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RH Hotels and Management

RH Hotels & Management (Pty) Ltd Winter Warmer Competition Terms & Conditions

NOTICE | Sponsors | Eligibility Criteria | Entry Date | Choice of WinnersAnnouncing of and Notifications to Winners | PrizeDisqualification | Limitation of Liability | Conditions | Right to Cancel or Suspend Competition | Data Privacy | Third Party Links | Electronic Communications and Communications | General | Legal Compliance and Anti-Bribery

NOTICE:

All persons ("participants") entering the RH Hotels & Management (Pty) Ltd Winter Warmers Competition ("the competition"), agree that the competition rules as set out in these terms and conditions are binding on them.

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

  • limit the risk or liability of the sponsors or a third party; and/or
  • create risk or liability for the participant; and/or
  • compel the entrant to indemnify the sponsors or a third party; and/or
  • serve as an acknowledgement, by the participant, of a fact.

The participant’s attention is drawn to these terms and conditions because they are important and should be carefully noted.

The participant 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 the competition and the he/she understands and agrees to the terms and conditions.

All participants to this promotional competition participate entirely at their own risk. By reading and accepting these terms and conditions, the participant gives consent to these risks and hereby indemnifies and holds harmless the sponsors; 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 willful misconduct of any indemnified party.

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Sponsors

The sponsors are the participating hotels.

By submitting an entry, each participant agrees to the Terms & Conditions, and warrants that their entry complies with all requirements in the Terms & Conditions.

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Eligibility Criteria

In order to qualify as a participant for this competition, participants and their entries must meet all of the following criteria:

  • The participant must be a resident (with a valid residence permit) of South Africa.
  • The participant must be 18 years or older by 01 May 2018.
  • The participant must provide correct and full personal details as required.
  • The participant must have
    • Made a booking on behalf of themselves, their company or a client staying between 01 June and 31 August 2018 at a participating hotel, OR
    • Stayed at a participating hotel between 01 June and 31 August 2018, AND
    • Be in possession of a valid reservation number
  • The sponsors, their directors, members, partners, employees, agents or consultants, the suppliers of goods or services in connection with this 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 competition.
  • The participant's hotel bill must have been settled in full by 31 August 2018, or in accordance with the participant's specific credit terms with the participating hotels.
  • The reservation may only have been made via the following booking channels:
    • Online, through an official IHG Brand Website (www.ihg.com, www.holidayinn.com, www.hiexpress.com, etc)
    • Directly with one of the participating hotels, via phone, e-mail, fax
    • Via a registered travel agent
    • Via the Global Distribution System (GDS)
  • The booking does not qualify if it is booked as a complimentary stay, on a Friends & Family Rate, a Priority Club/IHG Rewards night or Travel Agent rate.

Entries shall be void if they are illegible, incomplete, damaged, irregular, produced in error or obtained through fraud or theft.

To enter the competition the participant may require internet connectivity and appropriate telecommunication links. The sponsors shall not be liable for any telephone costs, telecommunication costs or other costs that the participant may incur and such costs incurred by the participant shall not be regarded as consideration to be paid by or on behalf of the participant to enter the competition.

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Participating Hotels

The participating hotels for this competition are:

  • Holiday Inn Express Cape Town-City Centre
  • Holiday Inn Express Sandton-Woodmead
  • Holiday Inn Express Pretoria-Sunnypark
  • Holiday Inn Express Durban-Umhlanga
  • Holiday Inn Johannesburg-Rosebank

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Entry Date

The start date of the competition is 01 June 2018 and the closing date of the competition is 31 August 2018. To be eligible, all entries must be received within this period.

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Choice of Winners

Winners will be randomly selected using a random number generator.

Winners cannot exchange prizes for cash.

Winners will be required to arrange their own travel arrangements, including but not limited to any transport costs, and any other necessary costs in relation to the use of the prizes and such costs shall not be regarded as consideration for the prize whether the winner uses any such services provided by an affiliate or subsidiary of the sponsors.

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Announcing of and Notification to Winners

The winner’s name will be announced by 10 September 2018 at www.rhhotels.co.za.

Winners will be notified in writing by email and/or by phone. The information provided by the participant during submission, will be used to contact the winner.

All taxes, fees and surcharges (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or does/do not respond within 10 (ten) days to a winner notification as required above, or refuses the prize, the prize will be forfeited and the sponsors, in their sole discretion, may choose to award the prize to another participant.

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Prizes

The prizes:

  1. First Prize - R20,000 Cash
  2. Second Prize - R5,000 Cash
  3. Third Prize - R2,500 Cash.
  4. Fourth Prize - R2,500 Cash

The prize or any part thereof is not transferable and may not be deferred, changed or exchanged for cash or any other item.

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Dispute

In the event of a dispute regarding any submission, the authorized account holder of the email address used to enter will be deemed to be the participant. The ‘authorized account holder’ is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.

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Disqualification

The sponsors reserve the right to disqualify any entry that they believe in their sole discretion:

  • Promotes the use of drugs or alcohol
  • Promotes any company, product or service other than the sponsors'
  • Mocks or disparages any religion, person, place or company
  • Contains inappropriate, threatening, false, misleading, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, provocative, pornographic, sexually explicit or profane content
  • Contains or promotes any illegal activity
  • Does not adhere to the spirit of the competition

and whether or not such content is explicit or implied.

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Limitation of Liability

By entering this contest, all participants agree to release, discharge, and hold harmless the sponsors and their affiliates, advertising agencies and their employees from any claims, losses, and damages arising out of their participation in this competition or any competition-related activities and the acceptance and use, misuse, or possession of the prize or any part thereof awarded hereunder.

The sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of competition entries.

The sponsors are not responsible and shall not be held liable for any problems with or technical malfunctions of any telephone network or lines, servers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to the participant's or any other persons' computers related to or resulting from the participation and/or uploading or downloading of any materials related to this competition.

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Conditions

This competition shall be subject, to and governed by, the laws of South Africa and is subject to the exclusive jurisdiction of the South African courts.

By entering the competition in accordance with its terms, you 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 you win a prize in the competition, you undertake to expeditiously do all things necessary to enable the sponsors 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.

The decisions of the sponsors are final and binding with respect to all matters relating to the competition and no correspondence will be entered into.

The sponsors may use the winner's name and/or photograph in any publicity or advertising relating to the competition or future promotions with the winner’s prior approval which approval shall not be unreasonably witheld.

The sponsors reserve the right to verify the validity of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Rules or who tampers with the entry process. Failure by the sponsors to enforce any of their rights at any stage does not constitute a waiver of those rights.

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Right to Cancel or Suspend Competition

The sponsors reserve the right to terminate the competition at any time. In the event of such termination, the participant agrees to waive any rights that he/she may have in terms of the competition and acknowledges that they will have no recourse against the sponsors, their advertising agencies, advisors, suppliers and nominated agents.

If for any reason the competition is not capable of running as planned, due to infection by a computer virus, bugs, worms, trojan horses, denial-of-service attacks, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the sponsors that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the competition, the sponsors reserves the right, within their sole discretion to terminate, modify, or suspend the competition.  If the competition is terminated the sponsors may, in their sole discretion, determine the winner from among all non-suspect, eligible entries received up to the time of such action. The sponsors reserve the right to seek damages and other remedies (including attorneys’ fees) from any person responsible for or in control of or complicit in any act or omission which jeopardizes the competition or is intended to jeopardize the competition, to the fullest extent permitted by law.

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Data Privacy

The participant agrees that personal data, especially names and addresses, may be processed, shared, and otherwise used for the purposes and within the context of the competition and any other purposes outlined in these Terms and Conditions. The data may also be used by the sponsors in order to verify the participant’s identity, postal address, and telephone number or to otherwise verify the participant’s eligibility to participate in the competition. Participants have the right to access, review, rectify, or cancel any personal data held by the sponsors by writing to marketing@rhhotels.co.za. Personal data will be used by the sponsors and their affiliates exclusively for the purposes stated herein. Information collected from the participant is subject to the Sponsor’s Privacy Statement which may be accessed on http://www.ichotelsgroup.com/ihg/hotels/gb/en/global/customer_care/privacy_statement.

The participant acknowledges that any information disclosed in the course of the entry to and operation of this competition is being provided to the sponsors (and/or their affiliates and/or service providers and/or suppliers).

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Third Party Links

The competition website may provide links to other websites or resources. The participant acknowledges and agrees that the sponsors are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. If the participant decides to access any of the third party websites linked to the competition website, the participant does so entirely at their own risk. Please be aware that these other websites may have different security and privacy policies and the sponsors have no control over and take no responsibility for any information submitted to/by these other websites.

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Electronic Communications and Communications

When the participant enters the competition the participant will be communicating with the sponsors electronically. The participant consents to receive electronic communications from the sponsors.

The form of communication will include but will not be limited to posting notices on the competition website, electronic mail, mobile communications (SMS), telephone calls and mail.

The participant agrees that all agreements, notices, disclosures and other communications that the sponsors provide to the participant electronically satisfy any legal requirement that such communications be in writing.

The sponsors may need to contact the participant for various reasons associated with the competition, even where the participant has indicated he/she does not wish to be contacted for direct marketing purposes, and accordingly may communicate with the participant in some of the following circumstances:

  • after registration of entry into the competition confirming receipt of entry into the competition;
  • to request and/or confirm the participant’s personal details or other information;
  • to send the participant information he/she has requested;

However, in terms of any marketing or promotional emails the sponsors may send, the sponsors will give the participant the chance to opt-out or unsubscribe from them in the future.

The reference to “sponsors” in this clause shall mean and include the sponsors' affiliates, service providers, suppliers, agents, employees, partners and the like.

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General

No other terms: Except as expressly stated in these Terms and Conditions, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

Assignment: The participant may not assign or delegate or otherwise deal with all or any of his/her rights or obligations arising out of his/her participation in the competition. The sponsors shall have the right to assign or otherwise delegate all or any of its rights or obligations herein.

Force majeure: The sponsors are not be liable for any breach of its obligations under this these Terms and Conditions where it is hindered or prevented from carrying out any of its obligations, by any cause outside its control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, explosion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions shall not be affected.

Headings: are inserted for reference purposes only and do not bear upon the interpretation of any clause.

Words
: relating to natural persons shall mean and include associations or persons having corporate status by Statute or common law, and close corporations, and vice versa where the context permits or desires;

Words
: referring to any gender shall include the other gender and the neuter gender. He shall include she and it, and vice versa;

Words
: referring to the singular shall include the plural as the context dictates and vice versa.

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Legal Compliance and Anti-Bribery

Participation in the competition is void when prohibited by law (including, for the avoidance of doubt, United Kingdom and United States anti-bribery laws which apply internationally and the South African Prevention and Combating of Corrupt Activities Act) and is subject to any other applicable laws and regulations.

Some employers, by policy, may prohibit or restrict employee participation in the competition and the sponsors assumes no responsibility or liability for compliance with such policies. Participants are responsible for complying with any applicable terms and conditions of their employment, their employer's internal policies and procedures or any other rules or regulations to which they are subject.

All participants require prior approval of their employer. Participants are responsible for obtaining such prior approval and by accepting these terms and conditions during the online entry process, participants are confirming that their employer has consented to their participation in the competition. In addition, any participants who are a travel agent or an employee of a travel agent, shall disclose his/her participation in the competition when booking at participating hotels for and on behalf of his or her clients. The sponsors may require the employer’s approval or travel agents’ disclosure to clients in writing to be produced for verification upon demand at any time as a condition of entering the competition and the sponsors reserve the right to disqualify any participant who cannot produce such written approval or disclosure. Participants agree to indemnify and hold harmless the sponsors and its affiliates from any liability, costs and damages relating to the claims of any third party arising from a failure of a participant to obtain prior approval of their employer to participate in the competition.

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