TERMS AND CONDITIONS OF USE
By accessing any pages of this website, the person accessing this website (hereinafter referred to as the accessor) agrees to abide by and remain bound by the Terms and Conditions, and to accept any disclaimer, as recorded herein below:
1. COPYRIGHT
1.1 The contents of this Website, including but not limited to its compilation and arrangement, is the exclusive property of The BIG Thirty, alternatively the suppliers of content to The BIG Thirty, and accordingly remain protected by South African and International Copyright and Trademark laws.
1.2 Any person accessing this Website may not, save for downloading one copy for their personal computers and solely for their private and non-commercial use:
1.2.1 Copy, disseminate, distribute, advertise, publish, adapt, modify or in any way reproduce the contents of this website for commercial purposes, unless this notice and any disclaimer attached thereto is published in its entirety, or unless the permission of The BIG Thirty is obtained in writing.
2. LINKS AND SERVICES
During the course of operating this website, the accessor may come across or access other interrelated Internet websites. Such links are established for the accessor’s convenience only. The BIG Thirty shall be exempt from any liability in respect of the accessor’s use of such interrelated websites. The individual terms and conditions shall bind the accessor for the use of such interrelated website.
3. RULES OF CONDUCT
The BIG Thirty may from time to time establish bulletin boards, discussion forums, chat rooms and the like. Accessors utilizing such forums will be bound by the following conditions:
3.1 The BIG Thirty reserves the right to edit, delete, or review any submissions which it views defamatory, abusive, illegal, unconstitutional or contrary to the interests of The BIG Thirty.
3.2 The accessor shall not be entitled to submit illegal or unconstitutional material.
3.3 The accessor shall not submit material for the purposes of “spamming”.
3.4 The accessor shall not submit material which is or may be classified as being indecent, vulgar, defamatory, abusive, profane, and pornographic or which may be information constituting a criminal offence and / or may incur civil liability in terms of South African Law.
3.5 The accessor warrants that the submission of any material does not constitute the infringement of copyright, trademark or any other intellectual property right of any other person, alternatively that he/she has obtained the permission of such other person, company or entity to submit such material.
3.6 The accessor will not submit any material to The BIG Thirty website, which contains harmful material or a virus of any nature.
3.7 The accessor will not submit any material with purpose of utilizing the The BIG Thirty website for commercial purposes, or which may contain marketing or promotional material, or which intends to solicit donations on or through the The BIG Thirty website.
4. INDEMNITY AND DISCLAIMER
4.1 The accessor utilizing The BIG Thirty website does so entirely at his/her own risk and entirely on an “As Is” basis.
4.2 The BIG Thirty does not warrant, nor does it make any representations, express or implied, as to the veracity, correctness or accuracy of any information, data, services, products, material, logo’s, text or graphics appearing on this website.
4.3 The BIG Thirty makes no warranties and/or representations express or implied, as to the contents of this website, nor the operation of this website.
4.4 The BIG Thirty does not warrant nor does it make any representations for the proper performance of this website, the accuracy of the images, timeliness or completeness of information or that the website will be free of harmful material and viruses.
4.5 The accessor accordingly indemnifies The BIG Thirty against all and any damages (be it special, consequential, punitive, direct or indirect), loss, and actions and any consequent costs incurred or awarded, whether arising out of any criminal or civil action against the accessor, and irrespective of whether such action is based on contract, negligence, delict or any other cause of action, arising from but not limited to:
4.5.1 Any or all failure, delay or interruption of the website; or
4.5.2 The use of this website; or
4.5.3 The information or contents contained in this website; or
4.5.4 Any products, services and the like obtained from this website.
5. AGREEMENT AS TO USE
5.1 By using and/or accessing the contents of this website the accessor accepts the terms and conditions hereof which are binding on the accessor.
5.2 Should the accessor violate any of the terms and conditions contained herein, The BIG Thirty reserves the right to institute the appropriate legal proceedings against the accessor.
GENERAL RULES FOR COMPETITIONS:
6. DEFINITIONS
6.1 “Competition” means any promotion, prize draw, giveaway or competition operated by The BIG Thirty, including but not limited to those Competitions operated by The BIG Thirty on behalf of its sponsors or any radio station or website owned or controlled (directly or indirectly) by The BIG Thirty from time to time;
6.2 “The BIG Thirty” means The BIG Thirty, an online radio program owned by Frank Botha.
6.3 “Personal Information” means personal information as defined in POPIA;
6.4. “POPIA” means the Protection of Personal Information Act 4 of 2013;
6.5 “Process”/ “Processing” has the same meaning assigned thereto in POPIA;
6.6 “Rules” means these terms and conditions, including specific terms and conditions, rules or entry instructions published on The BIG Thirty website or in any media which features a competition.
6.7 “you”, “your” means the person who has entered into a Competition.
7. INTRODUCTION
7.1 You must take time to read these Rules carefully and make sure you understand the Rules before entering any Competition. You must pay special attention to all text in bold.
7.2 These Rules shall be binding on you when you enter any Competition.
7.3 You do not have to pay anything or buy anything to be able to participate in any Competition. If your entry is posted or sent using the internet, you will have to pay the reasonable costs of posting the entry form or of transmitting it. This cost will not be more than the normal fee you will pay to your service provider or for using the internet.
7.4 Incomplete, incorrect or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
7.5 The BIG Thirty reserves the right, in its reasonable discretion, to add to, amend, or waive any of the Rules on reasonable notice to you, including but not limited to extending or reducing the duration of a Competition, and giving clues.
8. ELIGIBILITY TO ENTER COMPETITIONS
8.1 In order to qualify as an entrant, you must –
8.1.1 be a resident of South Africa and in possession of a valid identity document;
8.1.2 be at least 18 years old, or if not, assisted by a parent or legal guardian; and
8.1.3 provide correct and full personal details when entering the Competition.
8.2 Automated entries or syndicated entries are prohibited, and any use of such devices or schemes will cause disqualification of all such entries.
The BIG Thirty, its distributors, retailers, advertising and promotional agencies, directors, partners, employees, agents, consultants, subcontractors, and their respective spouses, life partners, business partners or immediate family member are not eligible to participate in any Competition.
8.3 Unless otherwise stated –
8.3.1 only one entry per person will be permitted. Multiple entries from one person will cause disqualification;
8.3.2 entries are limited to one entry per e-mail address, IP address, telephone number or household. In all competitions, contestants will be randomly selected. This is generated using an online portal which randomises the pool of entries.
8.4 The BIG Thirty reserves the right at its sole discretion to disqualify any individual who tampers with the entry process or who provides false information.
8.5 A person may not win more than one prize within a three-month period following the first win, nor shall any member of such person’s family residing at the same address be entitled to a prize within a three-month period following the first win. The BIG Thirty reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this Rule is subsequently discovered.
8.6 Finalists/ winners/ contestants will be precluded from entering the same competition on an online radio show where that competition is simultaneously or will be broadcast.
9. HEALTH AND SAFETY
9.1 By entering a Competition, you confirm and warrant that, to the best of your knowledge and belief, your general state of health is good and you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the Competition. You confirm that you are not taking any medication at present and will not take any medication during the Competition which may be affected by your participation in the Competition.
9.2 You must take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Competition or the Prize. Any behaviour or act or conduct by you which The BIG Thirty considers to pose any medical, security or safety risk (including without limitation any abusive behaviour, whether physical or psychological) will lead to your immediate disqualification.
9.3 You must notify The BIG Thirty of any medical or other condition which may mean that you are unfit for travel or participation in the Competition as soon as you become aware of such a condition. The BIG Thirty reserves the right to forfeit your place on the Competition or the prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
9.4 You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of The BIG Thirty and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
9.5 You agree to comply with all directions of The BIG Thirty or The BIG Thirty’s representatives in respect of health and safety. Failure to do so may lead to immediate disqualification or immediate withdrawal of the prize at The BIG Thirty’s sole discretion.
10. PRIZES
10.1 The decision of the judge or presenter of each Competition will be final in all matters relating to a Competition. Once the prize has been handed over in terms of these Rules, the results of the Competition are final in all respects and no correspondence or negotiation will be allowed.
10.2 The BIG Thirty will be entitled to interview you, request proof of entry, verification of identity and of address, as well as verification of vocal identity by means of in-studio recording in the case of an on-air entry. If you refuse to provide any of these details or participate in or answer all questions raised in any interview without good reason then your place in the Competition will be treated as invalidated and the prize may be withdrawn.
10.3 The BIG Thirty will use all reasonable endeavours to notify prize winners via email and subsequently telephonically within twenty–eight (28) days from the end date of the Competition. If a selected winner does not answer his/her landline and/or mobile phone, The BIG Thirty will leave a message on the prize winner’s landline or mobile phone (if possible). The BIG Thirty undertakes to try at least three (3) times on three (3) consecutive days to notify the prize winners. If The BIG Thirty cannot get hold of a prize winner telephonically or cannot leave a message telephonically, The BIG Thirty will send a notice to the contact details (i.e. via sms, e-mail or post) provided by the entrant.
10.4 Prizes must be claimed within sixty (60) days after The BIG Thirty has notified the prize winner. If prize winners do not collect their prizes within sixty (60) days after having been notified as set out above, The BIG Thirty will have the right to do with the prize whatever The BIG Thirty may deem to be reasonably fair.
10.5 If The BIG Thirty cannot continue with the Competition for any reason beyond its reasonable control, including errors in printing, production, distribution or errors made on air, or if it is required by applicable laws, The BIG Thirty may end the Competition on condition that –
10.5.1 no prize winners have been determined; and
10.5.2 reasonable notice has been given beforehand to all entrants.
10.6 If the Competition is ended as set out above, no entrant will have any claim of any nature whatsoever against The BIG Thirty, unless The BIG Thirty has been acted with gross negligence or fraudulent intent.
10.7 The prize awarded in any Competition –
10.7.1 cannot be transferred and will only be handed over if all details given are factually correct;
10.7.2 will not be exchanged for cash amounts or for any prize other than the prize offered in that Competition;
10.7.3 may be replaced by another prize of the same commercial value if the original prize is not available for any reason beyond The BIG Thirty’s reasonable control.
10.8 No prizes will be transported and/or delivered to the prize winner’s place of residence, and The BIG Thirty will not be liable for any travel, transport, accommodation, or any other costs when the prize is handed over or received.
11. TICKET GIVEAWAYS
In the case of prizes in the form of free tickets, ticket holders shall be bound by and comply with the event promoter’s Terms and Conditions together with those set out on the ticket and the rules and regulations of the venue.
12. DISQUALIFICATION OF ENTRIES AND CANCELLATION OF THE COMPETITION
12.1 You acknowledge that the interests and good reputation of The BIG Thirty and The BIG Thirty may, at its reasonable discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes it is in the best interests of The BIG Thirty (or its sponsors) to do so.
12.2 The BIG Thirty reserves the right to immediately withdraw your place on the Competition or the prize if it believes you to be in breach of any of your obligations, or representations and warranties, under the Rules or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of The BIG Thirty). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
12.3 In the event of disqualification, The BIG Thirty reserves the right to select another entrant to take part in the Competition.
13. CONFIDENTIALITY
13.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any Personal Information relating to The BIG Thirty, its business, personnel, servants, agents or officers to anyone.
13.2 You may not publicise your involvement in the Competition or the fact that you have won a prize without the prior written permission of The BIG Thirty.
14. PUBLICITY
14.1 When prize winners accept their prize, they may choose not to be identified and may refuse to have their photograph taken and published in printed media or to appear on radio and television.
14.1 If the prize winner has given his/her written consent, The BIG Thirty has the right to publish the winner’s name and photographs (at no fee) in any media, including advertising, promotional, print, point-of-sale or public relations material. The nature of these publications will be determined at the sole discretion of The BIG Thirty.
14.2 You shall not without the specific prior written consent of The BIG Thirty publish or disclose any information in connection with the Competition or the prize (in particular, without limitation, to a representative of the media, in whatever form). You shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the prize with any third party. All rights in relation to the Competition and your involvement therein shall vest exclusively with The BIG Thirty.
5. INDEMNITY AND EXCLUSION OF LIABILITY
15.1 To the extent legally permissible and unless The BIG Thirty acted with gross negligence or fraudulent intent –
15.1.1 The BIG Thirty assumes no liability whatsoever for any direct or indirect loss or damage arising from, in connection with or as a result of your participation in the Competition;
15.1.2 The BIG Thirty will not be liable in the event of incorrect or late entries or telephone or SMS text message entries not received as a result of network incompatibility, technical faults, or otherwise;
15.1.3 you indemnify The BIG Thirty against any claims of any nature arising from, in connection with or as a result of your participation, in any way whatsoever, in the Competition;
15.1.4 The BIG Thirty is not liable for any delay, nullification, change or substitution, or partial or total inability to execute any of part or the whole of the Competition due to force majeure, war, acts of terrorism, accident, fire, flood or any other natural disaster, strike or any other political crisis.
15.2 Should The BIG Thirty or its agents become aware of any fraud, dishonesty, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might (in The BIG Thirty’s opinion, which shall be final) have an adverse effect on the Competition, The BIG Thirty, reserves the right in its discretion (without notice to you and/or without giving reasons) to (i) forfeit your place on the Competition; or (ii) withdraw the prize(s).
15.3 It is agreed and accepted by you that The BIG Thirty shall have no liability whatsoever in respect of Competitions operated by third parties and featured on air or on our web and social media sites. The relevant third party will be responsible for the fulfillment of the Competition. The BIG Thirty accepts no responsibility for the acts or omissions of such third parties.
15.4 You agree to indemnify The BIG Thirty and its employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by The BIG Thirty arising as a result of a breach by you of your obligations under the Rules or in any way in connection your failure to follow The BIG Thirty’s reasonable instructions with regard to your entry into the Competition or accepting the prize.
15.5 In the case of on-line Competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by The BIG Thirty may be accessed by third parties. The BIG Thirty accepts no liability for loss resulting from your entry to an online Competition.
