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CAMPAIGN TERMS & CONDITIONS

CAMPAIGN TERMS & CONDITIONS
1. INTERPRETATION

1.1 In this document, unless the context clearly indicates a contrary intention, the following terms shall have the meaning as defined in this clause apply:

(a) "Business Day" means a day other than a Saturday or a Sunday or a day which from time to time is a proclaimed public holiday in the Republic of South Africa;

(b) "Campaign" means the OPPO SELL LIKE A BOSS & BAG THE GOODS campaign run by the Promoters during the Campaign Period;

(c) "Campaign Period" means the period between 00:00 on 1 August 2023 and 00:00 (midnight) on 31 August 2023. No late entries will be accepted under whatsoever circumstances;

(d) "CPA" means the Consumer Protection Act, 68 of 2008;

(e) "Participants" means all floor sales person employed by Cell C authorized distribution channel during the Campaign Period to sell the Qualifying Device who participates in this Campaign and "Participant" shall have corresponding meaning;

(f) "OPPO" means Boang Technology South Africa t/a OPPO, a company registered in terms of laws of South Africa with registration number 2020/162436/07;

(g) "POPI" means the Protection of Personal Information Act, No 4 of 2013;

(h) "Promoters" means, collectively, OPPO and Cell C;

(i) "Prizes" means, collectively, the prizes to be won by a qualifying Participants as further described in clause 4 and "Prize" means any of the Prizes;

(j) "Cell C" means Cell C Limited, Cell C Service Provider Company Proprietary. Limited registered in accordance with the laws of South Africa with registration number 1999/007722/06; and includes all of its subsidiary, affiliate and associated companies of Cell C.

(k) "Qualifying Device" means all OPPO branded mobile devices and "Reno10 Pro+ 5G" or "Reno" means that specific device or series within the Qualifying Devices;

(l) "Terms and Conditions" means the terms and conditions as set in this document, as required by Section 36 (3) (c) of the CPA; and

(m) "Winners" means, collectively, the Participants who win the Prize and "Winner" means any of the Winners.

2. INTRODUCTION

2.1 This Campaign is organized by the Promoters whereby the Participants stands a chance to win the Prizes, based on the number of the number of Qualifying Devices such Participants sold during the Campaign Period.

2.2 By entering the Campaign, all Participants agree to be bound by the Terms and Conditions as set out herein.

3. PARTICIPATION

3.1 The Participants, by entering into the Campaign, expressly acknowledges that:

(a) they have been given an appropriate opportunity to first read these Terms and Conditions before entering the Campaign and that they understand and thereby agrees to by bound by these Terms and Conditions;

3.2 All Participants, in order to qualify as Winner, must:

(a) 18 years or older; and

(b) Be a South African citizen or have valid permit to work in South Africa; and

(c) Validly employed by Cell C to sell the Qualifying Devices (for the avoidance of doubt, not subject to any form of breach of Participant’s employment agreement with Cell C, including being the recipient of warning letter) (i) during the relevant period of assessment during the Campaign Period; and (ii) at the time that such Participant is announced as Winner.

Failing which the Promoters reserve the right, at their discretion, to disqualify such Participants as Winner and next Winner will be selected in accordance with this Terms and Conditions.

4. PRIZE

4.1 For the duration of the Campaign Period, the following prizes will be awarded to the Participants who met the sales target for the Qualifying Device as set out below.

4.2 For the period between 1 August 2023 to 31 August 2023:

(a) Participants who sold 5 (five) Reno 10 Pro + 5G, will EACH win 1 x Appliance to the value of R3,000.00; and

(b) Top 3 (three) Participants who sold most number of Qualifying Devices will EACH win 1 x Power Inverter to the value of R10,000.00. Provided that in order to win the prize as set out in this clause (b), the Participants must sell at least 20 Qualifying Devices, out of which 5 must be a "Reno" series during the period of assessment.

4.3 The Promoters will arrange for the collection and/or delivery of the Prizes with the respective Winners within 7 (seven) days pursuant to the respective Winner is announced.

5. GENERAL RULES APPLICABLE TO THIS TERMS AND CONDITIONS

5.1 Cell C’s Responsibilities

For the duration of the Campaign Period, Cell C shall:

(a) Actively inform its distribution channels to ensure that they are aware and actively participate in the Campaign.

(b) Daily, provide OPPO with true, correct, and complete sale-in and sale-out list for OPPO.

5.2 OPPO’s responsibilities

For the duration of the Campaign Period, OPPO shall:

(a) Subject to this Terms and Conditions, ensure that the Prize are awarded to respective Winner.

5.3 All Participants are required to submit their sales on the Ecentive platform, which is the platform that will used by OPPO to audit and verify the sales. IT IS PARTICIPANTS SOLE RESPONSIBILITES TO ENSURE THAT HE/SHE SUBMIT THE CORRECT SALES ON THE ECENTIVE PLATFORM TIMEOUSLY, OPPO WILL NOT ACCEPT ANY RESPONSIBILITIES OF WHATSOEVER NATURE IF PARTICIPANT FAILS TO DO SO.

5.4 If a Participants cannot or is disqualified accept the Prize for any reason whatsoever (whether due to breach of this Terms and Conditions or otherwise), the Prize will be awarded to the next selected qualifying Participant.

5.5 OPPO reserve the right to withhold the Prize until it is satisfied, at OPPO’s sole discretion, that the claim by the Winner is valid.

5.6 In the event of the tie between the Participants who is qualified to win the Prize, the qualifying Participants who sold the MOST Qualifying Devices during the relevant period of assessment will be announced as Winner.

5.7 Personal information of the Participants will be used strictly to provide the Prize and in accordance with this Terms and Conditions and will be stored in a secure repository and not transferred to any third party save for the purposes as set out in this Terms and Conditions.

5.8 Participants acknowledge that any personal information supplied to the Promoters for purposes of this Campaign is provided voluntarily, but that they may be prevented from entering or winning the Prize without providing such information.

5.9 This Campaign is advertised by Cell C emailer communications to all its distribution channels.

5.10 The Campaign, the Prize, and this Terms and Conditions may be amended at any time by the Promoters during the Campaign Period and will be applied and interpreted in the sole discretion of the Promoters. Such altered terms and conditions shall become effective immediately after being altered or on such date as may be determined by the Promoters. No Participants shall have any recourse against the Promoters arising from such alterations.

5.11 The Promoters are not liable for any technical failures affecting Participants participation in the Campaign.

5.12 Neither the Promoters, nor any other person or party associated with the Campaign, their associated companies, agents, contractors and sponsors and any of its personnel involved in the Campaign, shall be liable whatsoever for any loss or damage incurred or suffered (including but not limited to direct or indirect or consequential loss), death or personal injury suffered or sustained arising from either participation in the Campaign or from claiming and/or enjoying the Prize.

5.13 In addition to any other right which the Promoters enjoys as set out elsewhere in this document, the Promoters reserve the right to extend, reasonably shorten or suspend the time period of the Campaign for technical or commercial or operational reasons or for the greater public good or due to a "force majeure" event or generally for any reason whatsoever within its sole discretion, on condition that it notifies the Participants in a manner that is expedient according to its best ability.

5.14 In addition to any other right which the Promoters enjoys as set out elsewhere in this document, the Promoters, the Promoters reserve the right to amend the rules and/or terminate this Campaign immediately at any time, whether required as a result of changes in legislation, or if required by any national, provincial or municipal authority, or within the sole discretion of the Promoters for any operational reason. In such event, Participants waive any rights that they may have/purport to have in terms of this Campaign and acknowledge that they will have no recourse against the Promoters whatsoever.

5.15 Participants indemnify the Promoters, its associated and subsidiary companies, and its directors, officers and employees, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever from their participation in any way whatsoever in this Campaign.

5.16 South African law shall govern these Campaign and the Terms and Conditions as set out in this document.

6. INDEMNITY

6.1 By entering the Campaign, the Participants expressly agrees to the following indemnifications:

(a) the Participants indemnify and holds harmless the Promoter and its promotional partners, their employees and their agents ("the Indemnified Parties") of any and all liability (including indirect and/or consequential) pertaining to any damage, cost, injuries and losses of whatsoever nature and howsoever arising as a result of their participation in the Campaign and related events and activities, including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy; and

(b) the Participants accepts that the Indemnified Parties will not be responsible for any costs, damage or otherwise, howsoever incurred by the Winner subsequent to claiming the Prize.

1. CPA

1.1 This document will be made available upon request.

1.2 By entering into the Campaign, the Participants agrees and acknowledges that they have read and understand the Terms and Conditions as the Terms and Conditions contain certain terms and conditions which may:

(a) limit the risk or liability of the Promoters, or any relevant third party; and/or

(b) create risk or liability for the Participants; and/or

(c) compel the Participants to indemnify the Promoter or a relevant third party; and/or

(d) serve as an acknowledgement by the Participants of certain facts.

2. Any personal data submitted by Participants will be used solely in accordance with current POPI, the CPA and the Promoters’ respective privacy policies. The Promoters may contact the Participants for marketing purposes, on the basis that the Participants will have the option to opt out at each.
3. POPI

3.1 Any personal data relating to the Winner or any other Participants will be used solely in accordance with CPA and POPI and will not be disclosed to a third party without such Participant’s prior consent.

3.2 This Campaign is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network.

3.3 The Participants by part taking in the Campaign consents to their personal information to be shared with the Promoter's employees, contractors or agents for the purpose of this Campaign and for the purpose of sharing future incentive campaigns.

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