1. Competition Standard Terms & Conditions
1.1 These terms and conditions are applicable in respect of all entrants participating in any competitions which may be run or promoted by Durban Tourism (whether on the Website, Facebook page or otherwise) along with any specific terms it publishes that may apply to each competition. These Competition Standard Terms & Conditions form part of the general Terms & Conditions generally for the Website and both sets of terms are expressly incorporated into any specific terms for any Durban Tourism of our competitions.
In the event of any conflict and/or discrepancy between these Competition Standard Terms & Conditions, the Terms & Conditions and any specific terms for a competition, the relevant terms of a specific competition shall apply. Durban Tourism or any of its associated companies reserve the right to disqualify your entry from any competition and/or withhold any prize if they have reasonable grounds to believe that you have breached any of these Competition Standard Terms & Conditions, Terms & Conditions or any specific rules of any competition (all three together are referred to as “Competition Terms & Conditions”).
1.2 To enter a competition and to be eligible to win a prize you must:
(a) Be resident in the Republic of South Africa (unless permitted otherwise in the specific terms and conditions of a competition);
(b) Be 18 years of age or over (or of the age specified in the competition and, if minors are stated to be eligible to enter a competition, then they must have the express consent of their parent(s) or guardian);
(c) Not be an employee of Durban Tourism or any of its related companies or any service provider (or employee or agent thereof) to Durban Tourism or a member of the family, friend or acquaintance of any of the above; and
(d) Comply with these Terms & Conditions and any rules specific to the competition. All entry instructions communicated by Durban Tourism will form part of the Competition Terms & Conditions.
1.3 By entering any competition and/or accepting a prize from Durban Tourism you warrant that you have complied, and shall continue to comply, with these Competitions Terms & Conditions. By entering the competition, you agree to take part in publicity of the competition at Durban Tourism request and/or to allow Durban Tourism to use your name, image and/or town of residence in such promotional materials as Durban Tourism sees fit whether now or in the future and anywhere in the Republic of South Africa or in the world, without any further compensation.
1.4 All entries must be made in the entrant's own full names. Where applicable, Durban Tourism will only issue prize cheques made payable in the winner's name as given to Durban Tourism at the time of entry.
1.5 Closing Date: the closing date for a competition is the date and/or time as stated in the instructions for the respective competition and, unless otherwise stated, entries must be received by Durban Tourism on the closing date by the following times (in accordance with the method as permitted in the relevant competition rules:
(i) Midnight for entries by email and/or online; or
(ii) 4pm for entries by post or other method; or
(iii) Midnight for entries by telephone or SMS (unless on live or as-live programming; or
(iv) As may be otherwise directed in respect of competitions on live or as-live programming;
1.6 Where competition entries are made by telephone or SMS, the costs of entry will be stated in the relevant specific terms of the competition.
1.7 One entry allowed per household unless expressly stated otherwise in the relevant specific terms of the competition.
1.8 There are no prize substitutions nor are cash alternatives and the prizes not transferable. Durban Tourism reserves the right to select an alternative Winner and award the prize to another entrant in the event that:
(i) It has reasonable grounds for believing that an entrant has contravened any term or condition of entry;
(ii) A Winner has changed address to one outside of the Republic of South Africa, after the closing date;
(iii) It is unable to contact the Winner within 24 hours of selecting the Winner;
(v) It does not receive confirmation of the Winner’s address as may be requested within 24 hours.
1.9 Durban Tourism will have a sole and an absolute discretion to decide whether or not to accept any entry and Durban Tourism may rely upon its own records and information in determining whether contestants are eligible to receive a prize.
1.10 In any matters concerning any part of the competition or any part of the solution to the competition, whatsoever, Durban Tourism’ decision will be final and no correspondence or discussion shall be entered into with you or with any other person acting on your behalf regarding the decision whatsoever.
1.11 A winner will generally be notified either by email, telephone or post within 14 days of the relevant closing date or such other times as may be specified by Durban Tourism in its absolute discretion.
1.12 A winner has a responsibility to find out from Durban Tourism what the competition prize entails and does have to assume what is included in the prize if not clear the winner.
1.13 Subject to confirmation by Durban Tourism of the Winner’s address as may be requested, the Winner will generally receive the prize within six to eight weeks from the closing date or as set out in any specific terms for the respective competition.
1.14 No responsibility can be accepted for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. Durban Tourism shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any competition.
1.15 Where any prize involves travel, all arrangements, including but not limited to travel times and dates, shall be in accordance with the restrictions specified by Durban Tourism and, unless stated otherwise in writing, shall take place within 12 months of the relevant closing date. Winner’s are advised to obtain all necessary travel insurance, obtain any necessary medical advice for their trip and confirm all necessary travel documents, including a passport, prior to any travel.
1.16 Durban Tourism shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) under these Competitions Terms if such delay or failure is caused by circumstances beyond its reasonable control including, without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation, war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or any natural catastrophes arising without limitation out of or in connection with the activities of any third party and/or any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars). For the avoidance of doubt, the winner(s) shall be solely liable for any additional costs incurred as a result.
1.17 To the extent permitted in law, Durban Tourism shall not be liable to the winner(s) for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or prize other than death or personal injury caused by negligence of the Promoter and/or the Promoters personnel and/or deceit or fraud by Promoter and/or Promoter’s personnel while acting within the course and scope of their employment with the promoter.
1.19 A list of winners for each competition can be obtained by sending a stamped addressed envelope marked clearly “[INSERT NAME OF THE RELEVANT COMPETITION]” to Durban Tourism within 30 days from the date of the closing date of the competition.
1.20 Competitions Terms shall be governed by and construed in accordance with the laws of RSA and any disputes arising therefrom, shall be subject to the exclusive jurisdiction of the courts of RSA.