PROMOTION TERMS & CONDITIONS 

Please read the below Bata Toughees Move Maker Promotion Terms and Conditions carefully. By participating in this Promotion, you agree to comply with the Terms and Conditions set out below. If you do not agree with these Terms and Conditions, please do not participate in this Promotion. Please refer to www.toughees.co.za for the most up to date Terms and Conditions for the Bata Toughees Move Maker Promotion: 

The Bata Toughees Move Maker Promotion (“Promotion”) is run by Bata South Africa (Pty) Ltd Registration number: 1985/000219/07 and/or its agencies (“Organiser”).  All participants during the term of this Promotion agree to be bound by the following terms and conditions:

  1. Promotion Period:
    • The Promotion will run from Wednesday 26 December 2018 [00h00] to Sunday 13 January 2019 [23h59] (“the Promotion Period”), whilst stocks last. Entries close 31 January 2019, in the Republic of South Africa.
    • The Participants will be able to redeem the vouchers up until THURSDAY 28 February 2019 [23h59].
    • The duration of the Promotion may be shortened at the discretion of the Organiser.
  1. To be eligible to participate in this Promotion the Participant must:
    • be 18 years or older and be a legal resident of the Republic of South Africa;
    • Purchase a pair of participating Bata Toughees school shoes during the promotional period
    • Be a natural person and not a juristic entity, which juristic entity includes but is not limited to a Business to Business (B2B) partner of the Organiser, cross border partner or retail partner of the Organiser. The product must be purchased in the participant’s name; and
    • Purchase any of the qualifying products from a participating store between the 26th December 2018 and 13 January 2019 or while stocks last. Entries close on the 31 January 2019.
  1. Promotion Entry and Redemption:
    1. To redeem the reward, the Participant must do the following:
      • Purchase a participating Bata Toughees product within the Promotional Period.
      • Scratch the scratch card received, revealing a unique code.
      • Add +27 (0) 66 100 0079 as a contact number on the Participants cell phone device.
      • Once the contact number specified in 3.1.3 is added, the Participant must send a WhatsApp message with the unique code found on the scratch card to the Bata Toughees contact and follow the prompts. The unique code can only be used once. The Participant must have a positive airtime or data balance to enter via WhatsApp or WiFi connection. By entering the Promotion, it will be deemed that the account holder has agreed to the normal WhatsApp data charges.
      • Participants who have entered in a valid unique code will be required to respond with a clear/full image of the till slip, showing their Bata Toughees purchase, bought during the Promotional Period.
      • The Participant will receive a response advising them of the 72 (seventy-two) hour verification period.
      • Verified entries will receive a WhatsApp within 72 (seventy-two) hours with a USSD string and a new unique code to dial into the USSD string (USSD costs 20c per 20 seconds. Free SMSes or minutes or data do not apply. Errors will be billed.) The Participant must have a positive airtime balance to enter the USSD string to redeem their reward. By entering the Promotion, it will be deemed that the account holder has agreed to the charges.
      • Once the Participant enters the USSD platform, the Participant will be presented with a choice of 4 (four) reward vouchers.
      • The choice reward voucher entitles the Participant to one of the following R25 (twenty-five Rand) vouchers; Shoprite, CNA, KFC or Airtime voucher. The Participant may only choose one reward voucher.
      • The Participant selects their reward of choice. If the Participant selects a Shoprite, CNA or KFC, these vouchers are SMSed directly to the Participants mobile phone. If the Participant selects airtime, the airtime will be loaded directly to the mobile number used to enter into the USSD string.
      • All entries via the Bata Toughees WhatsApp number must take place before 31 January 2019, any entry received after 31 January 2019 will be deemed null and void.
  2. Important considerations for participation in the Promotion:
    • It is the Participant’s responsibility to ensure they receive a WhatsApp response within 72 (seventy two) hours of submitting their unique code and till slip via WhatsApp. In the event that no response is received, the participant is required to contact the Organisers call centre on 087 057 1260 by 4 February 2019. If the participant does not follow this process and does not receive a response, their entry will not be considered. If the Organiser has not received feedback, the Organiser will assume that the participant has received a WhatsApp response. Any participant who has unsubscribed from receiving marketing SMSes from the Organiser may not receive the WhatsApp response and it is the participant’s responsibility to notify the Organiser on 087 057 1260. The Organiser will not be held responsible for response SMS’s not received by participants.
    • The Participant will be required to upload a valid proof of purchase detailing a qualifying Bata Toughees product purchased within the Promotional Period as well as the store the product was purchased at. All images uploaded need to be clear with all necessary information visible.
    • In the event that an uploaded image does not conform to the Organiser’s requirements the Participant will be notified and will be required to resubmit a revised image by the 31 January 2019.
    • A Participant may purchase multiple participating Bata Toughees products, but will be limited to winning a guaranteed reward a maximum of two times.
    • Only one reward will be allocated per valid and verified entry.
  3. The Reward:
    1. All Participants who purchase a pair of participating Bata Toughees school shoes during the Promotional Period and follow the necessary entry and redemption steps, will receive a guaranteed choice reward of either a Shoprite, CNA, KFC or Airtime voucher.
    2. Participants will not be allowed to choose more than one Reward per voucher and Rewards are not interchangeable. Once a Reward has been chosen via the USSD string, the Participant will not be able to swop out or change their Reward choice.
    3. The value of each voucher is R25 (twenty-five rand).
      1. The Shoprite Voucher entitles the Participant to one R25 (Twenty-Five Rand) Shoprite voucher.
      2. The CNA Voucher entitles the Participant to one R25 (Twenty-Five Rand) CNA voucher.
      3. The KFC Voucher entitles the Participant to one R25 (Twenty-Five Rand) KFC voucher.
      4. The Airtime Voucher entitles the Participant to one R25 (Twenty-Five Rand) Airtime voucher.
    4. Each voucher is governed by the Partners Terms and Conditions.
    5. Each voucher is valid for 1 (year) from date of issue except for the Airtime voucher which is valid for the period governed by the Participants mobile network.
    6. The Voucher is provided at the sole discretion of the Organiser.
    7. The Voucher is not transferable and may not be substituted or exchanged for cash or anything else.
    8. Vouchers are limited and are available whilst stocks last.
  4.  General:
    1. In accordance with the confidentiality policies and practices of the Organiser, none of the entry details of any Participant in this Promotion will be disclosed or used by the Organiser for any purposes other than for entry into the Promotion.
    2. Details of Participants will not be used by the Organiser for Bata Toughees related communication should the Participants opt-out to receive further communication from the Organiser.
    3. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.
    4. The Organiser may in its sole discretion amend these Terms and Conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised Terms and Conditions on the Organiser’s website:toughees.co.za. The onus rests on the Participant to constantly check the website for updates to the Terms and Conditions.
    5. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organiser, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organiser reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
    6. Save as permitted by Law, the Organiser reserves the right to cancel, suspend or terminate this Promotion, without notice at any time, and such cancellation, termination or termination shall be deemed to have taken effect from the date of publication on the Organiser’s website toughees.co.za.
    7. No liability shall lie against the Organiser in favor of any Participant, winner(s) and/ or third party arising from such cancellation, suspension or termination. Therefore, the Participant waives his/her right which they may have against the Organiser and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organiser.
    8. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
    9. The Organiser and its agencies reserve the right to correct any errors and omissions. These Terms and Conditions will supersede any errors or omissions on any publicly communicated documentation or marketing material.
    10. Any dispute or claim arising out of or in connection with the Promotion shall be governed by and construed in accordance with the laws of the Republic of South Africa.
    11. The Organiser accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the Reward owing to, but not limited to, stock unavailability, strike, lock out, destruction of products or the Reward on route by any means, any civil commotion or disorder, riot, threat of war, any action taken by governmental authority or public authority of any kind, fire, explosion, storm, flood, earth quake or other acts of God.
    12. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
      • It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible;
      • It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect
    13. Any fraudulent behavior will result in an immediate cancellation of the Participant’a submission, and the Organiser reserves any rights in law to pursue appropriate compensation and / or institute criminal proceedings.  The Organiser accepts no responsibility for incomplete, lost, misdirected, illegible, late, or altered registrations or uploads.  Registrations or uploads that do not comply with these Terms and Conditions will be disqualified. The Organiser reserves the right to investigate any Participant’s actions regarding any aspect of the Reward and the redemption thereof.
    14. Any Participant who returns a product purchased during the Promotion Period forfeits their Reward. Regarding the Promotion returns policy, where Participants purchase qualifying products and return these products to the participating retailer, the following rules will apply:
      • A Participant returns or exchanges their purchase for any reason whatsoever with the participating retailer after the registration and upload process of the Reward, the Participant must call the Concierge Service on 087 057 1260 to cancel their entry and upload and acknowledge that they are no longer able to claim the reward corresponding to the purchase;
      • If the Participant has already redeemed the reward and then returns or exchanges their purchase, the Organiser reserves the right to claim back the value of the reward from the Participant.
  5. Limitation of Liability:
    • To the extent permitted by Consumer Protection Act and any other applicable law:
      1. The Participant and/or winner(s) hereby indemnifies the Organiser against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the Participants entrance into the Promotion.
      2. The Organiser excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).
  6. Consumer Protection Act:
    • To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the “Consumer Protection Act”), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.