Nestlé Data Enrichment and Incentive Survey 2023
1. Introduction
1.1. Participation in this Survey is governed by these terms and conditions (the “Rules”).
1.2. You, as the participant, are encouraged to review the Rules before entering into the Survey and acknowledge that you have been given an appropriate opportunity to do so and that they understand and accept these Rules.
1.3. This survey is operated by Nestlé (South Africa) (Proprietary) Limited (“Nestlé”) in conjunction with Jupicorp (Pty) Ltd t/a TMARC (together referred to as the “Promoters”).
1.4. Your participation in the Survey constitutes acceptance of these Rules and you agree to abide by these Rules.
By participating in this Survey, Participants agree to the rules set out below.
2. This Survey is limited to legal residents and/or legal citizens of South Africa. In addition, the following people shall not be eligible to participate in this Survey:
2.1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of Nestlé and the Promoters.
2.2. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.
2.3. People who are not legal residents and/or legal citizens of the Republic of South Africa.
2.4. Persons under the age of 18 years.
3. The Survey will commence on 22nd November 2023 and will end on 30 December 2023. No entries received after 30 December 2023 will be considered.
4. Mechanic
4.1. 1 million opted-in participants will be randomly selected from the existing set of Nestlé consumers to participate in the survey.
4.2. Each participant will receive an SMS introducing the survey along with a link that each recipient can click on in order to access the survey. The link will be www.mynestle.co.za.
4.3. Participants who choose to access the survey via the above-mentioned link will be required to provide the following detail;
4.3.1. A response to the Nestlé opt-in
4.3.2. An e-mail address
4.3.3. A date of birth
4.4. Participants who complete the survey will stand a chance to win a share of R500,000.00 (Five Hundred Thousand Rand) in Shoprite Vouchers. Each voucher will be worth R50.00 (Fifty-Rand), resulting in a total of 10,000 (Ten Thousand) vouchers to be won.
4.5. Participants may enter the survey as many times as they wish over the period, however only the 1st per unique mobile number will be considered in terms of rewards.
4.5.1. No computer-based entries will be accepted
4.5.2. Only 1 potential win per unique MSISDN
4.6. Selected participants will be sent the SMS via the mobile phone which they used to enter the Nestle consumer database. This SMS will contain the link to participate in the survey.
4.7. The cellphone number is key to all entries, if the entrant has won on a cellphone number they cannot use another number in order to be contacted further, this number needs to be a number that is contactable as it will be the mobile number to which any rewards are sent.
5. The Prizes:
Participants in this Survey stand a chance to win:
Daily Prizes:
5.1. A share of R500,000.00 (Five Hundred Thousand) worth of Shoprite Vouchers. Each vouchers awarded will be worth a total of R50.00 (Fifty Rand).
5.2. Prizes will be awarded by a random draw and the vouchers will be sent instantly to the selected winners. Prizes are awarded on a chance to win basis.
6. Claiming your Prize
6.1. All vouchers are digital in nature and will be sent to the mobile handset that has been determined as the legitimate device of entry.
6.2. All vouchers are valid for a period of 3yrs and can be redeemed at any Shoprite retail outlet in the Republic of South Africa.
7. Promotional Material and Marketing Activities
7.1. The Promoters may require the winners (at no fee) to be identified, photographed and the photograph or related article published in printed media, or to appear on radio and television, when accepting their prizes and/or after receiving their prize.
7.2. Should this become necessary, the winners may be required to sign a letter of consent and the Promoters shall have the right to use any photographs of any of the winners in perpetuity.
7.3. The winners have a right to decline the invitation to use their image in marketing material or to participate in any marketing activity.
8. General
8.1. The judges’ decision is final, and no correspondence will be entered into.
8.2. The Promoters may require the winner to complete and submit an information disclosure agreement to enable the Promoters to ensure compliance with these Rules.
8.3. Should the winner be found, in the Promoters sole discretion: not to be eligible to win; not to have complied with these Rules; their conduct can be reasonably interpreted as scamming; acted fraudulently with regards to the Survey; and if it would be unlawful to award the prize, he/she will automatically be disqualified and/or the prize will be forfeited. Winners may also be required to sign acceptance of prizes and indemnity documents.
8.4. A Participant, potential prize winner and/or prize winner may, at the Promoters’ sole discretion, be disqualified from the Survey and/or forfeit his/her prize if: (i) such person’s participation in the Survey and/or the awarding of a prize to such participant would, as solely determined by the Promoter(s), be harmful to the goodwill and/or reputation of any of the Promoter(s); or (ii) such person engages in any unsafe, illegal, unsociable or inappropriate behaviour.
8.5. The prize is not transferable, and no substitution or cash redemption of prizes is permitted. The prize will not be handed/awarded to a third party, but only to the verified prize winner.
8.6. The Promoters reserve the right, at their sole discretion, to substitute the prize with any other prize of comparable or greater commercial value for whatever reason.
8.7. By entering, a Participant acknowledges that personal information about the Participant will be shared with the Promoters and their agents to the extent necessary to conduct the Survey and for prizes to be delivered to prize winners.
8.8. In terms of the data protection laws and Nestlé’s Privacy Notice, Nestlé and/or the Promoters will have to process the following personal information receive directly from you and belonging to you: name; address; email; cell phone or telephone contact details; and certain preferences about you (where and if applicable). Your personal information will be shared on a need to know basis with certain third parties, for the purposes of giving effect to this Survey, including lawyers, advertising agencies, auditors, and/or regulators. Whilst we hold your personal information, we will keep it safe and secure until the purpose for holding it has come to an end, whereafter it will be destroyed, and you accept that by entering into this Survey that you agree that we may process your personal information as indicated above.
8.9. For more details on how we may deal with your personal information please see our standard Privacy Notice on our website - https://www.nestle-esar.com/info/yourdata. For any questions or clarifications regarding the processing of your personal information, you may contact us by emailing [email protected] or Dial + 27 86 009 6116.
8.10. By entering this Survey, you authorize the Promoters to process the personal information of Participants for communication or statistical purposes. Any personal data submitted by you will be used solely in accordance with current Republic of South Africa data protection legislation and Nestlé’s privacy policy.
8.11. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall at all times be entitled to decline the above request. Participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of the Promoters.
8.12. Nothing in these Rules 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 Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 (the “Act”).
8.13. All Participants participate entirely at their own risk. By reading and accepting these Rules, the Participants give consent to these risks and hereby indemnifies and holds harmless the Promoters, 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 Survey 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 of the Promoters.
8.14. The Promoters, their directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participants, or accept any liability for: (a) any inability by the Participant to use the prize in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize.
8.15. The Promoters, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than the Promoters themselves.
8.16. The Promoters reserve the right to terminate or extend the Survey at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Survey and acknowledge that they will have no recourse against the Promoters, their advertising agencies, advisors, suppliers and nominated agents.
8.17. By entering the Survey, Participants acknowledge that the Survey will be managed in accordance with the provisions of the CPA. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize.
8.18. Notwithstanding anything to the contrary contained in these Rules, the Promoters reserve the right to amend, modify, change, postpone suspend or cancel this Survey, the Rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which the Promoters deem necessary. At the end of the Survey for whatsoever reason, all of the Promoters’ obligations in regard to the Survey as well as in regard to the prizes shall cease to exist.
8.19. These Rules shall be governed by and interpreted according to the laws of the Republic of South Africa and any Participant and Nestlé consent to the non-exclusive jurisdiction of the High Court of South Africa.
8.20. For further information or enquiries please email our consumer services at [email protected] or call us on +27 86 009 6116/+27 11 514 6116.