1.1 “Competition” means any promotion, prize draw, giveaway or competition operated by Mix 93.8FM, including but not limited to those Competitions operated by Mix 93.8FM on behalf of its sponsors or any radio station or website owned or controlled (directly or indirectly) by Mix 93.8FM from time to time;
1.2 “Mix 93.8FM” means Bambanani Media (Pty) Ltd t/a MIX 93.8FM, a broadcasting station (registration number 2020/892751/07);
1.3 “Personal Information” means personal information as defined in POPIA;
1.4 “POPIA” means the Protection of Personal Information Act 4 of 2013;
1.5 “Process“/ “Processing” has the same meaning assigned thereto in POPIA;
1.6 “Rules” means these terms and conditions including specific terms and conditions, rules or entry instructions published on the Mix 93.8FM Radio website or in any media which features a competition (e.g. on-air messages).
1.7 “you“, “your” means the person who has entered into a Competition.
2.1 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.
2.2 These Rules shall be binding on you when you enter any Competition.
2.3 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, short message service (SMS), multimedia messaging service (MMS) or any similar media or device, 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.
2.4 Incomplete, incorrect or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
2.5 Mix 93.8FM 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.
3 Eligibility to enter Competitions
3.1 In order to qualify as an entrant, you must –
3.1.1 be a resident of South Africa and in possession of a valid identity document;
3.1.2 be at least 18 years old, or if not, assisted by a parent or legal guardian; and
3.1.3 provide correct and full personal details when entering the Competition.
3.2 Automated entries or syndicated entries are prohibited, and any use of such devices or schemes will cause disqualification of all such entries.
Mix 93.8FM, 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.
3.3 Unless otherwise stated –
3.3.1 only one entry per person will be permitted. Multiple entries from one person will cause disqualification;
3.3.2 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.
3.4 Mix 93.8FM reserves the right at its sole discretion to disqualify any individual who tampers with the entry process or who provides false information.
3.5 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. Mix 93.8FM 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.
4 Health and Safety
4.1 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.
4.2 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 MIX 93.8FM 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.
4.3 You must notify MIX 93.8FM 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. MIX 93.8FM 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.
4.4 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 Mix 93.8FM and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
4.5 You agree to comply with all directions of Mix 93.8FM or Mix 93.8FM’s representatives in respect of health and safety. Failure to do so may lead to immediate disqualification, or immediate withdrawal of the prize at Mix 93.8FM’s sole discretion.
5.1 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.
5.2 Mix 93.8FM 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.
5.3 Mix 93.8FM 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, Mix 93.8FM will leave a message on the prize winner’s landline or mobile phone (if possible). Mix 93.8FM undertakes to try at least three (3) times on three (3) consecutive days to notify the prize winners. If Mix 93.8FM cannot get hold of a prize winner telephonically or cannot leave a message telephonically, Mix 93.8FM will send a notice to the contact details (i.e. via WhatsApp, sms, e-mail or post) provided by the entrant.
5.4 Prizes must be claimed within sixty (60) days after Mix 93.8FM 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, Mix 93.8FM will have the right to do with the prize whatever Mix 93.8FM may deem to be reasonably fair.
5.5 If Mix 93.8FM 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, Mix 93.8FM may end the Competition on condition that –
5.5.1 no prize winners have been determined; and
5.5.2 reasonable notice has been given beforehand to all entrants.
5.6 If the Competition is ended as set out above, no entrant will have any claim of any nature whatsoever against Mix 93.8FM, unless Mix 93.8FM has been acted with gross negligence or fraudulent intent.
5.7 The prize awarded in any Competition –
5.7.1 cannot be transferred and will only be handed over if all details given are factually correct;
5.7.2 will not be exchanged for cash amounts or for any prize other than the prize offered in that Competition;
5.7.3 may be replaced by another prize of the same commercial value if the original prize is not available for any reason beyond Mix 93.8FM’s reasonable control.
5.8 No prizes will be transported and/or delivered to the prize winner’s place of residence, and Mix 93.8FM will not be liable for any travel, transport, accommodation, or any other costs when the prize is handed over or received.
6 Holiday Prizes
6.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Mix 93.8FM. There will be no alternative destination.
6.2 Holidays are always subject to availability. You must hold a valid passport with at least 6 months’ further duration and no visa restrictions on your ability to travel to the relevant destination or your Competition entry will be invalid).
6.3 Holidays are not available to persons under the age of 18 unless otherwise stated in the specific terms and conditions for a Competition. Children under 18 years of age must obtain written consent from a parent or guardian and cannot travel unless accompanied by an adult over the age of 18.
6.4 All holidays must be taken within 6 months of the date of the Competition (unless agreed with Mix 93.8FM or otherwise stated in the specific terms and conditions for the Competition) or will be deemed invalid.
6.5 You must comply with the terms and limitations of any travel insurance policy offered as part of the prize, relating to the holiday. Where no insurance is offered, you are responsible for obtaining adequate travel insurance.
6.6 You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the prize. There may be additional terms and conditions imposed by the provider of the prize which must be complied with and Mix 93.8FM will not be responsible for your failure to comply with such terms and conditions. In particular, you must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
6.7 You are not entitled nor authorised in any way to commit Mix 93.8FM to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
6.8 Passport control and in-country authorities will reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be your sole responsibility.
6.9 Any flights, other transport, airport details, accommodation or other aspects of the prize, dates and times quoted by Mix 93.8FM or its agents are for guidance only and are subject to change without notice with no liability arising. You must have sufficient financial resources to meet any financial commitment which you may incur in connection with the prize beyond those included in the prize itself. This includes and without limitation, transfers to your respective airports (local and international), meals and drinks.
6.10 You must comply with and are responsible for attending to any inoculation and health regulations or visa requirements required for your destination.
7 Ticket give-aways
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.
For Competitions involving online voting, entrants must register a valid email address to be entitled to vote. Only one vote for each valid email address will be accepted. Mix 93.8FM reserves the right to disqualify multiple votes.
9 Disqualification of Entries and Cancellation of the Competition
9.1 You acknowledge that the interests and good reputation of Mix 93.8FM and its radio stations are paramount and Mix 93.8FM 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 MIX 93.8FM (or its sponsors) to do so.
9.2 Mix 93.8FM 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 Mix 93.8FM). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
9.3 In the event of disqualification, MIX 93.8FM reserves the right to select another entrant to take part in the Competition.
10.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any Personal Inf