Competition Terms and Conditions – Cooking with Luyanda

  1.   GENERAL

1.1.   These terms and conditions (“Competition Terms”) govern the Competition, as described in further detail in Section 2 below.

1.2.   what3words Limited (“what3words”, “we”, or “us”) is the promoter of this competition.

1.3.   By entering the Competition you are accepting that you will be legally bound by these Competition Terms.

1.4.   If you have any concern in relation to the Competition, you can contact us by emailing [support@what3words.com], with the subject line ‘Cooking with Luyanda’

1.5.   These terms and conditions incorporate our Privacy Policy and Terms of Use to the extent they do not conflict with the terms set out below.

 

  1.   COMPETITION MECHANIC

2.1.   You can enter the Competition by completing the survey made available at: [ https://picup.typeform.com/to/uPqTjj ] (“Survey”). You will be asked:

2.1.1. [To search a 3 word address in South Africa]; and

2.1.2. [What you would like [Picup] to deliver to you at your 3 word address].

2.1.3.[Share how the items in 2.1.1 and 2.1.2 would help you create the perfect Valentine’s day date]

2.2.   Based on the answer to [2.1.2] we find most interesting, we will choose a lucky winner.

2.3.   You can enter the Competition from Monday 4th February at [12:000].

2.4.   Entry closes on [Sunday, 10 February] at [23:59].

2.5.   We will announce the winner in accordance with Section 4 below.

  1.   ELIGIBILITY

3.1.   You must be aged 18 and over at the date of entry.

3.2.   You must be a resident in Johannesburg or Pretoria, South Africa.

3.3.   You must be available on the evening of Thursday 14th February 2019.

3.4.   You must be willing to allow Luyanda Mafanya to cook a dinner for you and a guest at your own home on Thursday 14th February 2019.

3.5.   what3words employees and their immediate families may not enter the Competition. Any such entries are invalid.

3.6.   Entrants must enter the Competition using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names.

3.7.   No person may enter the Competition more than once. If we suspect that an individual has set up a fake email address and/or social media page to circumvent this rule, we reserve the right to disqualify all entries that we reasonably believe were generated by that individual.

3.8.    Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions set out in paragraphs 4.4 to 4.9 above, we may still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.

  1.      PRIZE

4.1.   The prize is a three course meal for two people, with wine, prepared by Luyanda Mafanya to be served in the winner’s home on Thursday 14th February 2019. Please note that the prize is not the item you indicated that you would like delivered to your three word address at [2.1.2] above.

4.2.   We reserve the right (when reasonably required to do so) to replace the stated prize with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for the prize.

4.3.   The prize winner will be notified that they have won the prize [Monday 11 February] via at least one of the following methods:

4.3.1. by telephone; or

4.3.2. by email

4.4.   If we are not able to contact you by [Tuesday 12 February at 14:00 ], we reserve the right to choose an alternative winner.

4.5.   We reserve the right to request proof of a prize winner's identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity and/or address that is reasonably acceptable to us, we may withdraw the prize and select another prize winner.

4.6.   We make no representation or warranty in relation to prize provided and to the fullest extent permitted by law we shall have no liability to you in relation to the prize, or its quality.

4.7.   No additional, further or other costs or expenses are included in the prize.

  1.   PUBLICITY AND PERSONAL DATA

5.1.   [By completing the Survey, you will be providing what3words with your email address and all of the information set out in your responses to the survey (which will include information relating to your user habits, characteristics and preferences).] For further detail around how we handle your personal data, please see our Privacy Policy.

5.2.   Typeform will be processing the Survey on behalf of what3words. You acknowledge and agree that Typeform will possess your contact details and all information submitted by the Typeform as described in clause 2 above. For more information as to how your data will be handled, please visit this page.

5.3.   You consent to allowing what3words to analyse and process all of the information described in clause 2 above in order to improve its services and to also contact you in relation to your entry.

5.4.   what3words will only maintain this information for a period of one year from the date you submitted your response to the Survey. After this date, all responses will be completely anonymised or destroyed.

5.5.   Should you wish to withdraw your consent, or request a copy of your response, rectification or deletion of your information please contact us at dataprotection@what3words.com.

5.6.   It is a condition of entry to all our Competitions that we have the right to publish the first name, home town, character, likeness and voices of Competition entrants and winners.

5.7.   Entrants may be required to participate in photo, recording, video and/or filming session(s), in particular when Luyanda Mafanya attends the winner’s home to cook dinner on Thursday 14th February 2019. You agree that we shall have the right to use all the resulting publicity materials in any media and in any manner. If you do not agree to this, we reserve the right to disregard your entry.

5.8.   No fees shall be payable to any entrant in relation to the use of publicity materials.

5.9.   You agree that we have the right to publish and communicate to the public the Photographs in any media without restriction or limitation throughout the world and not only for the purposes of the Competition;

5.9.1.entrants acknowledge that we may edit the photographs or video in our sole discretion;

5.9.2.entrants agree that we have the right to use names, likenesses and other personal information submitted in conjunction with the photograph or video

5.10.  You agree not to bring any actions, suits, claims and demands against us in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photograph or video;

5.11.  You unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of any of the photographs we take.

  1.   COPYRIGHT

6.1.     By entering our Competitions all entrants:

6.1.1.assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future

6.1.2.agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against what3words, its assigns, licensees and successors in title;

6.1.3.undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants' warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;

6.1.4.confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.

6.2.   For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.

  1.   LEAVE FOR PARTICIPATION

7.1.   Obtaining time off work or related activities to participate in a Competition and take the prize will be the sole and absolute responsibility of each entrant.

  1.   TERMINATION OF COMPETITION

8.1.   If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem. We will not award the prize if the Competition is terminated.

  1.   DECISIONS FINAL

9.1.   All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.

9.2.   Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.

  1.   FAILURE TO ENFORCE TERMS AND CONDITIONS

10.1.  A failure by us to enforce any one of the Competition in any instance will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.

  1.   EXCLUSION OF LIABILITY

11.1.  Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.

11.2.  To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of the Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence.

11.3.  In the event that any provision of these Competition Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.

  1.   LAWS

12.1.  These Competition Terms shall be construed in accordance with and governed by the laws of England and Wales.