Terms and Conditions

Halloween Hamper Competition 2014

Terms and Conditions

1. By entering the “Halloween Hamper Competition 2014”, all participants agree to be bound by these terms and conditions.

2. This competition is in no way sponsored, endorsed or administered by, or associated with Facebook (“FACEBOOK”). Any correspondence regarding this competition must be directed to New Clicks South Africa PTY LTD trading as Musica and not to

3. All information collected pursuant to the competition is collected by New Clicks South Africa PTY LTD trading as Musica and not by FACEBOOK. By submitting your information to New Clicks South Africa PTY LTD trading as Musica, you consent to New Clicks South Africa PTY LTD trading as Musica using your information in connection with the competition.

4. In order to be eligible to enter the competition, a participant:

4.1 must be at least 18 years old and residing in the Republic of South Africa;

4.2 must have a valid e-mail account; and Facebook profile

4.3 must answer the Halloween related question, “What is the scariest movie you have ever watched, or your favourite scene from a terrifying movie?” on Facebook in the “comment section” or “posts to page section” only, before 30 October at 2pm.

5. All participants who meet the eligibility requirements set out above will automatically be entered into the competition.

6. The following persons and entities are not eligible to participate in the competition:

6.1 directors, members, partners, employees, agents of or consultants to New Clicks South Africa PTY LTD trading as Musica Group Limited, its subsidiaries, divisions and/or associated companies (“New Clicks South Africa PTY LTD trading as New Clicks South Africa PTY LTD trading as Musica”) or any other person who directly or indirectly controls or is controlled by New Clicks South Africa PTY LTD trading as Musica, and their spouses, life partners, immediate family members and business partners;

6.2 directors, members, partners, employees, agents of or consultants to the advertising and promotion agencies of New Clicks South Africa PTY LTD trading as Musica and their spouses, life partners, immediate family members and business partners.

7. The competition commences on 27 October 2014 at 4pm and closes on 30 October

8. One winner will be drawn by random selection from all eligible entries on 30 October 2014. The judges’ decision is final and no correspondence in this regard will be entered into. The winner will be announced on 31 October 2014.

9. The prizes for the competition are as follows:

9.1 The Halloween Hamper includes one pair of Skullcandy UPROCK headphones, model code: S5URFZ-390, Hannibal DVD, The Purge DVD, Paranormal Activity DVD, and Insidious 2 DVD. The prize is valued at R200 for four DVDs and R399,95 for the Skullcandy headphones, the total value of the prize is R599,95.

10. The prizes are not transferable and cannot be exchanged for cash or for any other item. If, for any reason, New Clicks South Africa PTY LTD trading as Musica cannot provide any of the prizes, New Clicks South Africa PTY LTD trading as New Clicks South Africa PTY LTD trading as will award an alternative prize of a similar value.

11. The winner will be required to provide New Clicks South Africa PTY LTD trading as Musica with proof of identification in the form of a copy of his/her identity document, passport, or South African driver’s licence.

12. Notification and delivery of prizes:

12.1 The winner’s contact details will be obtained from the New Clicks South Africa PTY LTD trading as Musica Facebook entry mechanism. Once contact details have been obtained via private Facebook message, the winner will be informed telephonically or by e-mail, on the working day after his/her name has been drawn, that he/she has won the prize.

12.2 New Clicks South Africa PTY LTD trading as New Clicks South Africa PTY LTD trading as Musica reserves the right to disqualify a winner if he/she does not respond to the notification, telephone call, or e-mail within 12 hours of being contacted, indicating that he/she accepts the prize. In such event, New Clicks South Africa PTY LTD trading as Musica will be entitled to select another winner immediately thereafter.

12.3 If a winner cannot accept a prize for any reason, that winner will forfeit his/her prize and another winner will be selected. In order to claim his/her prize, a winner may contact the New Clicks South Africa PTY LTD trading as Musica Customer Call Centre on 086 254 257 or via e-mail: queries@musica.co.za.

12.4 The Halloween Hamper will be couriered to the prize winner at no cost to the winner. The prize will be delivered within 10 working days of receipt of the customer’s delivery details.

13. The winners’ names will be published on New Clicks South Africa PTY LTD trading as Musica’ official Facebook and Twitter pages www.facebook.com/MusicaSouthAfrica and www.twitter.com/Musica_Africa.

14. Unless the winner specifically states otherwise, each winner agrees to participate in all promotional activity and hereby consents to New Clicks South Africa PTY LTD trading as Musica using his/her name, images and/or voice in any promotional material for the purpose of promoting the competition. No compensation will be payable for such use. The winner will have the right to withdraw his/her consent for the use of his/her name, images and/or voice prior to the use thereof by New Clicks South Africa PTY LTD trading as Musica in any promotional activity.

15. A copy of these terms and conditions will be available on the official New Clicks South Africa PTY LTD trading as Musica website with a link directed from the Facebook page and Twitter profile respectively: www.musica.co.za/terms; www.facebook.com/MusicaSouthAfrica, and www.twitter.com/Musica_Africa from 29 October from 4pm until 4 November 2014 at 5pm.

16. BY PARTICIPATING IN THE COMPETITION, YOU AGREE, SUBJECT TO APPLICABLE LAW, THAT NEITHERNEW CLICKS SOUTH AFRICA PTY LTD TRADING AS MUSICA, FACEBOOK, THE SUPPLIER/SPONSOR NOR ANY OF THEIR RESPECTIVE ADVERTISING AGENCIES WILL BE LIABLE FOR ANY LOSSES, DAMAGES, COSTS OR CLAIMS IN CONNECTION WITH THE COMPETITION OR RESULTING FROM ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE.

17. NEW CLICKS SOUTH AFRICA PTY LTD TRADING AS NEW CLICKS SOUTH AFRICA PTY LTD TRADING AS MUSICA RESERVES THE RIGHT TO TERMINATE, SUSPEND OR AMEND THE COMPETITION FOR REASONS BEYOND ITS CONTROL.New Clicks South Africa PTY LTD trading as Musica AND ITS SERVICES PROVIDERS, INCLUDING ANY TELEPHONE NETWORK PROVIDERS, ARE NOT RESPONSIBLE FOR INCORRECT OR INACCURATE TRANSCRITION OF ENTRY INFORMATION, TECHNICAL MALFUNCTION, LOST OR DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, LINE FAILURE OR MALFUNCTION OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT OR SOFTWARE, THE INABILITY TO ACCESS ANY WEBSITE OR ONLINE SERVICES OR FOR ANY OTHER ERROR.


WEBSITE TERMS AND CONDITIONS

Welcome to Musica, South Africa's best loved entertainment store. Our online catalogue is stocked with all the latest releases, chart-toppers and those elusive back-catalogue CDs, DVDs and Games. Please note, however, that the products reflected in our online catalogue are not available for purchase online. Please click on “store locator” at the bottom of the page to find the store most convenient for you.

This internet website (“Website”) belongs to and is solely owned by New Clicks South Africa (Proprietary) Limited (“Clicks”). The parties to these terms and conditions are you, Clicks and its holding, subsidiary and affiliate companies. Kindly note that Clicks reserves the right to amend, modify or replace these terms and conditions from time to time. You are only granted a limited right to access and make personal use of this website. This right does not permit you to reproduce, duplicate, copy, translate, distribute, sell, resell, modify, publicly perform, prepare derivative products based on, report or otherwise use the content of this Website, or any portion thereof, for any public or commercial purpose, without the prior, written consent of Clicks, or save as provided for in these terms and conditions. By visiting and interacting with this Website you agree to be bound by and to adhere to the terms and conditions, which apply at the time of usage. Company Information This website is hosted, controlled and operated from the Republic of South Africa. These terms and conditions and your use of the Website shall therefore be construed and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Western Cape High Court of the Republic of South Africa, Cape Town in respect any disputes arising out of or in connection with your use of this Website or in respect of these terms and conditions. Company Information This website is hosted and managed in the Republic of South Africa and is owned by New Clicks South Africa Proprietary) Limited (Registration No. 1995/009967/07) of Cnr. Searle & Pontac Streets, PO Box 5142, Cape Town, 8000, South Africa (telephone: +27 (0)21 460 1911 +27 (0)21 460 1911 : fax: +27 (0)21 461 8221: website: www.newclicks.co.za ;email: info@newclicks.co.za ).

Director information may be viewed at http://www.newclicks.co.za/content.aspx?id=27

Musica is a division of New Clicks South Africa (Proprietary) Limited and is situated at Cnr Searle & Pontac Streets, Woodstock, Cape Town, 8000; PO Box 630, Cape Town, 8000, South Africa (telephone: 0860 687 422 0860 687 422 (0860 MUSICA); fax: +27 (0)21 465 9922, website: www.musica.co.za ; email: queries@musica.co.za ). Disclaimer: This website is provided by New Clicks South Africa (Proprietary) Limited (“Clicks”) “as is” and Clicks makes no representations or warranties of any nature, express or implied, as to the operation of this website or the information (including its correctness), content, materials, images or products included on this website. THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. Certain movie and game trailers carry an age restriction. By accessing any trailer via this website you warrant that your age is equal to or greater than the stated age restriction in respect of the relevant trailer. Clicks does not warrant that the content available from this website is truthful, reliable, free from errors or omissions or that the service will be remain continuously uninterrupted. Prices are correct (errors and omissions excepted) as at time of publication on this website, but are subject to change without notice The products represented on this website are not necessarily available in all Musica stores and Clicks makes no guarantee that any particular product will be available in the Musica store of your choice. Please contact your relevant store to ascertain the availability of the product concerned. Furthermore Clicks does not warrant that this website, its server(s) or any electronic mail sent from this website are free of viruses or other harmful components. You are solely responsible for the protection of your hardware and software from viruses and other harmful components. The inclusion of any link on Clicks’s website to any other website does not imply endorsement by Clicks of that linked website or any services or products offered on the linked website. TO THE FULL EXTENT PERMISSIBLE BY LAW, CLICKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither Clicks nor any of its agents, employees or representatives shall be liable for any damage or loss of any nature, including but not limited to direct, indirect, consequential, incidental or punitive damages arising out of the use of or inability to use this website or any reliance placed on the content of this website or any website which is linked by means of a hyperlink to Clicks’s website. Domicilium New Clicks South Africa (Proprietary) Limited chooses as it's domicilium citandi et executandi for all purposes arising from these terms and conditions at cnr Searle & Pontac Streets, Woodstock, Cape Town, Republic of South Africa

CLUBCARD TERMS AND CONDITIONS

  1. The Clicks ClubCard is issued by and remains the property of New Clicks Holdings Limited or any of its subsidiary or associated companies which owns the Clicks ClubCard from time to time (“Clicks”). Clicks reserves the right to decline, issue and withdraw the ClubCard at any time.
  2. All participants in the ClubCard scheme must be resident in territories forming part of the Common Monetary Area.
  3. The Clicks ClubCard can be used at all scanning Clicks stores, and Clicks Pharmacies and affinity partners as specified by Clicks from time to time.
  4. Your Clicks ClubCard cannot be used as a credit, debit or guarantee card unless FirstRand Bank Limited, acting through its First National Bank Division (“FNB”), has issued you with a Clicks branded credit card (“Clicks ClubCard Credit Card”) in which case your Clicks Credit Card shall automatically become your Clicks ClubCard.
  5. To earn Points for a transaction, the ClubCard must be presented at the checkout when requested, otherwise the transaction cannot be recorded nor any Points awarded. The card is not transferable. You may earn Points on transactions concluded on your Clicks ClubCard Credit Card, subject to the terms and conditions of the Clicks ClubCard Credit Card scheme as furnished to you by FNB or Clicks, from time to time.
  6. Clicks and FNB reserve the right to make certain products exempt from earning Points.
  7. At least R10 must be spent in a single transaction to qualify for ClubCard Points. Thereafter one ClubCard Point is allocated for every R10 spent.
  8. Collection periods are usually every three months of the calendar year but may vary at Clicks’ sole and absolute discretion. Any change in dates will be advertised in-store.
  9. Rewards, in the form of Clicks Cash-back Vouchers, will be mailed with the ClubCard Points statement to customers who have accumulated more than 100 ClubCard Points at the end of each three-month collection period.
  10. Clicks Cash-back Rewards can be used at any time. Cash-back Rewards cannot be exchanged for cash and no change will be given.
  11. The level of reward will be based on the total number of ClubCard Points that a member has earned by the end of the last day of a collection period.
  12. The redemption value of Points explained in this brochure may change at any time at the discretion of Clicks management. A change shall not affect ClubCard Points issued prior to the date of change.
  13. Clicks Cash-back Rewards may be redeemed only on production of a ClubCard bearing the same ClubCard number as that printed on the voucher(s).
  14. Clicks ClubCard Points are not earned on purchases of gift cards and Cash-back Vouchers cannot be exchanged for Clicks gift vouchers.
  15. Clicks Cash-back Rewards are valid for a year from date of issue.
  16. ClubCard Points earned at Clicks Pharmacies are subject to pharmacy and medicine legislation.
  17. ClubCard Points earned at any Clicks affinity partner can be redeemed at Clicks stores and Clicks Pharmacies unless otherwise stated.
  18. The Discovery Vitality Discounts apply to purchases made by the customer using a Clicks ClubCard registered with Discovery Vitality accumulating in total to a maximum of R15000 over a twelve month calendar year, whereafter the Clicks ClubCard holder will only earn the standard discount applicable to ClubCard customers not registered with Discovery Vitality.
  19. Clicks reserves the right to alter or amend the conditions of operation of the ClubCard scheme, or to terminate the scheme at any time without notice. No alteration, amendment or termination of the scheme will affect any Cash-back Vouchers that have been issued on the basis of accumulated Points at the time.
  20. The promoter of the Clicks ClubCard is Clicks.
  21. Clicks shall be entitled to sell, cede, assign, delegate or in any other way alienate or dispose of any or all of its rights and obligations under the Clicks ClubCard without your prior approval.
  22. Any abuse of the ClubCard by any person whatsoever constitutes a criminal offence and Clicks reserves the right to cancel such person’s membership and withhold the issuing of any Cash-back Vouchers which may become due as a result of such abuse.