Golden Cloud Terms and Conditions
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INFORMATION PURPOSES ONLY
This website is only intended to provide general information regarding Golden Cloud and its products and services. It is not intended to provide exhaustive treatment of any subject dealt with and Golden Cloud expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without notice. Accordingly, the information in this website is not intended to constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action, which might affect your personal finances or business, you should consult a qualified professional advisor. This website could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein and these changes will be incorporated in new editions of this website. Golden Cloud may make improvements and/or changes to this website at any time.
LINKS TO THIRD PARTY SITES
Hyperlinks or other external computer links may be provided for your convenience, but they are beyond the control of Golden Cloud and no representation or endorsement is made as to their content. Use of or reliance on any hyperlinks or other external computer links that may be provided is at your own risk.
This website and the information contained thereon or referenced thereby is provided "as is" and Golden Cloud makes no express or implied warranties, representations, statements or guarantees (whether express, implied in law or residual) with regard thereto. Without limiting the generality of the aforementioned:
• Golden Cloud does not warrant that the website or information will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. Golden Cloud expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and
• whilst Golden Cloud has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of your system in any manner whatsoever.
RISK & LIMITATION OF LIABILITY
Your use of this website and the information contained therein is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. Neither Golden Cloud, its affiliated companies, holding company, subsidiaries or subsidiaries of its holding company, or their respective shareholders, agents, directors, consultants or employees will be liable for any damages whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to the access and use of or reliance upon any information, links or service provided through this website, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise. You hereby indemnify Golden Cloud and waive any rights you may have or obtain against Golden Cloud in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by such you and/or third party as a result of or which may be attributable directly or indirectly to any of the aforesaid. Without limiting the generality of the a-foregoing Golden Cloud shall not be responsible for and disclaims all liability for any loss, expense or damage of whatever nature incurred or sustained by you or any third party, due to:
• any failure and/or unavailability of the website for any reason whatsoever and/or the failure/delay by any third party service provider to render any services which are necessary to ensure the availability and proper functioning of the website; and
• your use of or reliance on any information offered on or via the website.
Golden Cloud reserves its rights to amend the content of the website, at any time and without any notice. These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with these terms or any matter related to or in connection therewith.
TERMS & CONDITIONS FOR THE EXPRESSO GOLDEN BAKER SEARCH - FESTIVE COMPETITION 2022
1.1. Expresso is a television programme that broadcasts on SABC 3 every weekday between 06h00 and 09h00.
1.2. The Expresso Golden Baker Search – Festive Edition competition (“Competition”) will feature 5 (five) selected contestants (“Contenders”) who will compete in baking challenges on a date within the week commencing 15 January 2023, that will be televised as part and parcel of Expresso. If that date changes for any reason, contestants will be advised of the date change at least 5 days prior
1.3. The Competition will be conducted by Cardova Trading (Pty) Ltd (“Producers”) and Tiger Consumer Brands Limited (collectively “the Organisers/we/us/our”).
1.4. The winner will receive a prize as more fully detailed in clause 6 below.
1.5. Each person entering the Competition (entrants/you/your) and/or accepting a prize in terms of this Competition agrees and accepts that the Competition rules as set out in these terms and conditions are binding on him/her. A copy of these terms and conditions will be available on www.expressoshow.com.
2. Who can apply
2.1. In order to be considered as a Contender for the Competition, you must comply with the following criteria: -
2.1.1. You must be a permanent legal resident of the Republic of South Africa (“South Africa”);
2.1.2. You must be at least 16 (sixteen) years of age at the date of entry of the Competition.
2.1.3. If you are younger than the age of 18, you must be assisted by your parent or legal guardian who consents to you entering this Competition and your possible acceptance and/or use of the prize/s herein;
2.2. Notwithstanding clause 2.1, you are not eligible to enter this Competition if:
2.2.1. you are a director, member, partner, employee, agent or consultant of the organisers of the Competition, or any other person who directly or indirectly controls or is controlled by the Organisers;
2.2.2. you are an immediate family member of any of the persons specified in clause 2.2.1; or
2.2.3. you are a supplier of goods or services in connection with the Competition.
3. How to enter
3.1. Entries will be received via any one of the following platforms: through the Competition posts that will be posted on the official Expresso Facebook page [Expresso Morning Show – SABC 3] and/or the official Expresso Twitter page [@expressoshow], and/or via WhatsApp on 079 378 9769 or on Instagram (“Entry Platforms”), between 6 November to 20 December 2023 (“Entry Period”). Notwithstanding the aforesaid, the Entry Period may be amended by the Organisers at its sole discretion without further notice.
3.2. To enter, you must: -
3.2.1. make your own bake which must include a Golden Cloud product and a Beacon product;
3.2.2. then take a picture of your bake and include the packaging of the Golden Cloud and Beacon products, which were used in your bake, on the picture (“your Picture”);
3.2.3. then enter by sharing your Picture on any one of the Entry Platforms, with a description of your bake and include the hashtag #GoldenBakerSearch2023 on the post with your Picture and tell us why you should be a Contender (“Entry”).
3.3. You may enter as many times as you like, provided each Entry is unique (i.e. an image of a different bake made by you).
3.4. No automated entries will be allowed. Entries must be made manually by a natural person.
3.5. If your entry is submitted in a manner that in the sole discretion of the Organisers will provide you with an unfair advantage over other entrants, you will be disqualified from the Competition.
3.6. You are required to attend to the cost for your Entry, including standard internet costs.
4. How Contenders will be selected and further participation
4.1. The Organisers will in their sole and unfettered discretion select 1x entrants from all valid entries received during each of the following periods:
4.1.1. 6 November to 09h00 on 22 November 2023
4.1.2. 09h01 on 22 November to 09h00 on 29 November 2023
4.1.3. 09h01 on 29 November to 09h00 on 6 December 2023
4.1.4. 09h01 on 6 December to 09h00 on 13 December 2023
4.1.5. 09h01 on 13 December to 09h00 on 20 December 2022
4.2. A total of 5x entrants will be determined as the Contenders in accordance with 4.1 and 4.2 above.
4.3. Contenders will be announced one at a time, every Friday from 24 November 2023 until 22 December 2023.
4.4. The challenge will be at the Expresso studios in Cape Town on a date to be determined within the week commencing 15 January 2024. Should a Contender for any reason not be able to attend the baking challenge on the date and time that will be determined at the sole discretion of the Organisers, that Contender will be deemed to have forfeited his/her opportunity to participate further and shall have no claim against the Organisers, in which case the Organisers shall have the right to select a different Contender.
4.5. The Organisers will provide for reasonable travel for the Contenders to participate further in the Competition, which travel will be arranged and booked by the Organisers at its sole discretion.
4.6. Organisers will in their sole discretion determine one Contender as the winner of the Competition (“Winner”), one Contender as the runner-up of the Competition (1st Runner-up) and one Contender as the second runner-up of the Competition (2nd Runner-up). The Winner, the 1st Runner-up and the 2nd Runner-up will be announced on Expresso on a date to be determined by the Organisers after the conclusion of the Competition.
5.1. The Winner will receive a cash prize of R50 000 and a Delonghi machine valued at R17 999
5.2. The 1st Runner-up will receive a cash prize of R10 000 and a Delonghi machine valued at R7000
5.3. The 2nd Runner-up will receive a cash prize of R5 000 and a Delonghi machine valued at R7000
5.4. The 4th and 5th contestants will also walk away with a Delonghi machine valued at R7000
5.5. Notwithstanding the above, the Organisers reserves the right to replace the abovementioned prizes with prizes of equal commercial value at its sole and unfettered discretion.
5.6. Prizes may not be exchanged for cash nor any other item.
5.7. Prizes will be delivered to all contestants within 30 (thirty) days of receiving the correct delivery details and/or confirmation of bank account of the Winners and runners-up. Delivery addresses must be within South Africa and the selected bank account must be for a South African bank account.
6. By submitting your Entry, you warrant/acknowledge/agree/submit that: -
6.1. If selected as a Contender herein,
6.1.1. you will take all reasonable steps to be available to participate in the Competition, without restriction, on the date and time determined by the Organisers during the week commencing 15 January 2023;
6.1.2. you will be required to sign a filming release form in terms of which the Organisers will be granted certain rights with respect to the use of material submitted and produced that include your appearance on television and or online platforms. Your participation as a Contender will be subject to you signing the said release form.
6.1.3. You may be invited to be phoned live on the Expresso show when you are announced as a Contender.
6.2. You acknowledge that the Competition and related activities (e.g., behind the scenes/profile shoots/Entries) may be televised as part and parcel of Expresso and/or as otherwise distributed by the Organisers. You hereby irrevocably assign to the Producers the entire copyright and all other rights of whatsoever nature in and to your participation in the Competition and Expresso, whether now in existence or arising in the future, including without limitation, the material submitted on your Entry, your performance and/or any comments ascribed to you, during your participation in the Competition and/or Expresso and any inclusion of your photographs, likeness, profile, name, voice, sound effect, caricature, literary, artistic and musical materials and the like for purposes of Expresso and/or any related publicity, research and marketing, which the Producers accept. You irrevocably authorise the Producers to use, edit, juxtapose, broadcast, re-broadcast, publish or communicate to the public your appearance/performance/participation and exploit and license others to use and exploit such contributions, in the whole or in part, by all means and by all media, manner and formats whether now known or hereafter invented throughout the world and in perpetuity without remuneration or royalties in connection with Expresso or on its own.
6.3. Without limiting the generality of the above, you specifically consent to your entry (including the images submitted therewith) being used on Tiger Brands’ and/or the Producers’ online platforms.
6.4. You are able to provide any such documents, or other proof, that may be requested by the Organisers to substantiate that you comply with all conditions of Entry.
6.5. The Competition is sponsored by Tiger Consumer Brands Limited (“Tiger Brands”) and, if selected as a Contender, you agree to make use of Tiger Brands’ products as and when required during your participation.
6.6. Should the Organisers decide not to proceed with the Competition, for any reason whatsoever, the Organisers may in its sole discretion elect to terminate this Entry without any liability to you.
7.1. Any reference to the organisers includes the directors, members, partners, agents or consultants of the organisers, where the context allows for it.
7.2. We reserve the right to amend these terms and conditions should it be deemed necessary in our sole and unfettered discretion.
7.3. The Organisers' decision regarding any matter concerning the Competition and/or arising out of these terms and conditions, including the determination of the Contenders and Winners, is final and no correspondence will be entered into.
7.4. Where relevant, if a Winner does not accept the Prize as required herein, if an entry is not valid for whatever reason, if a Winner has breached these terms and conditions, if a Winner renounces the Prize or we deem such Winner to have renounced the Prize, we reserve the right to declare the Prize forfeited and/or choose a new Winner.
7.5. Nothing in these terms and conditions 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 entrants or the organisers in terms of the Consumer Protection Act, 68 of 2008.
7.6. By entering this Competition, you:
7.6.1. confirm that you understand and agree to the processing of your personal information in accordance with our Privacy Notice and for the purposes of this Competition;
7.6.2. confirm that you have voluntarily provided your information for use by the Organisers, their agents and service providers running this Competition in conjunction with the Organisers;
7.6.3. authorise the collection, processing and storing of the information for all purposes related to and required for the facilitation of your participation in the Competition, which includes but is not limited to electronic and telephonic
communications, marketing and statistical purposes and as otherwise set out in our Privacy Notice;
7.6.4. consent to the Organisers using your name, images and or voice, for purposes of announcing the Contenders and Winners and related publicity purposes, in any form of media and without additional compensation, notification or permission.
7.7. By posting any content, images, or comments on any of the organiser’s public and/or social media platform or by sending any such content to the Organisers, a Entrant consents to and gives the organisers a world-wide royalty free licence to reproduce, modify, adapt and publish such content, images or comments for the purposes of promoting the Organiser’s products and/or services.
7.8. By entering the Competition, the Entrant unconditionally and irrevocably indemnifies and holds harmless the organisers, as well as its holding company, its subsidiaries and any subsidiaries of its holding company, and their successors and assigns, directors, employees, agents or consultants against all and any losses, claims, proceeding, actions, damages, (direct, consequential or otherwise) liability, demands, expenses, legal costs (on an attorney and own client basis) howsoever arising out of, based upon, or in connection with (directly or indirectly) the Entrant’s participation in the Competition and or use of the Prizes.
7.9. The Organisers shall not be liable to the entrant for any indirect, special and/or consequential damages, in whatsoever form and howsoever arising (including any loss of profits and/or revenue), unless arising from the gross negligence of the Organisers.
7.10. The Organisers and its service providers, are not responsible for:
7.10.1. incorrect and inaccurate transcription of entry information;
7.10.2. technical malfunction;
7.10.3. inappropriate images and comments posted by the entry or by the public;
7.10.4. lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network or computer equipment or software; and/or
7.10.5. the inability to access any website or online services or any other error.
7.11. If required by the Minister of Trade and Industry, the National Consumer Commission or for whatever other reason, we will have the right to modify or terminate this Competition with immediate effect and without notice of such modification or termination. In such event, all entrants hereby waive any rights, which they may have against us and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against us.
7.12. The Competition is in no way sponsored, endorsed or administered by Facebook or Twitter and any correspondence related to the Competition should be directed at us and not Facebook or Twitter.
7.13. We may require the Entrant to:
7.13.1. to provide his/her name, identity number and cell number to enable us to verify the entry;
7.13.2. Where the entry includes the submission of any work eligible for copyright in terms of the Copyright Act No. 98 of 1978, conclude an agreement of assignment whereby any rights which the Entrant may have in respect of such works are transferred to us.
7.14. We reserve the right to disqualify any entrant suspected of fraud or cheating including without limitations, through the manipulation of code or otherwise falsifying data.
7.15. Should any dispute arise in relation to these Terms and Conditions, the organiser’s decision shall be final and no correspondence shall be entered into.
7.16. For more information or a copy of these Terms and Conditions, please visit www.expressoshow.com/competitions. Any Competition related queries may be emailed to firstname.lastname@example.org from Monday to Friday, 8:30am to 5:00pm