Terms and conditions of the (Philips Sweepstakes) promotion

1. This Promotion is offered to you by Philips South Africa (“the Promoter”).

2. Promotional Period: The Promotion commences on the 15 July 2024 ends on 30 December 2024 (“Promotional Period”). Participants must enter the Promotion between these dates to participate in the Promotion.

3. Terms and Conditions: These Terms and Conditions (Terms), together with the Philips Privacy Policy which is incorporated by reference into these Terms (and is available at http://www.philips.com/privacypolicy) contain the entire understanding and agreement between the Promoter and participants in the promotion in relation to the Philips Sweepstakes (the Promotion). By signing up to the Promotion as detailed in these Terms, the Participant is deemed to have accepted these Terms and the Philips Privacy Policy.

4. Acceptance of the Terms: The mere participation in the Promotion implies the total and unrestricted acceptance and knowledge of these Terms, as well as the decisions that the Promoter may subsequently adopt in relation to any point or issue not foreseen in the same. Participants that do not adhere to the rules or specifications may be disqualified at the sole discretion of the Promoter. If a Participant uses fraudulent methods or otherwise attempts to circumvent the rules, the Participant may be disqualified at the sole discretion of the Promoter. The Promoter reserves the right, at any time, to verify the validity of entries and Participants (including a Participant identity, age and place of residence) and to disqualify any Participant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

5. Qualifying Participants:

In order to qualify as a Participant in this Promotion, Participants must:

5.1 be South African resident;
5.2 be in possession of a valid Identity document (“ID”); and
5.3 Be 18 (eighteen) years and older.

Participants who do not satisfy the above criteria will be considered to be automatically disqualified. Participants must enter the Promotion in their own name. Multiple entries are strictly prohibited and each Participant may only enter the Promotion one (1) time; therefore receive only one opportunity to obtain the prize. Further entries by the Participant will be deemed invalid. In no case will the participation of the under 18 years of age be admitted.

6. Exclusions: Entry is not open to any director, member, partner, employee, agent of, consultant to or anyone affiliated to Promoter via any direct/indirect affiliation, and such prohibition extends to any spouse, life partner, parent, child, brother, sister, business partner of associate of such persons listed herein. The employees of the Promoter, their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each, are not eligible to participate in the Promotion. The Promotion is subject to all applicable laws and regulations of South Africa. By entering this Promotion, each Participant represents and warrants that he/she meets the eligibility requirements in these Terms.

7. Mechanics of the Promotion: The participation in the Promotion is without any obligation to purchase products or contract any service, given that the subscription to Facebook® and Instagram is free. Participants will be considered as "Potential Winners" until they complete all the requirements set forth in these Terms.

How to enter and participation mechanics: To enter, a Participant must, during the Promotional Period: 1. Will reach specific set of audience segments on Facebook and Instagram with a message triggering them subscribe to the Philips newsletter and will stand a chance to win a specific giveaway listed in clause 8 below by filling out their first name, last name, email address and location). The Facebook or Instagram subscription will qualify as an entry into the Promotion and the entry form will be sent by the Promoter on Facebook or Instagram to possible Participants targeted for the purposes of the Promotion. 2. Submit the fully completed Facebook or Instagram subscription form.

Any attempt or method of participation in the Promotion that is carried out by any process, technical or mechanical participation other than the one detailed in these Terms is prohibited and will be null and void.

8. Prizes: The awards program of the Promotion is an opportunity to win one of 3 philips product products (hereinafter, the "Prize"):

a) Philips Hairdryer BHD510
b) Philips heated straightening Brush BHH880
c) Philips Multigrooom MG3710

The Prize will not be transferable to third parties or redeemable for cash or for any other Prize than the one assigned, except in the event that the Prize is not available, in which case the Promoter may exchange it for another of similar characteristics and/or value.

No Prize may be exchanged or marketed, and may not be claimed by any other people other than the winning Participant. The Prize does not include any other benefit, goods or service not listed in these Terms, and cannot be exchanged for its equivalent in money or other good or service, nor be transferred to third parties.

By entering the Promotion, Participants are required to opt-in to the Philips email program, whereby Participants may, from time to time, receive emails from Philips on promotions, products and surveys. The Participant may, after validly entering the Promotion, opt out at any time by clicking the opt-out button on any email correspondence from Philips.

9. Draw details: The draw will be a random selection, from all valid entries received during the Promotional Period. The Winner will be selected at random by way of an audited draw conducted by the Promoter or person appointed by the Promoter. The judges’ decision is final and no correspondence will be entered into.

10. Allocation requirements: The Potential Winner will be notified via email and on a Facebook or Instagram public post (where we mention the Facebook ID / Nickname of the Winner) and will be informed that within forty-eight (48) hours from which they have been informed of this condition. They must respond to the message by providing the following information: name, surname, ID, full address, email electronic and telephone contact so that the Promoter can complete the process of the Prize delivery (usually through a third party delivery company with an office in South Africa).

The Promoter shall have no liability for a Winner's failure to receive any notification under this Clause (10) due to Winner’s security settings or for the Winner’s non-functioning or incorrectly entered email account or profile (as the case may be).

In the event that the potentially favored Participant in the first place does not comply with the assignment requirements, the Promoter will communicate with the alternate Participants by the same form indicated above. The lack of response in the time and manner indicated and/or the lack of identity accreditation will lose the Potential Winner the right to the final assignment of the corresponding Prize.

The Prize will not be considered as assigned until the Potential Winner complies with all the allocation requirements set forth in the Terms. Once the aforementioned requirements have been accredited, the Potential Winner will become the definitive winner (hereinafter, the "Winner").

All not assigned Prizes will remain in the Promoter’s possession.

If the Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, to the maximum extent permitted by law, it reserves the right to offer a third party retailer’s voucher code or a substitute prize of equal value to the original Prize, subject to any directions from a regulatory authority.

11. Responsibility and Indemnities: The Promoter will not be responsible for the damages that could suffer the Participants or third parties, in their persons or goods, with reason or in occasion of the participation in the Promotion and/or with reason or in occasion of the withdrawal of the Prizes and/or use thereof.

12. Linked Sites: The platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Participant’s convenience only and the Participant agrees to access, use and otherwise deal with Linked Sites at their own risk.

13. Rights Granted: By entering this Promotion, each Participant acknowledges and agrees that the Promoter, anyone acting on behalf of the Promoter, or their respective licensees, successors and assigns will have the right, to the maximum extent permitted by law, to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, the Participant’s entry, including, without limitation, the entry and Winner's name, for trade, advertising, public relations and promotional purposes without compensation to the Participant in accordance with these Terms (including the Philips Privacy Policy).

14. Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and SnapChat. If a Participant uses social media to participate in the Promotion, the Participant understands that they are providing their information to the Promoter and not to any social media platform. Participants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Participant releases Instagram and Facebook, or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with the Promotion.

15. Privacy: These Terms and the Philips Privacy Policy found on (http://www.philips.com/privacypolicy) applies to all personal information (“PI”) that the entrants provide to Promoter for the purpose of participating in the Promotion. The Participants also agree that Promoter may contact them by any means about the Promotion. By entering this Promotion, entrants authorise Phillips and its subsidiaries, affiliates, agents or suppliers to collect, store and use, personal information of entrants for communication or statistical purposes. The Promoter collects PI in order to conduct the Promotion and may, for this purpose, access them free of charge, unless a legitimate interest is accredited to that effect and / or disclose PI to third parties, including but not limited to agents, contractors, service providers and refund suppliers. Entry into the Promotion is conditional on providing the personal information required in Clause 4. By opting-in to Clause 4, Participants acknowledge and agree that they consent to the PI contained in their entry being entered into a database of Philips South Africa LLC and/or its affiliate companies and this information may be used in any media, for future promotional, marketing, publicity, research and profiling purposes including sending electronic messages or telephoning the Participant, without any further reference or payment or other compensation to the Participant. Participants can opt-out of receiving this communication at any time by clicking the unsubscribe link in the relevant communication. All PI of the Participant will be stored by the Promoter and/or its affiliate companies and is subject to the Promoter’s Privacy Policy. A request to access, update or correct any PI can be made via thePromoter’s Privacy Policy website (available at http://www.philips.com/privacypolicy). All claims to access, update or correct any PI becomes the property of the Promoter. The Promoter may disclose PI overseas at its sole discretion.

16. Rights of the Promoter: The Promoterreserves the right, in its sole discretion to cancel, terminate, modify or suspend the Promotion should (in its sole discretion) a virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, the Promoter may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Promoter, subject to the requirements of any authority. The Promoter reserves the right at its sole discretion to disqualify any Participant who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Terms.

The Promoter has the right, in its sole discretion, so as to maintain the integrity of the Promotion, to void entries for breaching these Terms, including multiple entries from the same user from different IP addresses, multiple entries from the same computer in excess of that allowed by these Terms.
Despite anything to the contrary, to the maximum extent permitted by law, the Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or online form to be received by the Promoter on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to a Participant or any other person's computer related to or resulting from participation or downloading any materials in connection with this Promotion. Any technical failures that lead to any promotional Promotion entry being invalid or not received will not be the Promoter’s liability, and the Promoter cannot be held responsible for technical errors.

The Promoter has the right to take any of the actions mentioned in this Clause without generating any right to compensation one in favor of the Participants provided that such actions are justified or do not harm the Participants and they are duly communicated to them through the Facebook/Instagram account of the Promoter.

Any costs incurred by a Participant associated with participating in the Promotion, including accessing the Promoter’s website or telephone enquiries in relation to the Promotion, are the sole responsibility of the Participant, and in no case shall Participants be entitled to claim compensation of any kind and/or reimbursement of expenses incurred due to their participation in the Promotion.

17. Limitation of Liability

Except to the fullest extent permitted by relevant laws, the Promoter shall not be liable for:

a) loss of business, profits, revenue, anticipated savings, (even where the same arise directly from a breach of these Terms);
b) special, indirect or consequential losses, even if foreseeable by or in the contemplation of the Promoter; or
c) any claim made against entrants by any other person.
d) Except as expressly stated herein all conditions and warranties, implied statutory or otherwise, are hereby excluded to the maximum extent permitted by law.

18. Jurisdiction and Applicable Law: These Terms shall be interpreted in accordance with the laws of South Africa. The courts of South Africa shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the Promotion or its subject matter and the Parties submit to the jurisdiction of the courts of South Africa.

19. Entire Agreement: These Terms represent the entire agreement between the Promoter and any Participant (including the Winners) and supersede any prior agreement, understanding or arrangement between the Promoter and any Participant (including the Winners), whether oral or in writing.

20. Contact Us

For any remarks in relation to the Promotion, please send an email to: [email protected] For more information on Philips please see our website www.philips.co.za