NassifMD Dermaceuticals Terms and Conditions
Dated 08 April 2022
“Competition”: NassifMD Dermaceuticals Instagram campaign.
“Entry Platform”: Meta’s picture and video sharing app currently known as “Instagram”.
“Minimum Age”: 18.
“Territory”: South Africa.
“Prize”: One of the following prizes ((a) or (b)), to be decided by the Promotor in its sole discretion-either:
(a) one (1) x NassifMD hero hamper of products (up to the value of R2500); OR
(b) one (1) x Nassif MD product hamper with up to five (5) Nassif MD hero products (up to the value of R5,000), one (1) virtual consultation with Dr Paul Nassif (up to the value of R15,500) and one (1) ‘Hydrafacial’ Nassif treatment (or any other such treatment as the Promotor deems appropriate, up to the value of R3,000).
“Number of Competition Winners”: A total of four (4) Competition Winners throughout the Competition Period (with one (1) Winner selected for each Fortnightly Competition).
“Competition Period”: Starting 08:00:00 (Central Africa Standard Time) on 10 April 2022 and ending 07:59:00 (Central Africa Standard Time) 5 June 2022.
“Selection Dates”: (a) 24 April 2022 in accordance with Competition One; (b) 8 May 2022 in accordance with Competition Two; (c) 22 May 2022 in accordance with Competition Three; and (d) 5 June 2022 in accordance with Competition Four.
“Notification Period”: Within 5 working days of selecting each Fortnightly Competition Winner.
“Response Deadline”: Before midnight (00:00:00 Central Africa Standard Time) on the third (3rd) day of a Competition Winner being notified.
“Delivery Period”: Within 30 days of each Fortnightly Competition Winner’s response.
“Entry Limit”: Once for each Fortnightly Competition.
“Fortnightly Competition”: Competition One, Competition Two, Competition Three and Competition Four which will take place during the Competition Period.
“Competition One”: The first Fortnightly Competition shall begin 10 April 2022 at 08:00:00 (Central Africa Standard Time) and end 24 April 2022 at 07:59:00 (Central Africa Standard Time).
“Competition Two”: The second Fortnightly Competition shall begin 24 April 2022 at 08:00:00 (Central Africa Standard Time) and end 8 May 2022 at 07:59:00 (Central Africa Standard Time).
“Competition Three”: The third Fortnightly Competition shall begin 8 May 2022 at 08:00:00 (Central Africa Standard Time) and end 22 May 2022 at 07:59:00 (Central Africa Standard Time).
“Competition Four”: The fourth Fortnightly Competition shall begin 22 May 2022 at 08:00:00 (Central Africa Standard Time) and end 5 June 2022 at 07:59:00 (Central Africa Standard Time).
The Promoter (as defined below) will run the Fortnightly Competitions during the Competition Period.
By entering the Competition via Instagram, you acknowledge and agree that you accept and will be bound by the following terms and conditions (“T&Cs”) relating to the Competition.
- PROMOTER: The promoter of the Competition is NBCUniversal International Networks Limited (“Promoter”), a company registered in England and Wales with Company Number 05325358 and whose registered address is at 1 Central St Giles High Street, London, WC2H 8NU. If you have any questions or concerns in relation to the Competition, you can contact the Promoter by emailing Topher.Willis@nbcuni.com with the subject line: Instagram Competition: NassifMD Dermaceuticals and giving details of the question or concern. The Promoter will aim to respond within ten (10) working days.
- ELIGIBILITY: (a) AGE Entrants must be the Minimum Age or over. Entrants younger than the Minimum Age shall be immediately disqualified (b) RESIDENCE Entrants must be legally resident in the Territory and may be required to provide a copy of their valid identity document in order to claim their Prize if they are selected as a Competition Winner (c) EMPLOYEES The following entities or persons are not eligible to enter the Competition: (i) any employee or agent of the Promoter and their immediate families and household members; (ii) any employee of any entity within the same corporate group as the Promoter; (iii) any person who is, and any employee of any entity which is, involved in any way with the organisation, management, promotion and/or administration of the Competition, including without limitation any persons or entities providing the Prize. (d) SELECTION DATES Entrants must have entered before the Selection Dates of the relevant Fortnightly Competition (e) INELIGIBLE ENTRIES The Promoter reserves the right in its sole discretion at any time to (i) ask any entrant for proof that they satisfy any and all applicable eligibility requirements and to (ii) disqualify an entrant from the Competition in accordance with paragraph 11 below if, in the reasonable opinion of the Promoter, that entrant has not proved to the Promoter that they satisfy any and all eligibility requirements for the Competition.
- ENTRY MECHANIC To enter a Fortnightly Competition, you must do the following within the competition dates (as set out in the relevant Fortnightly Competition):
- Follow @nassifmdsa and @eentertainment on Instagram; and
- Comment on the @eentertainment Competition post.
- INSTAGRAM: You can only enter if you have a valid Instagram account, the Privacy Settings of which must not prevent the Promoter from contacting you by direct message if you are selected as a Competition Winner.
- DATES: The Promoter will run the Fortnightly Competitions during the Competition Period dates. Any entries submitted before and/or after the Competition Period (whether due to human error on the part of the entrant, technical issues, network congestion and/or for any other reason) will be invalid and will not be entered into the relevant Fortnightly Competition. Only eligible entries made during each Fortnightly Competition during Competition Period will be entered into that Fortnightly Competition and the computer of the individual administering the Competition on behalf of the Promoter will be the official timekeeper for all matters relating to the Competition.
- ENTRY: (a) INSTAGRAM Entrants must follow the Competition instructions set out on the Promoter’s website and also available on the Instagram website on the Competition page that will be created for the Competition , or which can be accessed via a hyperlink contained in, a post or series of posts made by the Promoter on its Instagram account (“Instructions”) to enter the Competition. By using Instagram to enter the Competition, entrants agree that they are also bound by Instagram’s terms and conditions and Meta’s terms and conditions. (b) GENERAL Once an entry is submitted, it cannot be amended in any way. The Promoter will not accept entries which (i) do not comply with the applicable Instructions and/or these T&Cs and/or (ii) entries which, in the reasonable opinion of the Promoter, are illegible, unviewable, indecipherable, inaudible, incomplete, incomprehensible, damaged and/or otherwise defective (whether due to human error on the part of the entrant, technical issues, network congestion and/or for any other reason). (c) LOST ENTRIES The Promoter has no liability for any entry that is not received by the Promoter in accordance with these T&Cs and the Competition Instructions (whether due to human error on the part of the entrant, technical issues, network congestion and/or for any other reason). (d) SOCIAL MEDIA ACCESS The Promoter does not guarantee continuous, uninterrupted or secure access to the internet and/or Instagram and has no liability for any technical issues whatsoever encountered by entrants to the Competition.
- SELECTION OF COMPETITION WINNERS: Within the Competition Period, the Promoter will randomly select the Number of Competition Winners from the pool of entrants who are eligible to be entered into the random prize draw (“Competition Winners” and each a “Competition Winner”). The pool of entrants will be made up of (i) all entrants who satisfy the eligibility requirements above; and (ii) the other rules, requirements and instructions set out in these T&Cs and the Competition Instructions so long as they have not otherwise been disqualified from the Competition pursuant to these T&Cs. The random selection of the Competition Winners will be made by (i) a computer process that produces verifiably random results, (ii) by an independent person, (iii) under the supervision of an independent person and/or (iv) in accordance with any other requirements of the laws and regulations applicable to the Competition in the Territory. Provided that the Promoter complies with these T&Cs and (where applicable) ensures that any independent selection process complies with these T&Cs, the selection of the Competition Winners will be final and binding and no correspondence relating to selection of any Competition Winner will be entered into by the Promoter.
- PRIZE: (a) GENERAL The Competition Winners will each win one (1) Prize only, selected for and by the Promotor in its sole discretion. The Prize is strictly non-transferable, non-exchangeable and may not be re-sold. No cash or any other alternative is available for the Prize. If the Prize becomes unavailable for any reason, the Promoter reserves the right to substitute it with a prize that the Promoter reasonably deems to be of at least the same value. The Prize does not include and/or cover any costs, taxes, fees, expenses and/or arrangements not expressly specified in the Prize description (“Ancillary Costs”). Each Competition Winner will be solely responsible for any and all Ancillary Costs and the Promoter is not liable to reimburse any Competition Winner for any Ancillary Costs they incur. The Promoter makes no representation or warranty in relation to the Prize and, to the fullest extent permissible by law, the Promoter will have no liability to the Competition Winner in relation to the Prize, its fitness for purpose, merchantability or otherwise. The Promoter will have no liability in respect of the Prize if it is damaged, lost or stolen following delivery. (b) CHEQUES, VOUCHERS AND GIFTCARDS If the Prize is, or includes, a cheque, voucher, store credit and/or giftcard, these will be issued in the name of the Competition Winner only and cannot be issued to any third party. The Promoter will have no liability in respect of such a Prize if a third party refuses to accept a cheque, voucher, storecredit and/or giftcard because it has been tampered with, defaced, duplicated, damaged in any way and/or because it is no longer valid. The terms and conditions of any third party that issued and/or administers the cheque, voucher, store credit and/or giftcard will apply and the Promoter will have no liability in respect of such a Prize if a third party’s terms and conditions result in the Competition Winner being unable to use any element of the Prize or restrict Competition Winner’s use of the Prize in any way.
- PRIZE CONFIRMATION AND ACCEPTANCE: (a) INSTAGRAM the Promoter will notify the Competition Winner that they have won a Prize by sending a direct message (“Prize Notification”) to the Instagram account used by the Competition Winner to enter the Competition (b) ACCEPTANCE The Promoter must receive a response (“Response”) from the Competition Winner to the applicable Prize Notification by no later than the Response Deadline. The Response must be sent to the Promoter in accordance with the instructions contained in the Prize Notification and must include any information requested by the Promoter in the Prize Notification (including without limitation any information requested by the Promoter to prove that the Competition Winner satisfies the Competition eligibility requirements) and the Prize will not be released to the Competition Winner unless and until all such information has been received by the Promoter. If, prior to the Response Deadline, (i) the Promoter does not receive a Response, (ii) the Response received by the Promoter does not include all information requested by the Promoter in the Prize Notification and/or (iii) the Promoter is unable to contact the Competition Winner via Prize Notification, the Promoter reserves the right to deem the Prize forfeited and may, in its sole discretion, select another winner. Proof of sending a Response does not constitute proof of receipt of the Response. Subject to Promoter receiving a Response and all information requested by the Promoter prior to the Response Deadline, the Promoter will deliver the Prize to each Fortnightly Competition Winner within the Delivery Period.
- INSTAGRAM LIABILITY: Entrants to this Competition release Instagram from any consequences or obligations arising as a direct result of entering this Competition.
- DISQUALIFICATION: The Promoter is entitled in its sole discretion at any time to disqualify any entrant and/or any individual entry from the Competition without any liability on the Promoter’s part if (i) that entrant and/or entry fails to comply with these T&Cs and/or the Competition requirements in any way and/or (ii) the Promoter has reasonable grounds to believe that entrant has acted fraudulently, dishonestly, inappropriately and/or improperly in connection with the Competition. Without limitation, if the Promoter has reasonable grounds to believe that any entry has been generated by a script, software, macro or other automated means then the Promoter will be entitled to disqualify that entry and the relevant entrant in accordance with this paragraph. If a disqualified entrant is a Competition Winner, the Promoter has the right to deem the Prize forfeited and, if the Prize has already been delivered to that Competition Winner, the Promoter shall be entitled to recover the Prize from the Competition Winner at the Competition Winner’s cost.
- COPYRIGHT AND PROMOTIONAL RIGHTS: All entrants retain the copyright in their entries. By entering the Competition, each entrant (i) confirms that they are the owner of the entry submitted by them and that their entry is original to them; (ii) grants to the Promoter, without the requirement for any further permission or payment, a perpetual, non-exclusive, irrevocable and royalty-free worldwide licence to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit their entry in any and all media; and (iii) warrants that they have the sole and exclusive right to grant such rights to the Promoter and that the Promoter’s’ reproduction, publishing, displaying, and/or other use of their entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, other intellectual property rights and/or privacy rights and/or create claims for defamation and/or breach of contract. The Promoter has no obligation to copy, publish, display or otherwise exploit any entry.
- COMPETITION WINNERS’ DATA: The Promoter reserves the right to publish in all media and to disclose to third parties each Competition Winner’s surname and area of residence (“Competition Winners’ Data”). The Competition Winners’ Data can be obtained by sending an email to firstname.lastname@example.org with the ‘Instagram NassifMD Dermaceuticals Competition – Data Request’) as the email subject.
- PUBLICITY: The Competition Winners may be required by the Promoter to participate in publicity in connection with the Competition, their Prize and/or the Promoter and by entering the Competition all entrants agree that if they win the Competition they will, participate in and cooperate with the Promoter in connection with any publicity activity reasonably requested by the Promoter. Entrants acknowledge and agree that copyright in any publicity materials in which they and/or their details appear is the property of the Promoter and that the Promoter will be entitled to exploit such publicity materials in any and all media throughout the world in any manner it deems fit.
- CANCELLATION AND AMENDMENT: The Promoter reserves the right to cancel, postpone and/or amend the Competition and/or these T&Cs at any time without prior notice if any unforeseen circumstances or circumstances beyond the Promoter’s reasonable control make it reasonably necessary or prudent to do so.
- SEVERABILITY: If any part of these T&Cs is be determined to be illegal, void and/or unenforceable by a court of competent jurisdiction, then such part shall be severed and deleted, to the extent of such illegality, invalidity or unenforceability, and the remaining parts of these T&Cs shall remain in full force and shall continue to be binding and enforceable to the maximum extent permitted by law.
- RIGHTS OF THIRD PARTIES: These T&Cs do not create any right or benefit enforceable by any person not a party to them (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
- JURISDICTION: These T&Cs shall be governed by and construed in accordance with the laws of England and Wales and the Promoter and all entrants to the Competition submit to the exclusive jurisdiction of the English Courts.