Yardley® Fave Shade Facebook and Instagram Digital Competition

1. This “Yardley Fave Shade” Facebook and Instagram Digital Competition (“Competition”) is organised and conducted by Indigo Brands (Pty) Ltd, a subsidiary of AVI Limited, including their affiliates, partners, associations and agents (“Promoter”).
2. This Competition will run from Sunday, 8 November 2020 to Monday, 30 November 2020.

3. Entries received after the stipulated closing date will not be considered.

WHO CAN ENTER?

4. Participants must be 18 (eighteen) years or older (if under 18 (eighteen) years old, you must be duly assisted by your legal guardian) and have a valid identity document or passport and reside in the Republic of South Africa during the period of the Competition, up to and including the dates of determination of the winners and prize redemption dates (“Participants”/”you”/”your”).
5. Participants may not enter or receive a prize if they are directors, members, partners, employees, agents of or consultants of the Promoter, their subsidiaries, holding companies, divisions and/or associated companies or of the advertising or promotion agencies or any other person who directly or indirectly controls or is controlled by the Promoter, or their spouses, life partners, immediate family members or business partners.
6. The Competition is not open for entry by or on behalf of a legal entity and Participants cannot use the account of a legal entity to enter the Competition. Entries must be submitted by the Participant themselves and not by a third party on the Participant’s behalf.
7. By entering this Competition, all Participants agree to be bound by these terms and conditions, which will be interpreted by the Promoter and the Promoter’s decision regarding any issue with the Competition will be final and binding and no correspondence will be entered into.

HOW TO ENTER

8. Entry into the Competition will be via the Yardley London SA Facebook page at Yardley London SA or the Yardley London SA Instagram page @yardleylondon_sa.
9. To enter Participants will need to –

• Find the lip filter on the Facebook or Instagram page; and
• Take and post a “selfie” on their own Facebook or Instagram feed wearing their favourite Intense Matte or Intense Rouge Yardley lipstick shade, using #YardleyFaveShade and @yardleylondon_sa;

10. For an extra entry Participants can share their “selfie” on their Story using #YardleyFaveShade and tag @yardleylondon_sa.
11. Entries must be relevant to the theme to be eligible to go into the draw.
12. The winners will be determined by a random draw.
13. Entries are unlimited on condition that each entry is unique.
14. Participants are required to have their own personal Facebook and Instagram accounts, as relevant to their entry.
15. Incomplete, irrelevant or incorrect entries will not be eligible to be considered.
16. Participants are responsible for their own costs of connecting to Facebook and Instagram and the internet. No responsibility is accepted for any entry that is not delivered, received or is delayed or damaged due to technical reasons or failure on the part of your service provider. Proof of sending is not proof of receipt.

PRIZES

17. The prize consists of 1 (one) Yardley Colour Cosmetic hamper valued at R1 000.00 (One Thousand Rand).
18. The hamper will contain Yardley Colour Cosmetic products in the discretion of the Promoter.
19. Prizes are non-transferable or redeemable for cash.
20. The prize may differ from that shown on the promotional material with regard to illustrations, images, colour and specifications and same shall be subject to availability and in the Promoter’s sole discretion to select same.
21. The Promoter reserves the right to substitute the prize for an alternative prize of equal or greater value should the prize promoted not be available for any reason.
22. The prize does not cover any other costs of the winner whatsoever.
23. The winner may collect the prize from the Promoter’s office, at 16 – 20 Evans Avenue, Epping 1, Cape Town. Alternatively the prize will be sent by courier with instructions to hand the prize only to the winner personally on presentation of an acceptable form of identification.

DETERMINATION OF WINNERS

29. The winner will be determined by a brand panel as soon as reasonably possible after the closing date of the Competition, which panel will choose the best submission in line with the Yardley brand positioning.
30. The potential winner will be contacted either telephonically, by direct message or email by the Promoter as soon as reasonably possible after the determination of the potential prize winner taking place.
31. The Promoter will make 2 (two) attempts to contact and notify selected the potential winner. If the selected potential winner does not respond to the notification by contacting the Promoter within 5 (five) days, or if after first being contacted by the Promoter, is not reachable, or the winner fails to provide the Promoter with the required information to hand over the prize, the potential winner will forfeit the prize and a replacement winner will be selected from remaining qualifying Participants. This process shall continue until a winner has been contacted and the prize awarded in terms of these terms and conditions.
32. Once the winner has been finally determined the Promoter will make an announcement on its Facebook and Instagram pages. The winner’s name will be announced in writing on Facebook and Instagram.
33. Participants must ensure that the settings on their Facebook and Instagram accounts allow for them to participate in the Competition and for the Promoter to see their posts. The Promoter will not be liable for any “hidden” posts or entries or any entries not received by the Promoter for any reason whatsoever. Only entries that are visible to the Promoter at the cut-off times will be considered.
    
34. The potential winner will be required to furnish the Promoter with their full name, identity number and answer questions as required in terms of the Consumer Protection Act. If the potential winner qualifies, the Promoter will arrange for delivery of the prize.
35. The Promoter reserves the right to draw alternative winners by a random draw overseen by independent auditors, if they reasonably believe, in their sole discretion: (a) that a potential winner is not eligible to win; (b) that a potential winner has contravened any of these terms and conditions; (c) that a potential winner has acted in a manner that is not in the spirit of the Competition; (d) that their conduct can be reasonably interpreted as scamming or circumventing the rules of the Competition; (e) that a potential winner acted fraudulently with regards to the Competition; (f) that it would be unlawful to award the prize; or (g) if a winner fails to accept the prize after 3 (three) attempts for any reason whatsoever, if after first being contacted by the Promoter, is not reachable, or fails to provide the Promoter with the required information. In this instance the potential winner will be disqualified and forfeit all potential prizes. The Promoter’s decision shall be final and no correspondence will be entered into.
36. The prize winner will be required to sign an acknowledgement of receipt of their prize, if applicable, and will be required to furnish the Promoter with their names and identity numbers in terms of the Consumer Protection Act.

RESTRICTIONS ON CONTENT OF COMMENT & IMAGE

31. The Promoter reserves the right to remove any comments and content uploaded should this be deemed unsuitable by the Promoter.  All content is published at the discretion of the Promoter.
32. Any comment or other material uploaded by users do not necessarily reflect the Promoter’s views or ideals. The Promoter does not warrant the accuracy of any statement made by Participants.
33. Comments and images that are uploaded must be original.
34. Participants participate at their own risk and take responsibility for all comments and images under their Facebook account and information provided.
35. The comment or image cannot violate the copyright or other rights of any third party.
36. The comment or image cannot include inappropriate, offensive, illegal or obscene material or gestures (e.g., hate speech or pornographic images).
37. The comment or image cannot disparage, reflect poorly upon or otherwise adversely affect the goodwill and/or reputation of the Promoter.
38. The comment or image must be relevant to the theme of the Competition.
39. Any comment or image determined by the Promoter in their sole discretion to be in violation of the preceding criteria will not be published or removed immediately, will be void and will not result in Competition entry.

GRANTING OF RIGHTS IN COMMENT & IMAGE

40. Participation in the Competition will require for example that your name, Instagram or Facebook account, and photo be displayed on Facebook and/or Instagram. SHOULD YOU NOT AGREE THERETO, DO NOT ATTEMPT TO ENTER THE COMPETITION. The winner has the right to decline permission to use their name or image in marketing material or participate in any marketing activity. Should the winner verbally or otherwise agree to it, the Promoter may publish the winner’s name and images on, including but not limited to, the Promoter’s Facebook and Instagram account or website, if applicable, without any liability to the Promoter or remuneration due to the winners.

41. The Participant grants to the Promoter the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the comment or image in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Participant. Participant further agrees, upon the Promoter’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights. 

PUBLICITY AND DATA PRIVACY

42. By entering, a Participant acknowledges that personal information about the Participant will be shared with the Promoter and their agents to the extent necessary to conduct the Competition and for prizes to be delivered to prize winners.
43. All personal information relating to the Participants will be used solely in accordance with South African consumer and data protection legislation.
44. Should the Participant have elected to receive marketing communication from the Promoter and other AVI brands, the Participant’s contact details will form part of the Promoter’s database and they will receive marketing communication on, including but not limited to, upcoming promotions, competitions and offers related to AVI brands. The Participant’s personal information will be shared with the AVI brands and their agents to the extent necessary to ensure they receive this communication either via email, or SMS, or for prizes to be delivered to prize winners for example. Should a Participant wish to remove their details from this database at any stage, please select the opt-out option made available to you or contact the Promoter’s consumer care line.
45. 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 Participant or the Promoter in terms of the Consumer Protection Act.

GENERAL

• Please note that the following terms require you to take on risk, limit the liability of the Promoter and indemnify the Promoter. Please read them carefully and contact the Promoter if you have any questions!

46. The Promoter reserves the right to extend, reasonably shorten, suspend the time period of the Competition or terminate the Competition whenever it should so choose for technical, commercial, or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within their sole discretion. The Competition, its prizes, and terms and conditions may be amended by the Promoter, at any time during the Competition, and will be applied and interpreted within their sole discretion. In such an event, all Participants waive any rights that they may have/purport to have in terms of this Competition, and acknowledge that they will have no recourse against the Promoter whatsoever.

47. All publicity and other materials will be the sole property of the Promoter.
48. The Competition is in no way affiliated with Facebook or Instagram. Participants confirm by their entry into the Competition that Instagram and/or Facebook are not the promoters of this Competition, it is in no way sponsored, endorsed or administered by or associated with Instagram and/or Facebook and they fully release Instagram and/or Facebook from any liability in connection with this Competition. Any questions, comments or complaints regarding the Competition are to be directed to the Promoter.

49. The Promoter is not responsible for –

• entries that are lost, late, illegible/garbled, corrupted, misdirected, defective, inaccessible, compromised, incomplete, damaged or delayed and all such entries are void and will not result in Competition entry;

• any entry that is not delivered, received or is delayed or damaged due to technical reasons or failure on the part of your service provider. Proof of sending is not proof of receipt. Participants are responsible for their own costs of connecting to Instagram and/or Facebook accounts.

51. To the fullest extent permitted by law, by participating, the Participant indemnifies, releases and agrees to hold harmless the Promoter, their associated, holding and subsidiary companies, and its directors, officers, agents, representatives, shareholders, employees, successors and assigns from any and all claims or liability arising from participating in the Competition, any Competition-related activity and/or acceptance, receipt, possession or use/misuse of any prize. 
52. To the extent permitted by law, the Promoter will not be liable in any way whatsoever, for any claims arising from loss, injury, damage or costs, suffered by a Participant in relation to this Competition or the prizes offered, including but not limited to claims relating to defects in the prizes or any losses caused by such defects or losses arising from incorrect or inaccurate information supplied by Participants.

53. The Promoter will not be liable for any loss suffered as a result of incomplete or incorrect information provided.

54. South African law shall govern these competition terms and conditions and the courts of South Africa shall have exclusive jurisdiction.
55. By entering this Competition Participants agree to the aforementioned terms and conditions. A copy of the terms and conditions for this Competition is available from yardley.co.za.
56. The Promoter is Indigo Brands (Pty) Ltd of 16 – 20 Evans Avenue, Epping 1, Cape Town, telephone 0860 INDIGO (463446), indigobrands.com.