Last updated: 6 April 2011
The purpose of this document is to define the Edcon Competitions policy for all competitions where Edcon is the promoter in order to ensure compliance and service excellence.
We need to ensure that the process of conducting competitions and selecting winners is fair and auditable.
A promoter of a competition is any person who directly or indirectly promotes, sponsors, organises or conducts a promotional competition, or for whose benefit such a competition is promoted, sponsored, organised or conducted.
A promotional competition means any competition, game, scheme, arrangement, system, plan or device for distributing prizes by lot or chance if it is conducted in the ordinary course of business for the purpose of the promotion of a producer, distributor, supplier or association of any such persons, under the control of Edcon (Pty) Ltd.
A prize includes rewards, gifts, free goods or services, price reductions or concessions, enhancement of quantity or quality of goods or services, or other discounted or free items.
- It is the promoter of the promotional competition’s duty to ensure that the competition rules are drawn up for each competition. The competition rules must be approved by the Edcon Legal Department prior to the commencement of any competition.
- The rules of a competition must state the following:
- The benefit of the competition
- How to enter the competition
- How the results will be determined (selection of winner/s)
- The closing date of the competition
- How the competition results will be made known
- Where the competition rules can be obtained (whom, when, where)
- Where the prize can be obtained (whom, where, when)
- The Legal Department as well as Internal Audit must be made aware in advance of all competitions that will be conducted by Edcon.
- The Legal Department must review all competition rules to ensure legal compliance as well as compliance to Edcon policies. If non-compliance is evident the Legal Department will communicate any amendments to the relevant person.
- The promoter must take into account the competition rules when designing the marketing documents and the creative brief.
- Any advertisement for the competition should contain a reference to the rules of the competition or indicate where these can be obtained or viewed.
- Edcon’s standard rules for competitions are attached to this policy document as Annexure A.
Selection of Winners
- Internal Audit must be present at all competition draws, to ensure that the draw is fair and that all entrants in the competition are given a fair chance of winning.
- Internal Audit will either select the winning entry or entries (electronic file of entrants) or witness (manual entry) the selection of the winner/s.
- In all cases winners should be drawn by a person who is/was not directly involved in organising the competition.
- The following information must be provided for all competitions before Internal Audit performs a draw:
- Competition rules (terms and conditions) approved by the Legal Department.
- A list of all instances when the competition was marketed, including the dates, medium used and place.
- No entry fees may be charged, other than a minimum fee normally payable by the general public for the cost of postage (Value Added Service (VAS) rates only).
- The entry fees for electronically transmitting (e.g.; sms, fax or e-mail) an entry may not exceed R1,50.
- The following persons may not enter or be chosen as winners of a competition:
- Directors, employees, agents or consultants of Edcon
- Directors, employees, agents or consultants of Edcon’s marketing service providers
- Suppliers of any goods or services relating to the competition
Awarding of Prizes and Notification of Winners
- Prizes cannot be subject to a previously undisclosed condition (all terms and conditions must be stated in the specific competitions’ rules).
A winner cannot be required to offer further consideration for the prize, after the results have been announced.
- A prize may not be handed over to a winner when it is prohibited by law for the winner to use the prize e.g. alcohol to winner that is under 18 or a car to an unlicensed driver. Winners must prove their eligibility to use or operate the prize.
- All winners must be notified immediately after the draw has been completed.
- If a winner is not contactable, then the promoter of the competition must document the steps taken to contact the said winner.
- A new winner will only be drawn (excluding previous winner that was selected for the competition) once all reasonable steps, per 3.3.4 above, have been taken to contact the original winner.
- The competition winner is not required to permit the use of his or her image in marketing material, participate in any marketing activity, or be present when the draw is taking place or the winner is announced, without affording him or her the opportunity to decline an invitation to do so.
- NB: The competition promoter must obtain consent from the competition winner to use their details in marketing campaigns. Although we are informing the entrant in the rules (refer Annexure A, point 12 that Edcon may choose to publish the names of the winners of the promotion / competition); it does not mean we are allowed to include a photo of the winner without his/her consent.
Acknowledgement of Prize
- Once the winner has been notified and the prize has been handed over, the winner must sign an Edcon acknowledgement for receiving the prize (See Annexure B).
- The winner must provide valid proof of identity (a green bar-coded ID document, passport or driver’s licence).
- If a winner chooses not to accept a prize, then reasons must be documented by the promoter for the non acceptance of the prize.
Record Keeping Requirements
- The promoter is required to compile a full report on the conduct and outcome of the competition. The following information must be documented and retained for a minimum of 3 years:
- The rules of the competition.
- The marketing material associated with the promotion.
- Names and identity numbers of the competition promoters and a declaration from the competition promoters that the prize winners were not directors, members, partners, employees, agents or consultants of the promoter.
- A list of all instances when the promotional competition was marketed, including details on the dates, the medium used and places where the marketing took place.
- Full list of all prizes offered in the competition.
- The names and identity numbers of the persons responsible for selecting the winners.
- Details of how the winners were selected and the means by which the winners were announced and the frequency thereof.
- If a winner was not contactable, efforts made to contact the winner.
- Signed acknowledgement of receipt of prize. (Annexure B)
- Reasons a prize winner did not accept or receive a prize and the steps taken to hand over or pay the prize to the winner.
- Details of the person compiling the report (name, identity number and contact details) and date of the report must be kept.
Cancellation of a Competition
- A competition may not be cancelled or rescinded by Edcon or the Promoter, if customers have been made aware of the said competition.
- It is the responsibility of the Marketing Department to inform all external promoters of this requirement.
Name of the Competition e.g.; Join Edgars Club – Win a Car
RULES FOR USE
- This template is for guidance, and should be used as far as possible.
- Legal Department approval is required for competition rules before the competition is launched.
- Minimum font size should be 11 or 12.
- Exclusions should be in bold.
- Do not make changes to this template.
- Your final competition rules (for each competition) must be retained (archived) for future reference. The National Consumer Commission may request them at any stage.
Terms and Conditions
- By entering the promotion / competition entrants agree to abide by the rules and conditions of the promotion / competition.
- This promotion / competition is open to all residents of the Republic of South Africa, who are [insert age] years or older, except the employees, directors, members, partners, agents or consultants of Edcon (Pty) Limited (“Edcon”) and [insert sponsor name] their respective advertising and promotional agencies, media and PR agencies, as well as the immediate family members, consultants, directors and associates of such organizations and persons.
- To stand a chance of winning one of [prize], each valued at [value] and to qualify for the draw, you must [how to enter] between [start date] and [end date].
- You have to be an Edgars account holder in order to qualify for Edgars Club membership. Terms and conditions of Edgars Club membership are available in store.
- The promotion / competition will commence on [start date] and will run until 12 am on the [end date]. No late entries will be accepted.
- A winner will be drawn at the end of each week. The winners will be notified telephonically. The winners will be required to be in possession of a valid driver’s license. (In the event of a car give away) The winners will be required to present his/her identification document and drivers license when claiming the prize. Should a person who is either under 18 years of age or not in possession of a valid driver’s license be drawn, they will be disqualified from winning and a new draw will take place.
- Edcon and/or the Promoter will make all reasonable attempts to contact the winner or winners but if any winner cannot be contacted within 7 days from the date of the relevant draw, then Edcon and/or the promoter reserves the right to draw a new winner. It is the entrants’ responsibility to provide the correct contact details.
- The prize cannot be exchanged for its cash value or transferred. The prize excludes any other expenses incurred by the entrant when participating in this promotion / competition.
- Neither Edcon nor the Promoter shall be held liable for providing fuel and/or other running costs for the vehicle after the winner has claimed the prize. The winner becomes fully responsible for the maintenance of the prize from date of collection.
- Further, the winner of the car indemnifies the Promoter and/or Edcon against any claim brought against Edcon and/or Promoter or any of their affiliates in the event of any personal injury or loss suffered as a result of the use of the car. The winner is responsible for registering, licensing, testing, paying taxes, costs and other charges levied by the relevant authorities and taking out insurance on the car.
- The Edcon judge’s decision is final and no correspondence will be entered into.
- Edcon may choose to publish the names of the winners of the promotion / competition.
WINNER SIGN-OFF FORM
The following words on this form shall bear the meaning assigned hereunder:
- Competition means: __________________________________________________________
- Winner means the winner/s of the competition referred to in 1 above, namely_____________________________________________________
- Prize means: ______________________________________________
The undersigned winner, upon signing this form, hereby acknowledges that:
- The prize has been delivered by Edcon (Pty) Limited (“Edcon”) and accepted by the winner in terms of the rules of the competition.
- The prize has been inspected by the winner, who accepts the prize to be valid, in good working order and condition, free from any defect and in every way satisfactory.
- The winner shall have no claim against Edcon if the prize is an item not ordinarily stocked by Edcon, and if after having accepted delivery of the prize it subsequently transpires that the prize is for any reason unsuitable or defective, it cannot be returned by the winner.
- Edcon reserves the right to reclaim the prize allocated or damages from the winner at any time if it transpires that the winner submitted any false or fraudulent information in connection with the competition.
Signed by the prize winner at _________________ on this ______ day of
________________ in the presence of the undersigned witnesses
Prize winner __________________ Identity number________________
For and on behalf of Edcon (Pty) Limited
Name________________ Employee Number: ____________Title_________
- _________________________ 2. __________________________