Terms and Conditions

1. DEFINITIONS:

    1.1 The “Promoter” is Ciovita (Pty) Ltd of 199 Albert Road, Woodstock, Cape Town.

    1.2 “Disqualified participants” include:

    1.2.1 All Promoter employees, all employees of participating sponsors or promoters and/or advertising agencies and their immediate families;

    1.2.2 Any person under the age of 18 years; and

    1.2.3 Any person that is not a South African citizen or holder of a valid temporary or permanent South African residency permit.

    1.3 “Immediate family” includes spouses, grandparents, parents, children and grandchildren whether by marriage, past marriages, remarriage, adoption, co-habitation or any other family extension.

    2. GENERAL

      2.1 These competition rules (“the Rules”) apply to all the Promoter’s competitions (collectively “the Competition”) conducted by means of print press, radio, television, interactive media, telephone, internet, social networking platforms and smartphone applications.

      2.2 The Competition ends at midnight on Friday 28 August 2020 and the Winner will be announced Thursday 3 September 2020, the Promoter reserves the right to alter the period of the Competition at any point over its duration.

      2.3 Rules and/or terms specific to a competition takes precedence in the event of inconsistency with the Rules.

      2.4 Competitions are conducted independently of each other. You can therefore enter multiple Promotor competitions at one time.

      2.5 Participation in a competition is unless specifically stated to the contrary limited to 1 (one) item/prize per person for the duration of the Competition, irrespective of whether there are daily draws during the Competition.

      2.5 Entry into a competition is deemed to be acceptance of the Rules and confirmation that the participant has the necessary authority to enter the Competition.

      2.6 Disqualified persons may not participate in/enter the Competition and will not be entitled to a refund or return of Goods purchased based on this disqualification provision.

      2.7 The Promoter reserves the right to, on reasonable grounds, exclude any person from participating in the Competition and reserves the right not to award any prize to a participant who the Promoter, in his sole discretion, decides has violated the Rules, gained unfair advantage in participating in the Competition or won using fraudulent means.

      2.8 By participating, participants grant the Promoter exclusive permission to use their names, characters, photographs, voices and likeness in connection with the Competition and for future promotions, competitions and marketing purposes and waive any claim to royalty, right or remuneration for such use.

      2.9 Participants acknowledge and agree that the Promoter will automatically record the Participant’s personal details, inclusive of email address and mobile phone number. All personal details must therefore be correct, valid and up to date. The Participant acknowledges and consents that the Promoter may collect, store and use his/her personal information for communication and statistical purposes. The Promoter will not disclose any personal information collected by it to third parties unless compelled by law to do so, but may be entitled to reflect participant names and surnames for the purposes of announcing prize winners.

      2.10 Unless stated to the contrary in specific rules or terms, the Promoter confirms that the Competition is not sponsored, endorsed, administered by or associated with any social networking site and the participant acknowledges and agrees that any information provided when participating in the Competition is provided to the Promoter and not to a social networking site.

      2.11 Where the Competition involves sending of SMS messages or requires data connectivity by the participant, the cost thereof will be for the sole account and responsibility of the participant.

      3. WINNING THE PRIZE

        3.1 Only the participant who initially entered the Competition can be awarded the promotional item/prize (“the Winner”).

        3.2 The Winner will be determined through a random draw and the decision of the Promoter, who shall for this purpose be deemed the Judge, will be final and no correspondence will be entered into.

        3.3 The Winner will be notified by email and SMS/ phone call as to when and where the prize can be collected / will be delivered. The Winner may be required to be available for publicity related to the Competition as may be required by the Promoter. The Promoter may in addition also announce the Winner via printed press, postings on its social networking pages, smartphone application, social networking media and on its website.

        3.4 No substitution, cash redemption or assignment of a promotional item/prize by the Winner is allowed. The Promoter, in its sole discretion, reserves the right to substitute promotional items/prizes with comparable or greater value.

        3.5 Promotion item/prizes includes accommodation and food but does not include transport or flights. Transport is the Winner's responsibility and is to be taken into consideration when entering the Competition.

        3.6 Proper identification (identity document or passport) is required where the Winner is required to claim the promotional item/prize in person.

        3.7 The Winner takes the promotional item/prize entirely at his/her own risk and indemnifies the Promoter; including its employees, trustees, agents, consultants or any of its representatives in respect of any claim for any accident, injury, property damage or loss of life that may be sustained or arise directly or indirectly pursuant to the Competition or about the promotional item/prize. This indemnity includes all claims based on publicity rights, defamation and/or invasion of privacy.

        4. PROMOTER RESPONSIBILITY AND RIGHTS

          4.1 The Promoter reserves the right to amend, vary, extend or discontinue the Competition at any stage in the event of any unforeseen circumstances outside their reasonable control; technical or other difficulties that might compromise its integrity.

          4.2 The Promoter takes no responsibility for any participant’s inability to enter, complete, continue or conclude the Competition due to equipment or technical malfunction, internet connectivity, inadvertent disconnection, SMS messages, emails or social media platform messages with a misspelt keyword, sms messages to incorrect numbers, emails to incorrect email addresses, tweets to incorrect Twitter handle, messages to incorrect Instagram handles, Acts of God or otherwise.

          4.3 For help or enquiries please email: info@ciovita.com or call: 021 461 3931, Mondays to Fridays between 09:00 – 17:00, excluding South African Public Holidays.

          5. PROTECTION OF PERSONAL INFORMATION PR

            5.1 Ciovita (Pty) Ltd will not disclose your information to a person who is not in its employee or an authorized agent of Ciovita (Pty) Ltd without your permission, unless Ciovita (Pty) Ltd is compelled by law or in terms of a court order to do so, or it is in the public interest to do so, or it is necessary to protect Ciovita (Pty) Ltd rights and ensure the integrity and operation of Ciovita (Pty) Ltd business and systems. The information Ciovita (Pty) Ltd access and disclose; if required or deemed necessary and appropriate, includes without limitation, Account information (i.e. name, e-mail address, etc.), your purchasing and usage history.

            5.2 Ciovita (Pty) Ltd will on its own initiative or at your request rectify or erase any incomplete, inaccurate or outdated personal information retained by it. You expressly agree that Ciovita (Pty) Ltd may use your information and information regarding your purchasing and usage history to create and further refine our online and multimedia platforms and the products we offer for sale. You furthermore agree that Ciovita (Pty) Ltd may create aggregate information from your use of our online and multimedia platforms by removing personal identifiable information, such as names, and to use and disclose such aggregate information in its discretion.

            5.3 Ciovita (Pty) Ltd shall take all reasonable steps to protect your personal information. For this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013 (POPI).

            5.4. Ciovita (Pty) Ltd may electronically collect, store and use your following personal information:

            • demographic and biometric information,
            • correspondences transmitted,
            • location information
            • name and surname;
            • birth date;
            • gender; and
            • contact details, including email address and mobile numbers;

            5.5 The above-mentioned information may be used by Ciovita (Pty) Ltd for the following purposes:

            • to greet you when you contact us;
            • to compile non-personal statistical information about you; and
            • subject to your consent, inform you about, product offerings, competitions and special offers by Ciovita (Pty) Ltd, its holding entity and affiliates relating to electronic nicotine delivery systems

            5.6 Ciovita (Pty) Ltd owns and retains all rights to non-personal statistical information collected and compiled by it.

            5.7 You consent to receiving communications electronically and agree that all agreements, notices, disclosures and other communications sent as such satisfies any legal requirements, including but not limited, to the requirement that such communication should be “in writing”.