Valentine's Day Refund Competition

Terms and Conditions

DEFINITIONS

 

RULES

  1. The Competition is promoted by i-Pay, and co-sponsored by i-Pay and PayU.   By entering the Competition you agree to the rules of the Competition.
  2. There are no entry fees to participate in this Competition.
  3. The entry of any natural persons into the Competition (the “Entrant”) and/or acceptance of a Prize by an Entrant in the event that a Prize is won (the “Winner”) constitutes binding acceptance of these terms and conditions on behalf of the Entrant and Winner, together with any persons with whom a prize is shared (the “Partner”).
  4. Entrants under the age of 18 must obtain permission from their parents or guardians before entering the Competition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize to the extent that the Entrant becomes a Winner.
  5. The Competition is not open to -
    1. directors, members, shareholders, agents, consultants or employees of i-Pay or PayU; or
    2. the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the Persons specified in 6.1 above; or
    3. the suppliers of any goods or services in respect of the Competition. 
  6. An Entrant may not win a Prize if it is unlawful for i-Pay to provide a Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant concerned will forfeit the Prize.
  7. The data costs, or any other costs, incurred by an Entrant in purchasing goods or services on any PayU Website Platform in the ordinary course outside of the Competition Period will apply during the Competition Period.
  8. It is the responsibility of all Entrants to ensure that their entry is received by i-Pay prior to the closure of the Competition. Any entries which are not received during the Competition Period will not be eligible to participate, regardless of the reason. i-Pay or PayU is not responsible for any entries which are not received by i-Pay, whether timeously or at all, regardless of the cause thereof. Without limitation, i-Pay, PayU and their Affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.
  9. i-Pay, PayU and their Affiliates are not responsible for any injury or damage to an Entrant or any other Person’s computer, mobile telephone or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.
  10. To enter the Competition, an Entrant should –
  11. complete a single purchase for any number of good(s) or services on any of the PayU Website Platforms by using the i-Pay Platform to make payment for such purchase during the Competition Period; and
  12. an Entrant is allowed to complete as many purchases in accordance with clause 11.1 above during the Competition Period as the Entrant wishes to, and each of these completed purchases shall constitute an entry into the Competition.
  13. The Prize may not be deferred, changed or exchanged for any other item.
  14. i-Pay and its co-sponsor PayU do not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –
    1. an Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or
    2. a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards or expectation.
  15. Two Winners will be chosen during the Competition Period. One Winner will be chosen during the period between 5 February 2018 and 9 February 2018, while the second Winner will be chosen during the period between 10 February 2018 and 14 February 2018.  The lucky draw for each of the Winners will take place on 9 February 2018 and 15 February 2018.  The preliminary Winners will be determined by a panel of judges that are selected by i-Pay.  The determination made by the panel of judges concerned will be final and no correspondence will be entered into.   
  16. I-Pay will notify Winners by means of the contact details provided to i-Pay by PayU.  PayU receives the Winners contact details with the prior consent of the (i) merchant in which the PayU Website Platform is made available, and (ii) such details are made available to the merchant by the Entrant upon entering this Competition during the Competition Period.  I-Pay will attempt to make contact with each Winner at least 3 times, but if i-Pay is unable to contact any Winner within 3 (three) working days after the lucky draw, such Winner will forfeit his/her prize and i-Pay reserves the right to redraw such prize.   If such Winner agrees to accept the Prize subject to these terms and conditions, he/she will be a Winner in the Competition. 
  17. Each Entrant will only be eligible to receive one Prize in the Competition during the Competition Period. 
  18. i-Pay may invite a Winner to be present when the Prize Winners are determined or announced, to participate in any marketing activities of i-Pay or PayU or both, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by i-Pay or PayU or both, for which no fee, royalty or other compensation will be payable. The Winner may decline such an invitation.
  19. The refund payable to the Winner as a Prize in relation to the Competition will be made within 30 (thirty) calendar days of the publication of the Winner by i-Pay, or such other time period that is communicated to the Winner by i-Pay.
  20. i-Pay may require a Winner to provide i-Pay with such additional information and documentation as i-Pay may reasonably require in order to process, confirm and facilitate a Winner’s acceptance of a Prize. PayU may facilitate the gathering of such information with I-Pay. If a Winner refuses to provide i-Pay with the requested information or documentation, such Winner will forfeit the Prize.
  21. i-Pay reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, for any reason which i-Pay deem necessary. In the event of such variation, postponement, suspension or cancellation, i-Pay agrees to waive any rights, interests and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against i-Pay, PayU or any Affiliates.
  22. The Entrants agree that participation in the Competition, and acceptance and/or use of a Prize, or any aspect thereof, is at their own risk.
  23. i-Pay, PayU and their Affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition or the acceptance and/or use by an Entrant, or such Entrant’s partner (if applicable), of any Prize, or by any action taken by i-Pay, PayU in accordance with these terms and conditions.   All merchants that the PayU Website Platforms which promote this Competition are not responsible for any loss or damage whatsoever associated with this Competition in any manner.
  24. All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold i-Pay, PayU and their Affiliates harmless against any claim by an Entrant, or an Entrant’s partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant or its partner may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.
  25. If an Entrant fails or, if an Entrant’s partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which i-Pay or PayU may have, –
    1. such Entrant will be automatically disqualified and such Entrant will forfeit a Prize (in the event that such Entrant has already won a Prize);
    2. an Entrant and / or Winner will pay i-Pay or PayU for any loss or damage incurred by i-Pay directly or indirectly as a result of (or, if applicable, a partner's) non-compliance, including all legal costs (including attorney and own client costs) which i-Pay or PayU may incur in taking any steps pursuant to an Entrant and / or Winner’s (or partner’s) non-compliance; and
    3. such Entrants and Winners indemnify and hold i-Pay or PayU harmless against any claim by any Person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure (or that of your partner, if applicable) to comply therewith.
  26. These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa.
  27. i-Pay and the judges' decision on any matter concerning the Competition and/or arising out of these terms and conditions is final and binding on all Entrants and Winners.
  28. If the competition is regulated by the Consumer Protection Act, 68 of 2008, it is not intended that any provision of these terms and conditions contravenes any provision of the Consumer Protection Act and therefore all provisions of these terms and conditions must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.