SMIRNOFF #BETHENEXT COMPETITION RULES

SMIRNOFF #BETHENEXT COMPETITION RULES 1 AUGUST 2022 – 5 SEPTEMBER 2022

  1. Introduction

1.1. This promotional competition (“Competition”) is run by Yired (Pty) Ltd (“YFM”) in collaboration with The South African Breweries (Pty) Ltd (“SAB”) (together the “Promoters”) and is open to all persons of 18 years or older and resident in South Africa, except for: (i) the directors, members, partners, agents, consultants or employees of the Promoters and their immediate families, (ii) the directors, members, partners, agents, consultants or employees of any suppliers of any goods or services to the Promoters in respect of this Competition, (iii) directors, members, partners, agents, consultants or employees of the Promoters’ advertising and promotion agencies or associated companies, and (iv) participating outlet owners and staff.

1.2.  The rules set out in this document constitute the rules which will govern the Competition (“Competition Rules”).

1.3.  Participation in the Competition by all entrants (“Participants”) constitutes acceptance of these Competition Rules.

  1. Competition Period

This Competition will run from 1 August 2022 until 5 September 2022 at 15:00, both dates inclusive, or until YFM provides a public notice that the Competition has ended, whichever is earlier (“Competition Period”). Entries will only be accepted during the Competition Period.

  1. Competition Entry Process

3.1. In order to enter the Competition, Participants must:

3.1.1. record a 40 second audio clip demo (in mp3 format) which must contain the following: (i) a brief introduction to the Participant; and (ii) a live read of the script (available at www.bethenext.co.za), showcasing the following elements: (a) personality; (b) clear speaking voice; (c) creativity; and (d) execution style;

3.1.2.  upload the recorded audio clip or a link to the recorded audio clip on the relevant entry form available at www.bethenext.co.za; and

3.1.3.  follow the relevant steps, as prompted, and submit the requested information, including the Participant’s: (i) name and surname; (ii) email address; (iii) mobile number; (iv) suburb; (v) identity number; a photo of the Participant.

3.2. Only recordings uploaded by Participants of 18 years or older which comply with Competition Rule 3.1 above will be considered valid entries into the Competition. A post by a minor at the time of posting will automatically invalidate the entry.

3.3.  Entry is only valid through this medium and manner.

3.4.  A Participant may only enter the Competition once.

3.5.  Participants may edit and/or make changes to their entry prior to submission. Once a Participant has submitted an entry, no changes and/or edits may be made to the entry.

3.6.  The Competition will be promoted by the Promoters via three on premise activations on the following dates: (i) the first activation will take place on 18 August 2022 at The University of Witwatersrand in Johannesburg; (ii) the second activation will take place on 20 August 2022 at Great Dane in Braamfontein; and (iii) the third activation will take place on 27 August 2022 at the Maponya Mall in Soweto.

3.7.  Participants are liable for their own data and voice charges in respect of the Competition participation as well as any verification process, if applicable.

  1. Description of Prize

4.1. The prize for this Competition is the award of a temporary contract from YFM which will give the winner an opportunity to be a presenter on YFM’s ‘The Nightcap with Lula Odiba’ (the “Nightcap Show”) every Monday to Thursday between 00:00 – 03:00, from 26 September 2022 until 20 October 2022 (the “Prize”).

4.2.  There is one Prize available to be won during the Competition Period.

4.3.  The winner is responsible for the cost of travel to the local venue or event.

4.4.  No person may win more than one Prize in this Competition.

4.5.  The winner may not transfer the Prize, in whole or in part, to any other person or exchange the Prize for an alternate prize or for its cash value. A winner may not substitute him/herself with any other person.

4.6.  YFM will contact the winner to make arrangements for the winner to receive his/her Prize.

  1. Winner Selection and Notification

5.1. First Round Selection

The first three finalists will be selected from the entries received from 1 August 2022 up until 5 September 2022; and the second three finalists will be selected from all the entries received during the Competition Period on 5 September 2022 after 15:00 (“Top Six Finalist(s)”) by a panel of YFM judges to appear and co-host the Nightcap Show live on air on YFM 99.2 from 19:00 to 22:00 on the following dates: (i) Monday 29 August 2022; (ii) Tuesday 30 August 2022; (iii) Wednesday 31 August 2022; (iv) Monday 5 September 2022; (v) Tuesday 6 September 2022; and (vi) Wednesday 7 September 2022.

5.2. Second Round Selection


5.2.1. Each Top Six Finalist will be given one opportunity to co-host the Nightcap Show live on air on the aforementioned dates as stipulated in Competition Rule 5.1. The Top Six Finalists will be judged on the following criteria: (i) clear speaking voice; (ii) excellent communication skills; (iii) broad general knowledge; (iv) interest in current affairs and/or music; (v) technical understanding on how to operate broadcasting equipment; and (vi) the ability to connect with persons between the ages of 18 to 35 years old. There will also be challenges set out for each Top Six Finalist during the Nightcap Show in order for the Finalists presentation skills to be evaluated.

5.2.2. YFM listeners will then have the opportunity to vote for their favourite three finalists, via the link www.bethenext.co.za, from 7 September 2022 until 11 September 2022 at 15:00. Votes will be limited to one vote per day, per device.

5.2.3. The three finalists with the most votes will be announced as the top three finalists (“Top Three  Finalists”) on 12 September 2022.

5.3. Final Round Selection
5.3.1. The Top Three Finalists selected in terms of Competition Rule 5.2 above will be interviewed telephonically on the Nightcap Show for 7-10 minutes each on the following dates: (i) 13 September 2022; (ii) 14 September 2022; and (iii) 15 September 2022.

5.3.2.  The Top Three Finalists will have the opportunity to convince YFM listeners to vote for them. The Top Three Finalists will have the opportunity to thank their followers for voting for them and encourage their followers to retweet the Twitter post which the station has published for them. Only retweets that occur from 19:33 on 13 September 2022 until 15:00 on 22 September 2022 will be considered valid votes.

5.3.3.  The individual from the Top Three Finalists with the most retweets by 15:00 on 22 September 2022 will be selected as the winner.

5.4. The potential winner will be announced during the Nightcap Show at or around 19:33 on 22 September 2022. If YFM is unable to contact the potential winner, he/she will be disqualified and a substitute winner may at the discretion of YFM be selected, using the same winner selection process.

  1. Winner Verification

6.1. The potential winner must be over the age of 18 years old and must comply with the Participant eligibility criteria set out in Competition Rule 1.1 and the requirements in these Competition Rules, which may be verified by or on behalf of the Promoters. The potential winner may be asked to provide a copy of his/her identity document/passport/driver’s license/proof of residential address/proof of purchase, if applicable, in order to be eligible to receive the Prize. The Promoters reserves the right to conduct the validation and verification process via automated means and/or any other means that the Promoters may deem necessary, and by participating in the Competition, all Participants consent to the appropriate validation and verification measures that the Promoters may implement from time to time.

6.2.  The Prize will only be awarded by the Promoters and the potential winner will only be regarded as the winner after the verification process set out in these Competition Rules has been completed to the satisfaction of the Promoters. Failing successful verification of the winner, a substitute winner may be selected at the discretion of the Promoters.

6.3.  The Promoters reserves the right to carry out audits in respect of the potential winner to verify his/her eligibility and/or the validity of the potential winner’s entry. The Promoters may disqualify the potential winner if any fraud or cheating or related activity is suspected, including without limitation, through the manipulation of an entry or otherwise falsifying data. Should the Promoters or its agent determine that an entry or Participant is invalid or ineligible, the relevant Participant shall not be entitled to receive the Prize and will not be compensated in any way.

  1. Prize Forfeiture

7.1. The winner must communicate his/her full details to the Promoters or its agent as requested by the Promoters or its agent. Failure to do so may result in forfeiture of the Prize.

7.2.  If the winner is unable to attend, receive or utilise (as applicable) the Prize then the entire Prize shall be forfeited. There will be no compensation, in any form, including, but not limited to monetary compensation and/or rescheduling, to any party, irrespective of the reason/s for the inability of that winner to attend, receive or utilise (as applicable) the Prize.

7.3.  Time permitting and subject to the Promoters approval, where the Prize is forfeited a substitute winner may be chosen in the same manner as the original winner was chosen.

  1. General

8.1. Should the process for entry into the Competition or the Prize/s involve any alcoholic beverage, Participants shall ensure that it is enjoyed responsibly.

8.2.  No affiliation shall be construed to exist between any third party brand and the Promoters.

8.3.  To the extent that any intellectual property right/s arise as a result of or through the creation and/or submission by a Participant of content, including without limitation any pictures, videos, drawings or other creative works, to enter this Competition, such intellectual property right/s will vest in the Promoters and the Participant hereby waives any associated right/s. To the extent such rights have vested in a Participant, the Participant hereby cedes, assigns and transfers (by way of present and future cession, assignment and transfer) to the Promoters such rights and undertakes to do such things, takes such steps and sign such documents as are necessary to give effect to such cession, assignment and transfer. Each Participant indemnifies and holds harmless the Promoters from and against any and all claims, actions, legal proceedings, losses, damages and expenses (including attorney’s fees and expenses) arising as a result of or in connection with any actual or alleged infringement of any intellectual property rights of a third party arising from entry in the Competition and/or the Promoters use of any content, including without limitation any pictures, videos, drawings or other creative works, created pursuant to the Participant’s entry in the Competition.

8.4.  In the event of a dispute, YFM’s decision is final and binding and no correspondence will be entered into.

8.5.  The timelines stated by the Promoters or its agent must be adhered to. Failing adherence to any timeline, at any stage, may result in disqualification and forfeiture of the Prize in its entirety with no compensation to any party by the Promoters.

8.6.  Each Participant, by participating in the Competition, acknowledges, agrees and expressly consents to:

8.6.1. the Promoters processing the Participant’s personal information, including in the form of names, telephone numbers, identity numbers and/or email addresses, during and after the course and scope of the Competition; and

8.6.2. the Promoters transferring the winning Participant’s personal information, including names, telephone numbers, identity numbers and/or email addresses, to the relevant third parties in order to make any required travel, delivery or other arrangements, as may be applicable, during the course and scope of the Competition for utilisation of the Prize, which processing and transfer shall take place in accordance with the provisions of the Protection of Personal Information Act 14 of 2013 (“POPIA”) and any other applicable law, and for the purpose of giving effect to the Competition.

8.7. With the exception of Competition Rule 8.6 above, the Promoters will not share any personal information with any third party except where such disclosure is necessary to enable the Promoters to provide, deliver or in any other way give effect to these Competition Rules and/or the Prize, where such disclosure is permitted by law and/or where consent to sharing personal information is obtained from the relevant Participant by the Promoters. The Promoters will comply with the relevant data protection legislation, including POPIA.

8.8. A Participant may submit to SAB a request at https://www.sab.co.za/content/data-subject-request-0, or, in the case of YFM at https://bethenext.co.za/data-removal-request/, for the Promoters to:

8.8.1. correct or delete personal information about the Participant in the Promoters possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or

8.8.2. destroy or delete a record of personal information about the Participant that the Promoters are no longer authorised to retain.

8.9. The Promoters may make media announcements containing, or otherwise publish, the names and/or photographs of the winner without remuneration being payable to the winner, provided that the Promoters will not do so if the winner communicates in writing to the Promoters that he/she does not want his or her names or photographs to be contained in media announcements or otherwise published.

8.10.  Should the Prize not be available despite YFM’s reasonable endeavours to procure the Prize, YFM reserves the right to substitute the Prize with another of equal value as determined in YFM’s sole discretion and subject to availability. No person will entitled to be compensated in any way in this instance by YFM.

8.11.  The Promoters will not be responsible for any costs, expenses or other liabilities incurred by the winner which are not expressly contemplated as part of the Prize.

8.12.  These Competition Rules may be amended by the Promoters on public notice at any time during the Competition Period or thereafter. These Competition Rules will be interpreted by the Promoters only.

8.13.  The Promoters reserves the right to alter, amend or cancel this Competition in whole or in part. Any alterations, amendments or cancellations will be interpreted by the Promoters only. In the event of an alteration, amendment and/or cancellation, the Promoter will not compensate any individual for any reason whatsoever.

8.14. Each Participant indemnifies and holds harmless the Promoters, its associated companies, and the directors, officers, employees and agents of the Promoters and its associated companies, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever connected to or arising out of his/her participation in any way in this Competition or his/her receipt, participation, ownership and/or use of the Prize. This indemnity is not intended to exclude any liability for any person which cannot be excluded under the Consumer Protection Act 68 of 2008.

8.15.The Promoters shall not be responsible for any lost, damaged, corrupted, delayed, incorrect or incomplete entries for any reason whatsoever. Proof of sending an entry will not be accepted as proof of receipt of such entry. The Promoters shall not be responsible for the failure of any technical element relating to this Competition that may result in an entry not being successfully submitted. The Promoters is not responsible for lost, damaged or delayed entries as a result of any network, computer or cell phone hardware or software failure of any kind. No entry from an agent, third party, organised group or entry automatically generated by computer will be valid or accepted. An entry will only be valid and accepted if it complies with all entry instructions and requirements. Any form of network or systems manipulation, including but not limited to Botnets, Sim Farms, Trojans, SMS malware may not be used when entering the Competition.

8.16.  By participating in the Competition, each Participant gives the Promoters consent to: (i) market its products and campaigns to the Participant; (ii) conduct market research using personal information of the Participant which may be shared with third parties to enable the Promoters to develop appropriate marketing strategies in respect of its customers; and (iii) use the personal information and other details provided by the Participant during the Competition entry process for the purposes of facilitation of the Competition. A Participant may decline to provide or retract his/her consent by opting out via the opt out mechanism provided on the communications of the Promoters.

8.17.  A Participant shall not upload, post and/or share an audio recording, video, picture or post that is of an immoral, scandalous or illegal nature likely to have an adverse effect on the reputation of the Promoters including but not limited to the underage drinking of minors, drinking while pregnant, abusive or sexual behaviour, and/or the participation in dangerous activities.

8.18.  These Competition Rules are also available on www.bethenext.co.za.