter also reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

    2. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this Promotion.

    3. If required by the Minister of Trade and Industry, the National Consumer Commission or for whatever other reason, we will have the right to terminate this promotion with immediate effect and without notice of such termination. In such an event, all Entrants hereby waive any rights, which they may have against us and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against us.

    4. The Promoter reserves the right to delete any information uploaded by a participant which the Promoter, in its absolute discretion, believes is illegal, obscene, offensive

      or defamatory, or infringes the intellectual property rights of a third party, or is otherwise inappropriate for a campaign designed for mass audience entertainment.

    5. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the promotion and or prize/s except for any liability, which cannot be excluded by law. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this promotion, if the deficiency is occasioned by any cause outside the reasonable control of the Promoter, including without limitation, technical malfunctions or failures or warranties (including warranties and functionalities of the prizes).

    6. 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.

  13. Promoter’s Decision Final:

    1. The Promoter’s decisions on all issues regarding the promotion will be final, binding and no correspondence will be entered into. The Promoter also reserves the right to:

      1. correct any errors or omissions regarding the Promotion, including on any published material; or

      2. suspend or terminate the Promotion, on written notice at any time, and such cancellation or termination shall be deemed to have taken effect from the date of such notice.

    2. The Promoter’s decision to disqualify an entry is final and no correspondence will be entered into.

  14. Use of Personal Information:

    1. The Promoter collects personal information about entrants (including identification, contact and address information) in order to contact them about the promotion and where appropriate, verify their identity to award and deliver prizes. Personal information will be handled in accordance with the Promoter’s Privacy Statement available at https://www.caltex.com/za/privacy-statement.html and may be used for other purposes as set out in the Privacy Statement.

    2. Entrants who opt-in to receive future communications from The Promoter will also be contacted for future promotions and communication related to The Promoter.

  15. Publication of Winner(s):

    1. Eligible Contestants that are selected as Winners, consent to having their names published, subject to a right of refusal in the following media:

      1. on the Promoter’s website i.e. winwithcaltex.co.za

      2. via the Promoter’s Social Media platforms

  16. Further Participation by a Winner:

    1. The Promoter may, after a Winner has been publicly announced, request that such Winner agrees in writing or otherwise to endorse, promote and advertise the goods or services of the Promoter, at no cost or expense to the Winner subject to right of refusal. The Winner may also be required to take part in publicity campaigns for broadcasting or publishing purposes and hereby consent to having their photograph taken for all press releases and/or social media. Winners are entitled to decline the request to have their photograph taken and image used in promotional material and social media.

    2. Prize Winners, on acceptance of prizes, may be requested to be identified in publicity, broadcastings or publications with Promoter’s internal or external communications including social media. Upon winning, their names (first name, last initial and town of residence) may also be announced on the Caltex Facebook page. Winners that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise.

    3. Participants warrant that they have full rights to the content that they upload and that the use of the said material shall not constitute a breach of any third party’s copyright or other intellectual property rights.

    4. Participants agree that by uploading their “images” and comments, they grant permission to the Promoter to use the images, comments or any part thereof unless specifically refused/declined consent/permission, in any and all media for the Promoter’s business purposes, including promotional/marketing purposes with no consideration payable to the participants. Such permission is perpetual and irrevocable. Participants release and agree to hold harmless the Promoter and all acting with their authority from any liability for such use and from any other claims arising from such use.

    5. Social media sites include but are not limited to, Facebook, Twitter, Instagram, YouTube. Original content includes but is not limited to, any piece of written content, audio or visual video or sound clips, images, photographs.

    6. If participants include any personal information of third parties in content that they upload or other information provided to the Promoter for purposes of the Promotion, they must be legally permitted to provide such information and to grant the permission referred to in clause 14, in respect of such information. Each participant indemnifies the Promoter against any losses suffered or claims made against the Promoter as a result of the participant not being legally permitted to provide such information or grant the Promoter permission to use it.

    7. Content created for the promotion may not be in any way derogatory or harmful to any party; public, entrants or promoters. Such content shall be removed and the creator banned from the site. Content which is seen to do the following shall be removed from the site and the creator will be banned: content that is perceived to be spam, the collection of personal information, content that serves a commercial purpose or content that is deemed malicious. The Promoter reserves the right to remove any such content from the site without prior warning. The Promoter reserves the right to judge these pieces of content and will use their own discretion in determining whether or not they are outside the guidelines set out in these terms and conditions.

  17. Indemnification:

    1. All Eligible Contestants and Winners indemnify the Promoter, its directors, employees, contractors, advertising agencies, advisors, suppliers and agents against any risks, loss, claims or ownership arising from:

      1. the use or disposal of the prize including, but not limited to, accident, injury, harm, or loss;

      2. their participation in the Promotion, including any costs associated with such participation;

      3. any subsequent transfer or exchange of the prize; and/or any lawful cancellation or termination of the promotion or the correction of any errors or omissions within the Duration of the Promotion.

  18. Applicable Law and Jurisdiction:

    1. Independent registered auditors and/or attorneys will oversee this Promotion.

    2. The laws of South Africa apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of South Africa.

  19. Contact the Promoter: For any queries, do contact the Promoter’s Customer Service Centre via email zaservice@astronenergy.co.za or phone 086 030 0860 during operating hours: Monday to Friday, 07h00 to 17h00, excluding Public Holidays.

*Disclaimer: Information was correct at time of publishing but may be subject to change.