ILeaf TV Promo Subscribe & Win Terms and Conditions (the “terms and conditions” or the “Official Rules”)

These Terms and Conditions are effective as of (0:01 on 1 April 2023) 

NOTE:

  1. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Akinga Vertical Service Provider and New Leaf Partners Africa together referred to as the (“Promoters”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoters and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoters may also have claims and other rights against you.
  2. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the “Consumer Protection Act”), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
  3. Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.

SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE CLAUSES 2, 3, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 AND 20.

  1. Introduction

Telkom customers who subscribe to the ILeaf TV (http://ileaf.tv)  will be eligible to participate in promotions over the course of the defined period and stand the chance of winning prizes (the “Competition”).

  1. Duration

The Competition begins at 00:01 GMT+2 on (1 April 2023) and ends at 11:59 GMT+2 on (31 August 2023)(the “Competition Period”).

  1. Who is Eligible?

3.1. To be eligible for the Competition, the entrants must be:

3.1.1. A Telkom subscriber (PayAsYouGo, TopUp or Contract);

3.1.2. a South African citizen.

3.1.3. subscribed (and billed) to iLeaf TV, the subscription costs R5.00 (Five Rands) per day;

3.1.4. subscribed to iLeaf TV for the duration of the Competition Period 3 months with 1 month successfully billed @ R5 per day.

3.1.5. a natural person; and

3.1.6. 18 (eighteen) years or older.

3.2. Participation in the Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoters or marketing service providers of the Promotion and the spouses, life partners, immediate family members or business partners of the people or entities listed above.

  1. How to Enter (Subscribing to the ILeaf TV Campaign Service)

Users can subscribe to the service by: 

4.1. Go onto http://ileaf.tv  

4.2. Dialling direct USSD dial string *179*102# and follow prompts to subscribe

4.3. A welcome SMS will be sent to user with a link to access the service 

  1. Unsubscribing from the iLeaf TV Promotional Service

Users may unsubscribe from the Competition via http://ileaf.tv  or by dialling the USSD string *179#

  1. Prizes:

6.1. At the end of the Competition Period, winners will be drawn 

  1. Winner First : 1x iPhone 14 Pro Max to the Value of R30 000 ; 1x Louis Vuitton Catwalk Book to the Value of R2200; 1 x R2000 Cash prize.
  2. Second runner up: 1 x Khanyisa Malabi A Culinary Storyteller Book to the Value of R650; 1 x R2000 Cash Prize.
  3. Third runner up: 1 x R2000 Cash Prize
  4. Runners up four: 1 x R2000 Cash Prize
  5. Runners up five: 1 x R2000 Cash Prize

6.2. No transfer, or other substitution of prizes allowed except that the Promoters reserves the right, in its sole and absolute discretion, to substitute a prize or prize component of comparable or greater value. The prizes will be delivered within 8 (eight) weeks from the end of the Competition Period. The Promoters will not replace any lost or stolen prizes once in the winner’s possession.

  1. Prize Conditions:

7.1. Except where prohibited by law, a potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, (“Affidavit/Release”). Potential prize winners may also be required by provide the Promoters with their player name, Real ID, User ID, friend codes, and/or the platform they use in order to claim his/her prize. Such documents must be signed and returned by the date and/or time indicated within such documents. If the documents are not signed and returned within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with these Official Rules, each as determined by the Promoters in the Promoters’ sole discretion, then the potential winner will be disqualified, and an alternate potential winner will be selected based on the winning criteria. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. The Promoters will not be responsible for fraudulent calls or emails made to entrants not by the Promoters. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winners also are subject to verification prior to awarding of prizes.

  1. Applicable rules for participation

8.1. The winners will be contacted within 7 (seven) days after the end of the competition and will be tried for a maximum of 3 (three) attempts over a 72 seventy-two) hour period. The finalists will be contacted on the MSISDN on which they subscribed. If the potential finalists cannot be reached during the 72 (seventy-two) hour period in which he/she is contacted such potential finalists will be disqualified and an alternate finalist will be selected using the same qualifying criteria described above from among the remaining applicable eligible entries received. 

8.2. The return of a potential finalist’s notification, prize information, or the prize as undeliverable or rejection of the prize by the potential finalist’s notification, prize information, or the prize as undeliverable or rejection of the prize by the potential finalist will result in disqualification of the potential finalist and an alternate potential finalist will be selected pursuant to the qualifying criteria. 

8.3. The Promoters reserves the right to modify the notification procedures in connection with the selection of any alternate potential finalists/winner, if any. 

8.4. In the event of a dispute about the identity of an entrant, each entry will be declared made by the authorized account holder of the MSISDN associated with the potential finalists/winner’s entry. The authorized account holder is defined as the natural person who is assigned by TELKOM as a subscriber to the network. 

8.5. With respect to each final/winning entry, the winner/finalist may be required to provide proof that the finalist/winner is the authorized account holder of the SIM card / MSISDN associated with the qualifying/winning entry and is otherwise eligible to enter the Competition.

  1. Taxes:

9.1. All applicable South African tax liabilities (including income taxes), if any, and other incidental costs or expenses not identified in these rules are the sole responsibilities of the winners.

  1. Release:

10.1. By participating in the Competition, entrants agree to release, indemnify, defend and hold the Promoters, and its parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Competition harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Competition or acceptance or use of a prize or parts thereof, including without limitation – 

10.2. any condition caused by events beyond Releasees’ control that may cause the Competition to be disrupted or corrupted;

10.3. any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Competition; and 

10.4. any printing or typographical errors in any materials associated with the Competition.

  1. Publicity Release:

11.1. Except where prohibited, an entrant’s participation in the Competition constitutes consent to the perpetual, worldwide, royalty-free use of his/her name, photo, and/or likeness, biographical information, entry, and statements attributed to him/her by any Releasee for advertising and promotional purposes, including without limitation, inclusion on the Promoters’ platform, in its e-mail blasts and any other media chosen by the Promoters without compensation or additional compensation.

  1. Privacy and Personal information:

12.1. The Promoters may collect personal data about entrants online and use such data in accordance with the Promoters’ privacy policies available on the Promoters websites (“Privacy Policies”) and as set forth in these Official Rules. The entrants should review these Official Rules and the Privacy Policies carefully. By participating in the Competition, entrants hereby agree to such collection and use of their personal information by the Promoters, either collectively or individually, and acknowledge that they have read and accepted these Official Rules and the Privacy Policies.

  1. Force Majeure:

13.1. Without limiting any other provision in these Official Rules, in the event that any of the entrant’s activities, Competition’s activities or the Releasees’ operations or activities are affected, as determined by New Leaf, in their sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal) labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, New Leaf shall have the right to modify, suspend, or terminate the Competition, and no Releasees shall be responsible or liable to any entrant or prize winner or any person claiming through such entrant or prize winner for failure to supply the prize or any part thereof. New Leaf is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.

  1. Miscellaneous:

14.1. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Promoters’ failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Competition-related materials and these Official Rules, these Official Rules shall prevail, govern, and control and the discrepancy will be resolved in the Promoters’ sole and absolute discretion.

  1. RICA

15.1. In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate you as a customer on the TELKOM network. 

15.2. TELKOM is obliged by law not to activate your SIM card on the TELKOM network if you have not complied with the RICA registration requirements. 

15.3. By law, if a SIM card is lost, stolen or damaged, you are required to immediately notify the South African Police Services in writing. You will also have to immediately notify TELKOM and request the SIM card to be suspended. 

15.4. If you wish to transfer/sell your SIM card to another person (other than a family member), you are required to contact your Service Provider to report such a transfer to Telkom, and TELKOM is required by law to deactivate the SIM card. Before the new holder of the SIM card can use the SIM card, they must provide proof of their full names, surname, Identity Document number and residential address to an approved TELKOM RICA officer to register them as a customer on the TELKOM network. Once they have complied with RICA, and the RICA information is received by Telkom, TELKOM will reactivate the SIM card. 

15.5. If you change ownership to a third party, the Competition is not transferable. 

15.6. Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider or see www.telkom.co.za for details. 

  1. Modification of Terms and Conditions

16.1. TELKOM reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotional Offer, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you. 

16.2. See www.telkomplus.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the abovementioned website or elsewhere in any media. 

16.3. TELKOM reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. TELKOM will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify TELKOM against any damage or loss you may sustain as a result of possession and/or use of the SIM card, TELKOM network services, or any error, delay, failure or non-availability of the service. Visit www.telkom.co.za regularly for notice, updates and/or changes to services. 

16.4. TELKOM reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion. 

16.5. As changes will be posted on www.telkomplus.co.za your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly. 

  1. Limitation of Liability

17.1. Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 17.1.1 to 17.1.5 below, TELKOM will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect): 

17.1.1. if TELKOM does not supply or deliver any device or SIM card/s on the required date or time; or 

17.1.2. if the TELKOM network services are interrupted, suspended, or cancelled, for whatever reason; or 

17.1.3. if TELKOM does not suspend the provision of the TELKOM network services to you after you have specifically requested TELKOM to do so; or 

17.1.4. if the loss or damage was caused by any negligent act or failure to act by TELKOM, its employees or agents; or 

17.1.5. as a result of the use of any device supplied to you by TELKOM relating to this service. 

17.2. This clause 17 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which TELKOM gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or

  1. General

18.1. TELKOM, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and the Promoters assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of a person receiving the prize and/or the terms and conditions of this Competition. Furthermore, you will be solely responsible for all products used by you. Accordingly, TELKOM, and the Promoters, take no responsibility for any loss or damage, or any TELKOM airtime associated with the SIM card and/or cellphone number. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons participating in the Promotion hereby expressly indemnify TELKOM and Promoters in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.

18.2. See www.telkom.co.za for the Competition rules and updated terms and conditions from time to time. Any changes to rules and/or terms and conditions are effective from the date that they are published on the website or elsewhere in any media.

18.3. Promoters shall be entitled to terminate the Competition if any entrant is involved in any fraudulent activity or suspected fraudulent activity.

18.4. By participating in the Competition, each entrant acknowledges that he/she has read these Official Rules and agrees to be bound by them and by the decisions of the Promoters, which are final and binding on all matters pertaining to the Competition. 

18.5. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. The Promoters reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Competition in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Competition is compromised. 

18.6. The Promoters reserves the right to disqualify any entrant or winner, as determined by the Promoters, in its sole discretion and without liability to the entrant or winner. 

18.7. The Competition is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations. 

18.8. The Competition is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Competition, including the rights and obligations of the entrant and New Leaf in connection with the Competition, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the South Africa without giving effect to any choice of law or conflict of law rules (whether South Africa or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than South Africa . Any legal actions, suits or proceedings related to the Competition (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the courts located in South Africa and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Competition. 

18.9. The Prizes or any part thereof shall not be transferrable.