Last updated: 12.07.2023
1. The Prize Draw. This prize draw (the “Prize Draw”) is being promoted by ClearScore (Pty) Limited a company incorporated and registered in accordance with the laws of South Africa under registration number 2017/063916/07 whose registered address is at Central Office Park No 4, 257 Jean Avenue, Centurion, 0157 (“ClearScore”)
2. The Prize Draw is accessible via ClearScore’s marketing emails and posts on social media.
3. Terms. These terms and conditions (“Terms”) are the terms and conditions that apply to the Prize Draw.
4. Accepting Terms. By entering the Prize Draw, an Eligible User is deemed to have read and accepted these Terms. Any infringement of these Terms by an Eligible User constitutes a serious breach entitling ClearScore to terminate a user’s participation or entry.
5. Prize. Each ClearScore user will be presented with the chance to win R2000 (the “Prize”). There are ten (10) Prizes to be won with a maximum of 1 Prize per ClearScore user. The Prize shall be used in accordance with the “Takealot Gift Vouchers and Coupons T&Cs” available at: https://www.takealot.com/help/promotional-codes-tcs, and any other applicable set of rules and/or terms and conditions made available from time to time by ClearScore and/or Takealot Online (Pty) (“Takealot”)Ltd in connection with the Prize.
6. Prize Draw Period. This Prize Draw is available between 08h00 on the dates of 08/07/2023 to 31/08/2023 at 23h59 in South Africa Standard Time
7. Eligibility. To be eligible for the Prize, each user must:
- be a permanent resident of South Africa;
- be 18 years old or older as of the start of the Prize Draw Period;
- have a valid and active ClearScore account; and
- download the latest version of the ClearScore mobile application ("ClearScore App") and
- log into his/her account at least twice.
(an “Eligible User”)
7.1 It will be the sole decision of ClearScore as to whether any eligibility requirement has or has not been met and may require evidence or confirmation of certain information from entrants before awarding prizes.
7.2 Contractors, employees and/or workers of ClearScore or any of its affiliates or their respective immediate family members are not eligible to enter into this Prize Draw.
Entry and Participation Requirements
8.1 Entry Procedure. To enter the Prize Draw, Eligible Users must either (i) click the ‘download the app’ button in the relevant ClearScore promotional email; or (ii) click the promotion’s link available via ClearScore’s advertisements on social media.
8.2 Deficient Entries. ClearScore reserves the right to reject any entries that are incomplete, not as per required specifications, incomprehensible, or otherwise deficient. ClearScore also reserves the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory, fraudulent, or which it considers to be otherwise harmful to the goodwill and reputation of its brand and the Prize Draw, including entries received as a product of a scheme or method which undermines the goodwill, regular and fair nature of the Prize Draw (based on its sole discretion). ClearScore accepts no responsibility for any late, lost, or misdirected entries, including but not limited to, texts, calls, online submissions, or emails not received due to technical disruptions, network congestion, or any other reason.
8.3 Automated or Manipulated Entry. The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Prize Draw repeatedly or in a way which is not consistent with fairness and the regular functioning of the Prize Draw is prohibited.
8.4 Names. Eligible Users must enter Prize Draw’s using their legal name only. ClearScore reserves the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
8.5 Retrospective Effect. Where an Eligible User has been found to be in breach of any of these Terms and in particular where a person is in breach of the entry restrictions, ClearScore may nevertheless still enforce its right to disqualify that person and require the return or reimbursement of any prize, even where a prize has already been awarded and/or actually provided to the Eligible User in question.
8.6 Not Redeemable. Entry into the Prize Draw shall not be redeemable or transferable for cash or any other consideration, and may further not be sold, assigned, encumbered, alienated, or otherwise transferred to any third party for any reason whatsoever. Only the Eligible User (i.e. the person who holds the identity number, registration number, or controls the mobile number and/or email address with which the entry into the Prize Draw was submitted) shall be eligible for participation in the Prize Draw.
9. Winners. ClearScore will randomly select 10 winners from all valid entries received from Eligible Users within one (1) week from the end of the Prize Draw Period (the “Winner(s)”).
10. Decision Final. A decision relating to the Winner or the redemption of prizes shall be final. Winner draws are supervised and verified by an independent and objective verification provider (“Verifier”), who performs this function in strict accordance with applicable laws and regulations.
11. Winner Notification. If you are a Winner, you will receive an email from ClearScore to the email address linked to your ClearScore account (the “Winner Notification”). To claim the Prize, you must respond directly to the Winner Notification. If a Winner does not respond within thirty (30) days (Monday to Friday), and reasonable attempts have been made to contact them, ClearScore reserves the right to contact the next eligible Winner. In this case, the original Winner will forfeit their claim to the Prize. This will continue until a Winner is established.
12. The Winner Notification will contain a link and the Winner(s) will win the Prize: which can only be used to purchase eligible goods and services available on Takealot’s website (https://www.takealot.com/).
13. Transferability and refund. The Prize is non-transferable, non-negotiable, and non-refundable. The Prize is subject to availability and no replacement Prize will be awarded in lieu of that prize or part of it.
14. Prize Delivery. The Prize will be delivered (where applicable) to the address provided by the Winner or accessible via email sent to the email address linked to the Winner’s ClearScore account. It is a Winner’s responsibility to notify us if their details change.
15. Tax. Any tax payable as a result of the Prize being awarded or received will be the responsibility of the Winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
16. Representations and Warranties. ClearScore makes no representation or warranty in relation to the Prize provided and to the fullest extent permitted by law, shall have no liability to Winners in relation to any Prize, its fitness for purposes, merchantability or otherwise.
17. Sponsorship Considerations. ClearScore shall be entitled, in its sole and unfettered discretion and at any time prior to the Prize Draw, to engage any third-party sponsor for the Prize Draw. Accordingly, all Eligible Users agree that they shall not defame, demean, disparage, or otherwise prejudice the good name and reputation of any sponsors at any time.
18. Data Processing
18.1 ClearScore shall have no responsibility for data corruption, incomplete or illegible Prize claims, or Prize claims that fail to be validly and/or properly submitted.
18.3 By entering into the Prize Draw, Eligible Users agree that ClearScore may, but is not required to, make their entry available on its ClearScore App and any other media, whether now known or invented in the future, and in connection with any publicity of the promotion.
19. Intellectual Property. All material, information, data, software, icons, policies, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the ClearScore App) of the ClearScore App and/or Prize Draw, together with the underlying software code of the ClearScore App and/or Prize Draw, are owned (or co-owned or licensed, as the case may be) by ClearScore Subject to the rights afforded to a user, all rights to all intellectual property on the ClearScore App and related to the Prize Draw are expressly reserved by ClearScore or the relevant intellectual property rights owner. You may not display, reproduce, or otherwise use any intellectual property without the written consent of ClearScore.
20. Tampering and other matters. ClearScore reserves the right to cancel, terminate, modify or suspend the Prize Draw and/or to disqualify any individual who (whether directly or indirectly) due to technical failures, irregularities, fraud or any other causes that, based on ClearScore’s reasonable opinion, would prevent the Prize Draw from running as planned.
21. Termination of Prize Draw. ClearScore may terminate the Prize Draw at any time at its absolute discretion without liability to a user or other person, to the full extent permitted by applicable legislation. ClearScore will not award any prizes if the Prize Draw is terminated.
22. Changes to Terms. ClearScore reserves the right to amend, vary, cancel, or withdraw these Terms at any time without prior notice to users. Users should check our ClearScore App regularly for any changes which will apply from the date that they are uploaded. For further information in relation to any applicable rules, please contact email@example.com.
23. Governing Law. Terms shall be governed by the laws of the Republic of South Africa. If any disputes arise out of, under, or in connection with the Prize Draw, the parties agree that such disputes shall be dealt with exclusively by the High Court of South Africa.
24. Liability and Indemnities.
24.1 ClearScore, its shareholders, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available in relation to participation or entry in the Prize Draw.
24.2 ClearScore, its shareholders, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the drawing and awarding of prizes, participation, or entering in the Prize Draw, in any manner.
24.3 The user indemnifies and holds harmless ClearScore, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s entry into, participation, or voting in any Prize Draw in any way.
24.4 The user agrees to indemnify, defend, and hold ClearScore harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms or any of ClearScore’s other applicable Rules or Policies.
25. Notices. For the purposes of formal service of any notices or documents to ClearScore, complaints and/or queries may be sent to firstname.lastname@example.org whereas the service address for any user is deemed to be the information as submitted by you at the time of entry.
26. No Waiver. No indulgence, leniency or extension of time granted by ClearScore shall constitute a waiver of any of its rights under these Terms and, accordingly, it shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.