1.1. Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below, shall bear the corresponding meanings:
1.1.1. Competition – Book a local cruise, win a local cruise as promoted by Promoter; CPA – the Consumer Protection Act 68 of 2008 (as amended);
1.1.2. Eligible Entrant – a South African citizen who is resident in South Africa and who is over the age of 18 (eighteen) years old;
1.1.3. Platforms – the social media platforms of the Promoter including but not limited to Instagram, Facebook and Twitter;
1.1.4. Prize/s – Offer/promotion is via booking and paying for any MSC Local Cruise before 31 March 2020 for the current cruise season (last cruise date 14 April 2020). In doing so, you will be automatically entered into the competition to win a Local 3 night cruise in an inside cabin on board an MSC Cruise for 2 people for the new cruise season (Nov 2020- Apr 2021). Valid for all new bookings made only.
1.1.5. Promoter – the promoter of the Competition is Flight Centre Travel Group Proprietary Limited, Registration Number 1994/000253/07 a company registered and incorporated in accordance with the laws of the Republic of South Africa;
1.1.6. Promotional Period – entry into the Competition opens on 01 February 2020 to 31 March 2020. Winners will be announced 30 April 2020;
1.1.7. Terms and Conditions – these terms and conditions, together with all annexures and addenda hereto;
1.1.8. Winner/s – an Eligible Entrant who wins the Prize in respect of this Competition.
2. ELIGIBILITY AND ENTRY
2.1. The Competition is open during the Promotional Period to Eligible Entrants.
2.2. Entry to the Competition is free.
2.3. In order to enter the Competition, an Eligible Entrant is required to:
2.3.1 Book and pay for any MSC Local Cruise before 31 March 2020 for the current cruise season (last cruise date 14 April 2020). In doing so, you will be automatically entered into the competition to win a Local 3 night cruise in an inside cabin on board an MSC Cruise for 2 people for the new cruise season (Nov 2020- Apr 2021). Valid for all new bookings made only.
2.4. The names entered in the Competition must correspond with the names on the Identity Document and passport of the Eligible Entrant.
2.5. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Entries received will be considered final by the Promoter.
2.6. Entries must be received by the Promoter during the Promotional Period.
2.7. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid and thus disqualified.
2.8. The employees of the Promoter and their immediate families are not permitted to enter the Competition.
3.1. By entering the Competition all Eligible Entrants and Winners agree to be bound by these Terms and Conditions
3.2. These Terms and Conditions will be interpreted by the Promoter, in its sole and absolute discretion and its decision regarding any dispute will be conclusive, final and binding and will not be challenged on any grounds, including without limitation, the grounds that the Promoter failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles or procedural fairness.
3.3. By entering this Competition the Eligible Entrant agrees to receive promotional offers from the Promoter.
3.4. The Promoter reserves the right to amend the Promotional Period of this Competition at any time.
4. PARTICIPATION AND PRIZE
4.1. The judges’ decision is final and no further correspondence will be entered into.
4.2. The Winners of this Competition shall be chosen in accordance with the requirements and procedures of the CPA.
4.3. The Prize will be awarded and the Winners will be notified telephonically or via e-mail within 1 (one) week after the Promotional Period, on the mobile number or e-mail address that such Winner entered this Competition with. Delivery of the Prize will be arranged by the Promoter upon receiving valid verification from the Winners.
4.4. The Prize is not transferable and can only be issued in the Winner’s name. Furthermore, the Prize is subject to availability and cannot be exchanged for cash.
4.5. The Promoter reserves the right to substitute the Prize with any other prize of equal value to the Prize offered herein, at its sole and absolute discretion.
4.6. The Winner is responsible for paying for all additional expenses, including transportation to and from the airport, flights and all incidental expenses incurred.
4.7. All items of a personal nature, meals not mentioned, medical and travel insurance, spending money, visas, taxes, approximate taxes, city taxes and any extras shall be for the Winner’s account.
4.8. The Promoter will assist the Winner as much as is practicable to ensure the Prize is taken according to these Terms and Conditions. The Winner needs to sign all documentation as required.
4.9. The Promoter reserves the right to disqualify any Winners if they do not respond to a telephone call and e-mail sent to them within 24 (twenty four) hours of notification thereof, and, in such event, a replacement Eligible Entrant from the competition entries will be chosen as the Winner.
4.10. In such circumstances, the replacement entrant shall be contacted by the Promoter by telephone and e-mailed as soon as reasonably practicable and shall be required to respond to the Promoter in the manner set out in such e-mail.
5. COMPETITION CONDITIONS
5.1. The Promoter shall not be liable for any disruption to the Competition, whether due to technical problems or otherwise, which is beyond its reasonable control. In the event of any disruption to the Competition the Promoter shall use its reasonable endeavours to remedy any disruption and resume the Competition on a fair and equitable basis to the Eligible Entrants.
5.2. The Promoter reserves the right to cancel or amend the Competition or these Terms and Conditions for reasons outside of its reasonable control. In the event of such cancellation, the Eligible Entrant agrees to waive any rights, interests and expectations that he/she may have in terms of the Competition and acknowledges that he/she will have no recourse against the Promoter.
5.3. Any breach of the Terms and Conditions may, at the Promoter’s absolute discretion, result in forfeiture of any Prize.
5.4. This Promotion is in no way sponsored, endorsed or administered by, or associated with the Platforms.
6. PERSONAL DATA AND PRIVACY
6.1. The Eligible Entrant will be asked to provide their full name, phone number, e-mail address and age and other related information.
6.2. The Promoter and its affiliates shall collect and will use your personal data listed hereby in order to enable your participation in this Competition and on the Platforms. The storage and use of your personal data always occurs in accordance with the applicable data protection regulations.
6.3. The Promoter keeps the data to fulfil the purposes for which it was collected or as required by applicable laws or regulations.
6.4. The Promoter will not use the Eligible Entrant’s informationfor a different purpose without first asking permission to do so. The Promoter may however share the entrant’s personal information with any of its subsidiaries worldwide, or with authorized third parties.
6.5. The Promoter does not allow third parties to use yourpersonal information for a different purpose.
6.6. The Promoter treats all information collected asconfidential.
7. OWNERSHIP AND PUBLICITY
7.1. By providing a submission, you grant the Promoter and its affiliated companies the right, except where prohibited by law, to use your name for competition purposes in promoting or publicising the Competition, including the right to name the Winners of the Prizes in public.
7.2. The Promoter, however, does not have any obligation to use the entries for any purpose.
7.3. The Winners hereby agrees to allow the Promoter’s, to require the Winners to be identified and the photograph/s taken and published in printed media, or to appear on radio and television, and various online channels when accepting their Prizes.
7.4. Details of the Winners may also be announced on the Promoter’s website and any other media properties that it chooses. The Promoter, acting reasonably, retains the right to delay the timing of the publication of the Winners of the Competition.
7.5. By entering this Competition, the Promoter reserves the right to communicate with you at any given time during and after the Competition and you may opt out or de-register at any time.
All Eligible Entrants and Winners hereby indemnify the Promoter, its advertising agencies, advisers, suppliers, and nominated agents against any and all claims, damages or loss howsoever arising, including but not limited to wilful misconduct or negligent acts or omission arising from their participation in this Competition.
9. RELEASE OF LIABILITY
9.1. The Promoter shall not be liable for any loss, damage or consequential damage of any nature in contract, including negligence or otherwise caused by acceptance of these Terms and Conditions in connection with the Prize (to the extent permissible by law).
9.2. This condition does not affect, and is not intended to affect, any rights an Eligible Entrant, as a consumer might have, which cannot be excluded under applicable consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any such rights is limited to the payment of the cost of having the Prize supplied again.
9.3. To the extent permitted by law, the Promoter is not responsible for:
9.3.1. inaccurate/incorrect transcription of entry information;
9.3.2. the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
9.3.3. unauthorised human intervention in any part of the Competition;
9.3.4. electronic or human error which may occur in the administration of the Competition;
9.3.5. any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its employees or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a Winner and, where applicable, to any family/persons accompanying a Winner; or;
9.3.6. any personal injury or damage to persons or property suffered, including to the Eligible Entrant or any other person's computer related to, or resulting from, participation or downloading any materials in this Competition.
9.4. Any entries found to be duplicate or fraudulent will result in the entrant being excluded from the Competition.
9.5. By participating, all Eligible Entrants release the Promoter, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Competition from any and all liability with respect to and in any way arising from participation in this Competition, acceptance or use of Prizes.
9.6. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries.
9.7. The Promoter is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to the entrant’s or any other person’s computer relating to or resulting from participation in this Competition or downloading any materials in this Competition.
9.8. Eligible Entrants agree that the Promoter and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever, and will be held harmless by the Winners for any injuries, losses or costs or damage of any kind resulting in whole or in part, directly or indirectly from acceptance, possession, misuse or use of the Prizes or parts thereof, or from participation in this Competition.
9.9. In no event will the Promoter be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, or for travel expenses, lost profits, revenues or business opportunities, even if the Promoter has been advised of the possibility of such damages.