Terms and Conditions (“Rules”): Herbalife Breakfast Pre-Campaign Competition (“Competition”)

  1. Promoters’ name and address

The promoter of this Competition is Herbalife International South Africa Limited and/or its agencies (collectively, the “Promoters”), having its place of business at Building 32 (Ground Floor), The Woodlands, Woodlands Drive, Woodmead, Sandton, 2191, South Africa (“Promoters’ Address“).

  1. Competition Period

This Competition will start at 10am on 31 July 2017.  The closing date for this Competition will be 5pm on 14 August 2017 (“Competition Period”). No entries will be permitted after the end of the Competition Period.

  1. How to participate

    • 3.1 In order to enter this Competition, and stand a chance of winning the Prize(s) (as set out more fully below at clause 5 below), eligibile entrants, using their valid Facebook® profile, are required to access the official Herbalife South Africa Facebook® Page (“Herbalife Facebook® Page“) and follow the link provided to the website myherbalifebreakfast.co.za (“Herbalife Website”). Alternatively, eligible entrants may access the Herbalife Website directly.  
    • 3.2 Once on the Herbalife Website, eligible entrants will be required to fill in the required personal information, post their story and upload a photograph, as contemplated in clause 3 below, by following the instructions on the Herbalife Website.
    • 3.3 Subject to the provisions of clause 4 below, the entrant’s story must express what the entrant loves about their “Herbalife Breakfast” and what Herbalife Breakfast products the entrant loves most (“Story“). Entrants are also required to upload a photograph of him/herself enjoying their Herbalife Breakfast moment (“Photo“). 1 (one) Story and Photo will equate to 1 (one) entry into the Competition. Eligible entrants may only submit 1 (one) entry to this Competition.
    • 3.4 All Herbalife nutrition product claims must be in line with South African foodstuffs regulations. In this regard, Herbalife products are classified as foodstuffs and are therefore not designed to alleviate any medical conditions. This means that entrants should avoid using words such as ‘prevent’, ‘diagnose’, ‘treat’, or ‘cure’, as those terms are associated with medicines and cannot be used when referring to Herbalife products. References to specific medical conditions are not permitted, for example, diabetes, osteoporosis, headaches, migraines, pregnancy, digestive disorders, etc. These terms/claims should never be used, even when giving verbal product stories. Please refer to the relevant Herbalife product brochure, or visit www.myherbalife.com to find out more about product information that can be used when submitting the Story and Photo.
    • 3.5 No Stories that contain derogatory, offensive, crude, discriminatory, racist, sexist remarks and/or political views will be accepted. Similarly, no Photos that are offensive, crude or otherwise unacceptable in the sole discretion of the Promoters will be accepted. Any entrant who does not abide by these standards will have their Story and Photo deleted, the Story and Photo will be disregarded and the entrant disqualified.

  2. Selection of the winner[s]

    • 4.1 10 (ten) winners will be selected and judged by a combination of the following:
      • 4.1.1 the quality of the Story expressing what the entrant loves about their Herbalife Breakfast;
      • 4.1.2 authenticity of the Photo of him/herself enjoying their Herbalife Breakfast moment; and
      • 4.1.3 the list of the favourite Herbalife Breakfast products.
    • 4.2 The announcement of winners will take place on 17 August 2017 at the Promoters’ Address by means of a Facebook® message and/or other means of communication as may be determined by the Promoters.
    • 4.3 The Promoters may require the winners and/or any entrant (at no fee) to be identified, photographed, filmed and the a foregoing to be published in any media, subject to the winner’s or entrant’s right to decline participating in any such marketing activities. For purposes of the aforesaid, the the winners and/or any entrant must be available between the 21 August 2017 and 8 September 2017 for a photoshoot. If a winner or entrant so declines, notice thereof must be submitted to the Promoters in writing.
    • 4.4 The Promoters’ decision will be final and binding and no correspondence will be entered into.

  3. Prizes

    • 5.1 4 (four) eligible entrants each stand a chance of being selected to feature in the “Herbalife Breakfast Campaign National Advertising Campaign” and will receive a prize to the value of R3,000.00 (three thousand Rand).
    • 5.2 6 (six) eligible entrants each stand a chance of winning a “Herbalife Breakfast Hamper” valued at R1,000.00 (one thousand Rand).
    • 5.3 14 (fourteen) additional eligibile entrants each stand a chance of being selected to be featured on the Herbalife Website, Herbalife Facebook® Page or on any other media as may be determined by the Promoters during the period 21 August 2017 to 7 February 2018 in relation to the “Herbalife Breakfast Campaign National Advertising Campaign”.
    • 5.4 The Promotor reserves the right to substitute any Prize with another prize of similar value.
    • 5.5 The Prize is non-transferable and any additional costs and/or expenses, are at the winners own discretion. The winners are responsible for all applicable taxes and expenses not specified in the description of the Prizes above.
    • 5.6 Insofar as entrants are featured in the “Herbalife Breakfast Campaign National Advertising Campaign” and/or on the Herbalife Website and/or on the Herbalife :
      • 5.6.1 expressly consent to the Promoters making use of such entrants’ Story, Photo and/or any material (including any images and/or sounds) feauturing such entrants in any media (for example, television, film, photograph, video tape, etc.) (“Material“), including any reproduction or adaptation thereof, and the broadcast thereof, for the purposes of the “Herbalife Breakfast Campaign National Advertising Campaign” and/or on the Herbalife Website and/or on the Herbalife Facebook® Page or otherwise;
      • 5.6.2 expressly consent to the Promoters making use of such entrants’ name, image, likeness, any photograph, voice, sobriquet and signature for any purpose whatsoever;
      • 5.6.3 expressly consent to the Promoters having the sole and exclusive right to use, exploit, publish, reproduce, perform or otherwise deal with all Material for or in connection with the marketing, promotion, distribution, production and sales related to the business of the Promoters, and in particular, the “Herbalife Breakfast” range, in perpetuity and throughout the world;
      • 5.6.4 waive any moral rights that such entrants may have in relation to the Material and any publication thereof;
      • 5.6.5 expressly consent to the Promoters altering, adapting, making additions to or otherwise edit the Material at their sole discretion; and
      • 5.6.6 to the extent necessary, expressly consent to the assignment, transfer and cession of all such entrants’ rights, title and interest in and to the Material to the Promoters, free of charge.

  1. Restrictions and Requirements

    • 6.1 The Promoters, their directors, members, partners, employees, agents, consultants, any other person who directly or indirectly controls or is controlled by them or any supplier of goods and services in connection with this Competition and their spouses, life partners, parents, children, siblings, business partners or associates are not eligible to participate in or enter this Competition.
    • 6.2 In order to be eligible for participation in this Competition, an entrant must be:
      • 6.2.1 18 (eighteen) years of age or older or, if younger than 18 (eighteen) years, be assisted to the extent necessary by a parent or legal guardian;
      • 6.2.2 willing to provide the Promoters with their personal information including, but not limited to, full name/s and surname, identity number, age, physical/residential address and mobile telephone number;
      • 6.2.3 available between the 21 August 2017 to 8 September 2018 for a photoshoot that will be featured in the “Herbalife Breakfast Campaign National Advertising Campaign”, subject to the entrant’s right to decline such participation;
      • 6.2.4 be in possession of a valid South African identity document or passport;
      • 6.2.5 a citizen or permanent resident currently living in South Africa or a foreigner legally residing in South Africa; and
      • 6.2.6 undertake to abide by these Rules, failing which the winner shall forfeit the prize on the grounds of ineligibility.  Each entrant represents and warrants that by entering in or participating in this Competition, he/she has full eligibility to do so. The Promoters reserve the right to request proof that entrants have met any or all of the above eligibility requirements.

  1. Notification of the results and receipt of the Prizes

    • 7.1 In respect of the Competition, the Promoters will notify the winners by means of a private Facebook® Message and/or other means of communication as may be determined by the Promoters, on or about 17 August 2017.
    • 7.2 The names of the winners of the Competition will be published on the Herbalife Website and/or the Herbalife Facebook® Page, by 17 August 2017.
    • 7.3 Winners will be required to provide certain personal information to the Promoters in order to redeem the Prize. If the winner fails or refuses to provide such information or is unresponsive to any communication from the promoter within 48 (forty-eight) hours of being contacted by the Promoters, the Prize will be forfeited and the Promoters reserve the right to select another winner.

  2. General

    • 8.1 The Competition is in no way sponsored, endorsed or administered by, Facebook®. Facebook® is completely released of all liability by each entrant in the Competition. Entrants will be providing information to the promoter and not to Facebook®.
    • 8.2 By entering this Competition and/or accepting any prize, all participants, entrants and winners agree to be bound by the Rules applicable to this Competition.
    • 8.3 Copies of these Rules are available on the Herbalife Website.
    • 8.4 You may not participate in this Competition if you do not agree to be bound by the Rules and if you enter this Competition or participate in this Competition in any way, doing so will be confirmation that you agree to these Rules.
    • 8.5 The Promoters may, in their sole discretion, amend these Rules at any time, without notice, and such amendment(s) shall be deemed to have taken effect from the date of publication of the revised Rules on the Herbalife Website.
    • 8.6 Nothing in these Rules will limit the Promoters’ liability for death or personal injury caused by its negligence or for fraud.
    • 8.7 In the event of a dispute, the decision of the Promoters will be final and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoters shall be entitled to deal with such disputes (or any failure by participants to follow the Rules) in its sole discretion, including that the Promoters shall be entitled, in addition to any other rights which it may have in terms of these Rules, to immediately disqualify participants from this Competition. By entering the Competition and/or accepting any prize, the entrants, users and/or winners hereby indemnify, release and hold harmless the Promoters (including its subsidiaries, holding companies and affiliates), their directors, employees, agents, suppliers and contractors (collectively, the “Promoter Parties”) from and against any actions, claims and/or liability for injury, loss, damage, expense, claim or damages of any kind resulting in whole or in part, directly or indirectly, from participation in the Competition, and/or the use, acceptance or possession of a prize, and/or participation (or non-participation) in a prize-related activity.
    • 8.8 Entrants who, in the Promoters’ sole determination, act unlawfully, fraudulently, in breach of these Rules or otherwise dishonestly may be disqualified from participating in the Competition and shall not be eligible to win any Prize.
    • 8.9 The Promoters reserve the right to terminate the Competition at any time with immediate effect. If this is the case, the Promoters will provide a notice on the Herbalife Website and/or Herbalife Facebook® Page and it shall be the responsibility of entrants to review such Herbalife Website and/or Herbalife Facebook® Page in this regard. In such event, all entrants hereby waive any rights which they may have against any of the Promoter Parties and acknowledge that they will have no recourse or claim of any nature against the Promoter Parties.
    • 8.10 The Promoters are not liable for any technical failure that may result in an entry not being successfully submitted. Any Prize is accepted by a winner at his/her own risk and the promoter is not liable, at any time, for any defect in the Prize.
    • 8.11 The duration of this Competition may also be extended or curtailed at the sole discretion of the Promoters. If this is the case, the Promoters will provide notice of this on the Herbalife Website and/or Herbalife Facebook® All Competition queries must be directed to [email protected] between 08:00 and 16:00 on weekdays.