Competition Terms and Conditions

1. Introduction to Terms and Conditions
   1. These terms and conditions (“Terms”) are the terms and conditions that apply to the various competitions controlled by Stern Holdings (Pty) Ltd. (reg: 2024/433988/07) (“Promoter”), (the “Competition”), accessible on www.podnest.co.za (“Website“) where these should be read with, and to include all of the other Promoter Rules or Policies applicable from time to time.
   2. The terms “Entrant”, “you” and “your” are used interchangeably and refer to all persons accessing a Competition and/or the related Website related thereto. Accordingly, the terms “us”, “our”, “we” or “Promoter” are used to refer to the Promoter or its possession.
   3. We may change these Terms, or our other applicable policies, at any time. You should check our Website regularly for any changes which will apply from the date that they are uploaded. For further information in relation to any applicable rules, please contact chanile.schmidt@podnest.justcarehub.com. It is solely your responsibility to ensure that you are aware of, have read and understood any changes as and when they become applicable; where we are under no obligation to ensure that you have done so.
   4. By entering the Competition or using the Website, you agree that you have read, understood, and agree to be legally bound by these Terms and any other applicable Promoter policy or rules related to the Competition, where any infringement thereof by a participant or entrant constitutes a serious breach entitling the Promoter to terminate a user’s participation or entry in a Competition, or the use of the Website. 
   5. Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs or statements limit the risk or liability of the Promoter or a related third-party, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify the Promoter or is an acknowledgement of any fact by you.
2. Eligibility for the Competition
   1. The following rules should be read and understood to identify eligibility requirements in relation to the Competition, in addition to these Terms or the Promoter’s other policies.
   2. All entrants must be:
      1. 18 (eighteen) years of age or older as of the start of the Competition and with full legal capacity in terms of South African law;
      2. citizens or [permanent] residents of the Republic of South Africa or, if not a citizen or permanent resident, your registration to participate and your participation in the Competition must not contravene any legislation applicable or relevant to you by virtue of your current country of residence; and
      3. resident within the borders of South Africa when the Competition is judged. 
   3. It will be the sole decision of the Promoter as to whether any eligibility requirement has or has not been met and may require evidence or confirmation of certain information from entrants before awarding prizes.
   4. Directors, shareholders, and employees (and their immediate families) of the Promoter may not enter any of our Competitions.
3. Entry and Participation Methods
   1. Introduction: The Competition charges a reasonable cost for entry into the Competition, in accordance with the Consumer Protection Act. The Entrant shall be liable for any other charges or costs associated with acceptance.
   2. Entry Procedure: You must register for entry into the Competition on the Website or through SMS. We reserve the right to extend the closing date for entries in our sole discretion. All Entrants shall be advised of any such extension via email.
   3. Deficient entries: We reserve the right to reject any entries that are incomplete, not as per required specifications, incomprehensible, or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory, fraudulent, or which we consider to be otherwise harmful to the goodwill and reputation of our brand and the Competition, including entries received as a product of a scheme or method which undermines the goodwill, regular and fair nature of the Competition (based on our sole discretion). We accept no responsibility for any late, lost, or misdirected entries, including but not limited to, SMS, online submissions, or emails not received due to technical disruptions, network congestion, or any other reason. 
   4. Automated or Manipulated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Competition repeatedly or in a way which is not consistent with fairness and the regular functioning of the Competition is prohibited.
   5. Names: Entrants must enter Competitions using their legal name only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
   6. Multiple Entries: Entrants may enter as many times as they wish, with no limitation thereto.
   7. Prize Limits: No person or persons at the same residential address may win more than once via any of our Competitions in any twelve (12) month period. 
   8. Retrospective Effect: Where an Entrant or winner has been found to be in breach of these Terms and, in particular, where a person is in breach of the entry restrictions, we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize, even where a prize has already been awarded and/or actually provided to the entrant or winner in question.
   9. Entry into the Competition shall not be redeemable or transferable for cash or any other consideration, and may further not be sold, assigned, encumbered, alienated, or otherwise transferred to any third party for any reason whatsoever. Only the registered Entrant (i.e. the person who holds the identity number, registration number, or controls the mobile number and/or email address with which the entry into the Competition was submitted) shall be eligible for participation in the Competition.
4. Competition Closure and Determination of Winner
   1. When the maximum number of ticket bundles or the closing date of the Competition (as described on the Website) is reached, the Competition will close. However, the Promoter reserves the right to extend the closing date by up to two (2) months at their discretion.
      1. If the maximum number of ticket bundles is not equal to the minimum number of ticket bundles received as of the closing date, the Competition will close. 
      2. The proceeds of the Competition will either be deemed sufficient to award the Prize at the discretion of the Promoters, or the remaining funds will be allocated as a cash prize to a winner after the deduction of any expenses and marketing fees.
   2. All entries for a Competition shall be submitted into a collective database for adjudication using independent third-party software. From the pool of entries, the software shall determine and select a winning entry for the Competition within three (3) days following the closing date of the Competition. The final decision and Competition winner will be announced on the same day as the determination. 
   3. The Competition winner will be announced before an audience of invited guests, members of the press, and in the presence of a Verifier (as defined in clause 11.3 below).  
   4. The selection of the winner shall be overseen by a Verifier (as defined in clause 11.3 below).  
   5. The decision shall be final, and no correspondence or discussion shall be entered into, or any feedback given, regarding the selection of the winner/s.
   6. The winner of a Competition may be required to provide the Promoter with a copy of their identity document or passport and/or proof of address to the Promoters to prove their identity and that their Entry was validly made. 
   7. The Promoter will be entitled to retain 30% (thirty percent) of the entry fees to cover administration and marketing expenditure. The remaining balance, after the deduction of the 30% (thirty percent), is referred to as “the prize fund“. If the minimum number of ticket bundles has not been reached, the prize fund will be awarded in place of the prize and distributed to the winning entrant. 
5. Prizes
   1. Where the prize for a Competition is immovable property, the winner will be entitled to the value of an immovable property within South Africa as set forth by the Promoter. The winner must decide on an immovable property within South Africa they wish to purchase within 3 (three) months from the date on which they are announced as the winner of a Competition (“selection period”). 
   2. We reserve the right to request proof of a winner’s identity in the form of an identity document or passport and proof of address in the form of a utility bill or similar. If a winner cannot provide us with such information, we may withdraw the prize and select another winner. This is done for authentication and security reasons. 
   3. Furthermore, if the winner is unable to select an immovable property within the selection period, the Promoter shall be entitled to award the Prize to an Alternative Entrant selected by drawing another winning entry at random in the same method as described above. 
   4. We shall be responsible for any and all costs associated with the purchase and transfer of an immovable property to the winner including, attorney and other legal fees as well as the cost of registration of the property in the name of the winner with the Deeds Office of the applicable province in which the immovable property is located. The Promoter shall designate a real estate agency and conveyancer of its choosing to assist in the sale and transfer of the immovable property to the winner. 
   5. Any additional personal or associated tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
   6. We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise.
   7. All stated prize values are at market recommended retail prices in South African Rands and are correct at the time of printing. We take no responsibility for any fluctuations in prize values. 
   8. Prizes awarded in the form of cash will only be deposited into a South African bank account. Proof of identity and validity of the bank account will be requested before the release of any cash prize.
   9. Unclaimed Prizes
      1. All prizes must be claimed within 30 (thirty) calendar days of our notification of winning unless otherwise stated. 
      2. We reserve the right to award prizes unclaimed after this period, following 2 (two) unsuccessful attempts at contacting the winner, to alternative prize winners or not to award them at all.
      3. If you call to claim a prize from a “withheld/private number” line you must provide us with your contact details, otherwise we may be unable to contact you and you may, as a result, forfeit your prize.
6. Publicity and Personal Information
   1. We collect personal information (“PI”) to conduct the Competitions and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI and you specifically consent to this and understand that our use of your PI is for our legitimate Competition and business purposes. We warrant that we shall process all PI in accordance with our Privacy Policy.
   2. In addition to any use that may be outlined in our Privacy Policy, we may, unless otherwise advised by you, use your PI for promotional, marketing, publicity, research, and profiling purposes, including sending electronic messages via SMS or email or telephoning you as an Entrant. Our Privacy Policy also contains information about how you may opt-out, access, update, or correct your PI, how Entrants may complain about a breach of their PI or any other applicable law, and how those complaints will be dealt with. We will not disclose your PI to any entity outside of South Africa unless the appropriate protections are in place in accordance with our Privacy Policy.
   3. In particular, Entrants consent to their entries to our Competitions being communicated to the public on our Website/s.
   4. All Entrants, and particularly winners, may be required by us to participate in photo, recording, video and/or film session(s). In this regard, you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity.
   5. The rights granted by the Entrant in this clause 6 shall be deemed to be in addition to, and not in substitution for, any rights granted by the Entrant in favour of the Promoter (or any sponsors of the Competition) as set forth in clause 8 below.
7. Receipt and Transmission of Data Messages
   1. Data messages, including e-mail messages, sent by you to us as the Promoter will be considered to be received only when we acknowledge or respond to such messages.
   2. Data messages sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose and is capable of being retrieved and processed by you as the recipient thereof.
   3. We reserve the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
   4. Whilst we use all reasonable care, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy of any message sent over the internet, whether from the Promoter to you or from you to the Promoter.
8. Intellectual Property
   1. 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 at our absolute discretion.
   2. All material, information, data, software, icons, policies, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) of the Website and/or Competition, together with the underlying software code of the Website and/or Competition, (“the intellectual property”) are owned (or co-owned or licensed, as the case may be) by the Promoter, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. 
   3. Subject to the rights afforded to you in these Terms or by separate written agreement between you and the Promoter, all rights to all intellectual property on the Website and related to the Competition are expressly reserved by the Promoter or the relevant intellectual property rights owner. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics, or other material on the Website, or related to the Competition, or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or editorial content or graphics is permitted.
9. Tampering and other matters

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, IRREGULAR OR UNFAIR ENTRY OR VOTING SCHEMES, 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 ANY DRAW/S OR JUDGING RELATED TO THE COMPETITION AND/OR TO DISQUALIFY ANY INDIVIDUAL WHO (WHETHER DIRECTLY OR INDIRECTLY) CAUSES (OR HAS CAUSED) THE PROBLEM.

1. Termination of Competition and Access to Website
   1. We may vary the terms of, or terminate, the Competition at any time at our absolute discretion without liability to the Entrant or other person, to the full extent permitted by applicable legislation. We will not award any prizes if the Competition is terminated.
   2. We reserve the right to terminate and cancel your use of the Website or involvement in the Competition if you breach any of these Terms or our other applicable rules or policies, or for any other reason provided that we give reasonable notice to you with written reasons for the cancellation. 
2. Decisions final
   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 relating to our decisions will be entertained.
   2. Tiebreakers, disputes, conflicts, questions, or concerns will be managed by us and, if required by law, by an independent adjudicator.
   3. Winner draws are supervised and verified by an independent and objective verification provider (“Verifier”), who performs this function in strict accordance with applicable laws and regulations. 
3. Exclusion of Liability and Provision of Indemnities
   1. The Competition, including any intellectual property related thereto, is provided “as is” and “as available”. The Promoter makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of the Competition.
   2. All information or opinions of users or third parties made available on the Website in relation to any of the Competitions or otherwise, are those of the authors and not the Promoter. While the Promoter makes every reasonable effort to present such information accurately and reliably on the Website, it does not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
   3. The use of the Website, entering or voting in the Competition may use the services or functions of third-party providers (e.g. mobile network provider, social media platforms, Website manager, Website plug-ins) with the result that the Promoter will not be held liable to an Entrant if the functions or services provided by them to the Promoter or user for use on the Website or in relation to any Competition malfunctions in its engagement with an Entrant. Where possible, we request that any Entrant who experiences such problems assist us with determining any malfunctionality, where users might be asked to produce evidence/proof of same.
   4. The Promoter and its respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfilment agencies, and legal advisors (the “Released Entities”), shall not be liable for any loss or damage arising from or relating to: (i) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Promoter; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of any access or engagement with the Competition or Website, or any portion thereof that may have been awarded, or acceptance, possession, or use of any link, or any portion thereof that may have been awarded, or from participation in the Competition; or (vi) any printing or typographical errors in any materials associated with the Competition.
   5. The Promoter, its shareholders, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available in relation to participation or entry in the Competition.
   6. The Promoter, its shareholders, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the drawing and awarding of prizes, participation, or entering in the Competition, in any manner. 
   7. The Entrant indemnifies and holds harmless the Promoter, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the Entrant’s entry into, participation, or voting in any Competition in any way.
   8. The Entrant agrees to indemnify, defend, and hold the Promoter harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the Entrant’s breach of these Terms or any of the Promoter’s other applicable rules or policies.
4. Dispute Resolution
   1. Should any dispute, disagreement or claim arise between an Entrant and the Promoter concerning any matter relating to a Competition, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind. 
   2. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, it shall be resolved with the assistance of any applicable regulator, or finally, in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA“) by an arbitrator appointed by AFSA. 
   3. The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a claim against the infringing party.
5. General
   1. For the purposes of formal service of any notices or documents to the Promoter, same may be sent to chanile.schmidt@podnest.justcarehub.com whereas the service address for any Entrant is deemed to be the information as submitted by them at the time of Competition entry.
   2. No indulgence, leniency or extension of time granted by the Promoter shall constitute a waiver of any of the Promoter’s rights under these Terms and, accordingly, the Promoter shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
   3. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  
   4. An Entrant’s entering or participation in a Competition shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
   5. Should you have any complaints or queries, kindly address an e-mail to chanile.schmidt@podnest.justcarehub.com advising the Promoter of same.