Terms and Conditions: #WhatTheFanta- Guess the Flavour Consumer Promotion
1. Promoters: This #WhatTheFanta- Guess the Flavour Consumer Promotion Promotional Competition (“Competition”) is organised by Coca‑Cola Africa (Proprietary) Limited (“CCA”) and Expanding Branding (Proprietary) Limited (“Expanding Branding”) (“Promoters”).
2. Eligibility: The Competition is only open to permanent residents and citizens of the Republic of South Africa of the age of 18 (eighteen) years or older, living in South Africa and in possession of a valid form of identification (South African Identity Document or Passport). All participants must be natural persons; legal entities cannot participate in this Competition and no prize/s will be awarded to any legal entities. Any minor, or any employee, director, member, partner, agent or consultant of any of the Promoters, or any person who directly or indirectly controls or is controlled by any of the Promoters and/or immediate family members of any of the above persons, its advertising agencies, advisers, dealers, suppliers and bottlers of beverages identified by the trademarks owned by or licensed to The Coca‑Cola Company, its affiliates and/or associated companies, is not eligible to participate in this Competition and is therefore disqualified from participating in this Competition.
A participant who has previously won a prize in any Competition run by any of the Promoters in the last 6 (six) months shall not be eligible to participate in this Competition.
3. Agreement to these Terms and Conditions: By entering the Competition, all participants and the winner agree that they have read and understood these terms and conditions (“Terms and Conditions”) and further agree to be bound by these Terms and Conditions as interpreted by the Promoters, whose decision regarding any dispute will be final and binding. The Promoters reserve the right at any time, without notice, to amend, modify, or change these Terms and Conditions and any prizes, and to postpone, suspend or cancel this Competition and any prizes, or any aspect thereof, without notice at any time, for any reason which the Promoters reasonably deem necessary and without any compensation whatsoever. The names entered in the Competition must correspond with the names on the identity document and/or passport of the participant.
4. The Competition is only valid within South Africa. Participants must be within South Africa at the time of entering the Competition, for the verification process and at the time of the prizes being awarded should they be declared a winner, failing which such person will be disqualified and the draw of a replacement entry shall take place under the same terms and conditions as the first draw.
5. Competition Period: The Competition commences on 2 October 2023 and ends at 23h59 (South African time) on 25 January 2024 (the “Competition Period”). Entries received after the Competition Period will not be considered. Entries will be deemed to be received at the time of receipt and not at the time of transmission. Entries received will be considered final by the Promoters. Incomplete, inaccurate, unclear, erroneous, ineligible or incomprehensible entries will be deemed invalid and thus disqualified.
Description of Prizes:
6. Participants stand a chance to win:
a. 1 of 3000 KFC vouchers worth R30.00 (Thirty Rand) (“KFC Prize”); or
b. 1 of 300 Classic Crocs Clogs worth R750.00 each (Seven hundred and fifty Rand) (“Crocs Prize”); or
c. 1 of 30 Airbnb digital vouchers valued at R2 000.00 each (Two thousand Rand) (“Airbnb Prize”); or
d. 1 of 3 iPhone 15 Pro 256GB worth at R30 000.00 each (Thirty thousand Rand). This prize only consists of the phone and excludes any accessories (“iPhone Prize”).
7. The Promoters shall not award a prize to a winner if it is unlawful to supply such prize to the winner. In such instance, the winner shall immediately forfeit the prize and be disqualified.
8. Once the winner has received a prize, the Promoters shall not be liable and shall not take responsibility for any product malfunction or defect or manufacturing faults or defects, or damage or loss of or the prize. Ownership of and risk in and benefit attaching to a prize will pass on to the winner immediately. The Promoters do not cover insurance for the prize once handed over to the winners of this Competition.
Entry mechanic/How to enter:
9. To enter this Competition and stand a chance to win a prize in this Competition, participants must do the following:
a. Buy any #WhatTheFanta pack in any one of the following sizes: 500ml PET, 2.25L PET or 500ml Returnable Glass Bottle with a unique UTC (Under-The-Cap) code found under the white closure, from any participating store nationwide during the Competition Period; and
b. Find the unique UTC (Under-The-Cap) code found under the white closure, scan the QR code on the participating pack, where the participant will be directed to a website and be prompted to guess the # WhatTheFanta flavour and provide their full name, opt in decision to receiving direct marketing messages from CCA, input the UTC (Under-The-Cap) code and find out instantly whether they have won a KFC Prize and be entered into a draw to stand a chance to win a Crocs Prize, Airbnb Prize or an iPhone Prize.
10. The Promoters do not guarantee the availability of the participating products at the participating stores and therefore are not liable for unavailability of participating products. Participants must keep their till slip as proof of purchase. Purchase of the participating products from the participating stores must be made during the Competition Period. Any purchases made before or after the Competition Period do not qualify.
Selection:
11. Winners of the KFC Prize: Winners of a KFC Prize will find out instantly if they have won on the number that they used to enter this Competition. The winners will be selected using an automated computerised service conducted by CCA. The winners will receive their voucher prize directly on the website. Each voucher is valid for 3 years from date of issue.
12. Winners of the Crocs Prize, Airbnb Prize and the iPhone Prize: Winners of the Crocs Prize, Airbnb Prize and the iPhone Prize will be selected by random draws conducted by an independent auditor on 31 January 2024. The flavour submissions will be evaluated by the Promoters and only participants with the correct guesses will qualify for the random draw. The potential winners of the Crocs Prize, Airbnb Prize and the iPhone Prize will be notified within 2 weeks of the relevant prize draw taking place via SMS or WhatsApp and phone call using the number that the potential winners used to enter into the Competition and will be subject to a verification process where they will be required to provide their full name, surname, date of birth, contact details and daytime delivery address details and complete a verification document subject to the timelines that will be provided by the Promoters. If verification is successful, the potential winners will be declared official winners and a confirmation email will be sent to the winners. In addition, the winners will be required to sign and return to the Promoters, within five (5) days of the date notice is sent, an acknowledgement of prize and indemnity form ("Declaration") to claim their prize and to fulfil any such other requirements as determined by the Promoters. If a potential winner fails the verification process for whatsoever reason or a winner fails to send the complete Declaration within the timeline communicated, such person will be disqualified and shall not receive the prize, and a replacement draw, and winner will take place. Delivery of the prize will be made via courier within 21 (twenty-one) days of the winner being declared an official winner. Should a verified winner not be available to sign for the delivery at the provided address only 1 further delivery attempt will be made. Should the winner fail the second delivery attempt, the prize will be immediately forfeited by the winner and subject to a re-draw.
13. If the Promoters (whether directly or through their agencies) are unable to contact or reach a potential winner on his or her mobile number used to enter into this Competition after drawing his or her entry for whatever reason within 48 hours from the date of first notification as set out in these Terms and Conditions or if an official winner cannot be contacted within 48 hours from the date of being declared an official winner to collect or to arrange the delivery of a prize to the winner or a winner fails to redeem a voucher prize within 1 (one) month of being notified, or if a winner forfeits a prize for any reason, or if a person is not eligible to enter into this Competition, or if a potential winner fails the verification process after drawing his/her entry for whatsoever reason or if a potential winner or official winner fails to provide any required information within the timelines stipulated or if a winner refuses to accept a prize or refuses or fails to sign and send to the Promoters the acknowledgement of receipt of the prize, then such person will immediately forfeit their chance to win the prize or the prize and will be immediately disqualified from this Competition and an alternate potential winner from all remaining eligible entries (up to 3 (three) alternate potential winners will be permitted) will be drawn. If the alternate potential winner/s are disqualified for whatever reason, the applicable prize will not be awarded, and the Promoters will decide what to do with the unawarded prize at their sole and absolute discretion.
14. The selection of the winners for the prizes is final and binding in all matters related to the Competition. The Promoters reserve the right to carry out audits in respect of any potential winner of this Competition to verify his or her eligibility and/or the validity of his or her entry.
15. The correct flavour of the participating product will be disclosed on 25 January 2024 (date is subject to change), on the Fanta® South Africa social media accounts.
16. Participants may enter the Competition subject to the following:
a. No automated entries will be allowed and all entries must be made by a natural person manually as per the entry mechanic described above.
b. If any entry was made in a manner which in the Promoters’ discretion provides the participant with an unfair advantage over other entrants, such a participant will be disqualified from this Competition.
c. Participants may enter this Competition more than once but limited to 48 times provided they complete the entry mechanics set out above each time. However, participants are only eligible to stand a chance to win 1 (one) prize under this Competition.
d. The Promoters shall not be responsible for any lost, damaged, delayed, incorrect or incomplete entries for any reason whatsoever including but not limited to any network, computer or cell phone hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
e. The Promoters shall not be responsible for the failure of any technical element relating to this Competition that may result in an entry not being successfully submitted.
f. The Promoters reserve the right to disqualify any claim if fraud or cheating is suspected, including without limitation, through the manipulation of code or otherwise frequently falsifying data.
17. The prize winners are obligated to behave responsibly and comply with these Terms and Conditions and all reasonable requests of the Promoters and their agents.
18. The Prizes are not transferable or redeemable for cash or any other item.
19. All participants and the winners, as the case may be, indemnify the Promoters, the Promoters’ advertising agencies, advisers, nominated agents, partners, suppliers and bottlers of beverages identified by the trademarks owned by or licensed to The Coca‑Cola Company, its’s affiliates and/or associated companies, against any and all claims of any nature whatsoever arising out of and/or from their participation in any way howsoever in this Competition (including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of the Promoters and/or receipt and/or use of the prize).
20. Publicity: The Promoters may require the winners to be identified, photographed and published in printed media, or to appear on radio and television or on social media platforms or other platforms, when accepting their prize or after having received their prize. The winners will be given the opportunity to decline to the publication of their images and to participate in the Promoters’ marketing material in so far as it relates to the Competition.
21. By entering into this Competition, each participant hereby consents and irrevocably grant to the Promoters, a world-wide, royalty free (free from any other fee or charge), perpetual and non-exclusive license, to reproduce, modify, adapt, use and publish any content posted and/or submitted by the participant on any social media platform in relation to the Competition or the prizes, for any purposes including the promotion of the products and services of the Promoters or affiliates of the Promoters without notice or any compensation to the participants.
22. Data Privacy: Data Privacy: All personal information of the participants will be Processed* (as defined below) in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and shall be subject to CCA’s Privacy Policy found at https://www.coca-cola.com/za/en/legal/privacy-policy. The participants’ personal information collected in this Competition will be collected via the entry mechanic above and will be accessed by all the Promoters for the purposes of this Competition. The personal information will be retained for the duration of this Competition and for additional 5 (five) years from the end date of this Competition to comply with applicable laws. By entering into this Competition, participants acknowledge and understand that: (a) it is mandatory for all participants to provide their personal information in order to participate in this Competition failing which the participants will not be able to enter into the Competition; (b) the participants’ personal information shall be used for the purposes of processing their entry into this Competition and additional purposes as detailed in CCA’s Privacy Policy found here: https://www.coca-cola.com/za/en/legal/privacy-policy.The additional personal information of the potential winners of a prize shall be used to verify the details and identity of the potential winners and to deliver or arrange for collection of the prize if they are declared official winners; (c) The Coca‑Cola Company and its affiliates (including CCA, subsidiaries, its bottlers and joint ventures) may contact the participants via email, SMS, social media platforms and through other platforms to deliver marketing communications regarding their products and promotional activities, subject to the participant’s prior consent and in accordance with the provisions of POPIA; (d) they hereby consent to CCA transferring the participants’ personal information outside the Republic of South Africa. Any data transfers to countries that do not offer an adequate level of protection are subject to appropriate safeguards in accordance with the POPIA, to guarantee that participants’ personal information is adequately protected, including standard.
*Process or Processed or Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including: (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of information.
23. The Promoters may require the winners to complete and submit an information disclosure agreement and indemnification to enable the Promoters to ensure compliance with these Terms and Conditions and the Consumer Protection Act 68 of 2008. Should any winner refuse or be unable to comply with this rule for any reason, such a winner will be deemed to have rejected the Prize and it shall revert back to the Promoter.
24. In the event of unforeseen circumstances or causes beyond the Promoter’s/Promoters’ reasonable control, the Promoters reserve the right to cancel this Competition, to change the number or nature of the prize at any time, or to change the Terms and Conditions at their discretion.
25. All queries relating to the Competition can be directed to the Coca‑Cola Customer Care Line on 0860 112 526. A copy of the Competition rules is available at no cost to the participants and can be downloaded in printable form at https://www.coca-cola.com/za/en/legal/terms-and-conditions-What-The-Fanta
26. These Terms and Conditions and the Competition will be governed by and construed in accordance with the laws of the Republic of South Africa.