MasterCard & McDonald’s Promotion: TERMS & CONDITIONS

MasterCard & McDonald’s Promotion:  TERMS & CONDITIONS
The terms and conditions set out below (“Terms”) govern the participation in and implementation of related administrative matters pertaining to the Promotion to be conducted by MasterCard Asia/Pacific Pte Ltd, a company with office at 152 Beach Road #35-00, The Gateway East, Singapore 189721 who has appointed Egg Entertainment and Productions (Pty) Ltd (“Egg”) to assist in organizing and executing the Promotion (collective referred to as “MasterCard”).
A.      Promotion Period
The Promotion (“Promotion”) will run from 19 October to 30 November 2016 (both dates inclusive) (“Promotion Period”).
B.      Eligibility
1.       Subject to these Terms, only the following categories of persons who are residents of South Africa are eligible to participate in this Promotion (collectively, “Eligible Persons” and each, an “Eligible Person”):
1.1.    An existing cardholder of a MasterCard card issued in South Africa (“Relevant Cards”);
1.2.    A person whose application for a Relevant Card is successfully approved during the Promotion Period;
1.3.    A person who is a South African resident with a valid ID number or passport;
1.4.    A person who is 18 years or older; alternatively the person will require a parent or legal guardian to submit the claim an claim the prize on the minor’s behalf.
2.       The following persons are NOT eligible to participate in this Promotion:
2.1.    permanent and/or contract employees, representatives, partners, debtors, consultants and/or agents (including advertising agents and contestant management agents) of MasterCard or Auram Restaurant Company (Pty) Ltd (“McDonald’s”) (including its subsidiaries and related companies), including its respective immediate family members, meaning parents, spouses, children and / or siblings;
2.2.    holder(s) of a Relevant Card(s) not issued in South Africa;
2.3.    holder(s) of a Relevant Card(s) who is (are) in default of any facilities granted by their issuing financial institution and/or MasterCard at any time during the Promotion Period, subject to MasterCard’s sole discretion; and/or
2.4.    any cardholder of a Relevant Card who has committed or suspected to have committed any fraudulent or wrongful acts in relation to his/her Relevant Card Account or any facility of service granted by their issuing financial institution and/or MasterCard as determined by Mastercard in its sole discretion.
3.       For the purpose of these Terms, an application for a Relevant Card is "successfully approved" only if it is submitted during the Promotion Period, is approved by the issuing financial institution during the Promotion Period, and if a Relevant Card is issued to/opened in the name of the Eligible Person during the Promotion Period.  For the purposes of clarity, a conditional approval is not a “successfully approved” application.
C.      How to Participate
1.             In order to be entered into the Promotion, an Eligible Person must successfully complete a transaction (“Transaction”). A Transaction is a successful purchase made by an Eligible Person using their Relevant Card on the McDonald’s “McDelivery” cellular telephone application or “app” during the Promotion Period.  
2.             Every Transaction will secure an Eligible Person an entry into the Promotion (“Entry”).
3.             Once entered into the Promotion, a person is considered a participant in the promotion (“Participant”).
D.      Winners and Prizes
1.1          Every Entry shall enter Participants into the draw for both the Weekly Prizes and the Grand Prizes (as defined below).
1.2          MasterCard will select winner(s) (“Winner(s)”) by conducting automated algorithmic draws, whereby Winners will be selected at random from the total pool of Entries.
1.3          Weekly Prize Winners will be selected every week during the Promotion Period.
1.4          Grand Prize Winners will be selected at the end of the Promotion Period.
1.4.1     Weekly Prizes:


1                                     Cash                                                    1 - R2 500                                              Winner to be drawn 26 October 2016
3                                     Cash                                                    1  - R5 000                                             Winner to be drawn 09 November 2016
5                                     Cash                                                    1  -  R10 000                                          Winner to be drawn 23 November 2016
6                                     Cash                                                    1  - R20 000                                           Winner to be drawn 02 December 2016
1,2,3,4,5,6                      Cash                                                    10 - R2000                                             One winner per day  to be drawn on 26 October, 02, 09, 16, 23 November and 02 December 2016
2 and 4                          Spa day for you and 3 friends               2 - R30 000/prize
·      Spa days will be arranged to take place in a spa closest to where the Winner resides as per their Mastercard information.
·      Transport to and from the spa shall not be included in the Prize.
·      Mastercard will provide a gift voucher to the value of R30 000 at the relevant spa which will be only for treatments for the Winner and 3 friends, should the Winner elect to bring 3 friends (“spa voucher”).
·      Any costs incurred at the spa day, exceeding the total value of the spa voucher, will be for the Winner’s account.
·      The spa voucher cannot be exchanged for cash or for any products.
1.5 Grand Prizes:
1.5.1 The Grand Prize is a weekend away to the value of R30 000 in the metropolitan area in which the Winner resides according to the personal information MasterCard has on record for the Winner.
1.5.2 There will be two Grand Prizes.
1.5.3 The Grand Prize must be redeemed between 1 February and 31 May 2017.
1.5.4 The Grand Prize shall include:
·      Accommodation; and
·      Three meals a day.
Any additional expenses or costs which exceed the value of the Grand Prize shall be for the Winner’s account. Specifically, the cost of transportation from the Winner’s residence to the accommodation shall be for the Winner’s account.  
1.5.5   MasterCard will notify the Winners of the Promotion and make suitable arrangements for all prize redemption. The Winner(s) will be notified via telephone during office hours over a ten (10) business day period. If contact is not made, after 5 attempts per day during the 10 day period, the Winner will be disqualified and a new Winner will be selected. The old Winner will be deemed to have forfeited the Prize.
1.5.6   The Winner(s) shall receive their Prize(s) at least 14 (fourteen) days after being notified that they have won a Prize.
1.5.7   All Prizes remain the property of the MasterCard and / or their relevant suppliers, pending redemption by Winner(s). Ownership of Prizes pass from the relevant prize supplier directly to Winner(s) and not via MasterCard.
1.5.7   All un-awarded or unclaimed Prizes will lapse if not the subject of valid claims and the award of which has been completed within the time limits as prescribed by these Terms.
1.5.8     All Prizes are given on an “as is” basis and are not transferable, nor exchangeable for credit or kind whether in part or in full. Where a Prize is a voucher, the voucher must be fully redeemed as any unused or unredeemed value will be forfeited.
1.5.9     All advertisements depicting the prizes and prize descriptions are illustrative rather than definitive.
1.6   Prizes must be collected by the Winner(s). MasterCard shall not permit a third party to collect a Prize on behalf of a Winner. All costs, fees and/or expenses incurred or to be incurred by the Winner in relation to the Promotion and/or to claim the Prize(s), which shall include but not be limited to transaction costs, shall be for the Winner’s account.
1.7   Reproduction of any prize imagery does not imply any endorsement or association by MasterCard with that Prize nor by the owner of any brand associated with that Prize.
1.8   The Winners(s) must abide by all laws and regulations currently in place and the terms and conditions of the party(ies) arranging and/or providing the Prize and the terms and conditions attached to the Prize, if any.  MasterCard will not be responsible or bear the cost of any other incidental costs. Purchases and entries must be made within the Promotion period and entries will not be permitted after the end of the Promotion period.
1.9   Supplementary Cardholders of a Relevant Card (Supplementary Cardholder) are not entitled to win the Prize.  Prizes won by a Supplementary Cardholder, if any, will be given to the principal cardholder of the Relevant Card.
1.10  All Relevant Card account(s) and/or other account(s), facilities or loans of the Winner must be in good standing during the Promotion, including the shortlisting process and before the date of delivery or collection of any Prize(s), as the case may be in order to be entitled to receive the Prize(s), including being prompt in payments due.
1.11  To the fullest extent permitted by law, there are no, and MasterCard expressly exclude(s) and disclaim(s) any, representations, warranties, or endorsements, expressed or implied, written or oral, including but not limited to, any warranty of quality, merchantability or suitability or fitness for a particular purpose in respect of the Prizes.
1.12  For the avoidance of doubt, the Prizes are provided by MasterCard.  The Eligible Persons, Participants and/or Winners hereby acknowledge and agree that MasterCard exclude(s) all warranty and/or liability in connection with the awarded prizes and/or the Promotion.  Participants shall assume full liability and responsibility in case of any liability, mishap, injury, loss, damage, claim or accident (including personal injury and/or death) resulting from their participation in the Promotion, redemption and/or usage of the prizes.  MasterCard shall not be held responsible for any loss, damage or injury (including death) in any manner whatsoever suffered by the Participants as a result of the participation in the Promotion and/or the use of the Prizes.
1.13  The risk of loss to the Prizes will pass to the Winners upon delivery of the Prizes to such Winners. MasterCard shall not be liable for or obliged to recognize or replace any lost or stolen Prizes where such loss in respect of the Prize is not due to the fault and/or negligence of MasterCard. 
2        Consent
2.1 Eligible Persons, Participants and/or Winners who participate in this Promotion are deemed to have expressly agreed to be bound by these Terms, the decisions of MasterCard and, to the fullest extent permitted by law, to have consented to and authorized MasterCard to disclose their particulars to the third party service providers engaged by MasterCard for purposes of the Promotion.  MasterCard warrants that the disclosure of such particulars to any third party service providers shall be limited to the Eligible Persons’ or Participants’ or Winners’ names, addresses and telephone numbers and shall be used only in relation to and for purposes of the Promotion.  MasterCard’s decision on all matters relating to the Promotion (including the interpretation of these Terms) shall be final and binding and no further correspondence or attempt to dispute such decision would be entertained.
2.2   By entering the Promotion, each of the Eligible Persons, Participants and/or Winners (or their guardians, as the case may be)  may give his/her consent and authorization to MasterCard to use his/her name, any photographs taken, or content posted by that person to social media sites in respect of the Promotion or other information provided by the Eligible Persons, Participants and/or Winners (“content”) for current and future advertising and publicity purposes relating to the Promotion. Should an Eligible Person, Participant and/or Winner (or their guardian) consent to Mastercard using their content for the purposes relating to the Promotion, the Eligible Person, Participant and/or Winner shall sign a Release Form provided to them by Mastercard. 
2.3   Any Participant under the age of 18 years, will require the written consent from his/her legal guardian, in order to be eligible to enter this Promotion. Any winner age of below 18 shall not be eligible for the prize if the winner does not receive from his / her legal guardian(s) the written consent to enter into the competition and / or to accept or enjoy the prize. 
3        Data Protection & Privacy
3.1   In connection with: (i) providing and administering the Promotion; (ii) communicating the Promotion; and (iii) selecting winners of the Prizes and awarding the Prizes to the Winners, MasterCard, their respective subsidiaries, affiliates and associated companies/entities and agencies will be collecting and using transaction data relating to the Participant’s MasterCard branded card and using such personal information for such purpose. 
3.2   In addition, a Participant’s card number will also be transferred to the Participant’s MasterCard branded card issuing financial institution in order to confirm the Winner’s identity.  MasterCard will be collecting personal information (e.g. name and phone number) of the Winner for the purpose of contacting the Winner.  The Winner is required to provide photo identification in order to collect the Prize.  If the personal information is not collected, MasterCard may not be able to award the Prizes to the Winner.  For more information on how MasterCard may use such personal information and for information on how the Participant may contact MasterCard to request for access or to amend his/her personal information, or to limit the use of his/her personal information, please refer to MasterCard’s Privacy Policy which can be found at
3.3   MasterCard may pass personal information relating to Prize Winners to their service providers or agents for the purposes of monitoring the distribution and use and, in the event of a suspected breach of any terms and conditions.
4        Miscellaneous
4.1   In the event that a Prize is awarded to Eligible Persons, Participants and/or Winners who or in the event that a Participant:
4.1.1is not eligible to participate in the Promotion and/or receive the Prize; and/ or,
4.1.2has committed or is suspected of committing any misconduct, fraudulent or wrongful acts, to be determined in MasterCard’s sole discretion,
MasterCard reserves the right to disqualify such Eligible Persons, Participants and/or Winners from participating in the Promotion and/or receiving the Prize.
4.2   MasterCard’s decision on all matters relating to the Promotion will be final and binding. MasterCard reserves the right, without prior notice and at any time, to terminate the Promotion, in whole or in part, or modify, suspend, or extend the Promotion in any way, or deem an Entry void and invalid if it determines, in its sole discretion, that the Entry reflects printing or other errors or falsification or other action which has undermined the integrity and / or feasibility of the Promotion. Such a determination may be made within MasterCard’s sole discretion.
4.3   To the fullest extent permitted by law, by participating in this Promotion, each and every Participant agree that he/she will not hold MasterCard and its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that MasterCard may engage for the purposes of this Promotion), liable for any loss or damages that he/she may incur, in connection with the Promotion.
4.4   MasterCard will not be liable for any default due to any war, riot, strike, lockout, industrial action, fire, flood, drought, storm, epidemic, pandemic, technical or system failure or any event beyond the reasonable control of MasterCard.
4.5   MasterCard reserves the right as it deems fit to vary or change any of these terms and conditions from time to time or cancel, terminate, withdraw, or suspend this Promotion and/or replace this Promotion with another similar promotion, Promotion or program with prior notice.  Participants will be notified of such variations, changes, cancellation, termination, withdrawal or suspension by a post on MasterCard’s website at (Website) or in any other manner as MasterCard deems fit.  In this respect, the Participants participation in this Promotion also signifies his/her agreement to access the Website at regular intervals to view these terms and conditions and to ensure that they are kept up-to-date with any variations or changes which MasterCard may effect from time to time.  Eligible Persons, Participants and/or Winners also agree that their continued participation in this Promotion will constitute their acceptance of these terms and conditions (as varied from time to time).  For the avoidance of doubt, any cancellation, termination, withdrawal or suspension by MasterCard of this Promotion will not entitle the Participant to any compensation against MasterCard for any and all loss or damage that may be suffered or incurred by the Eligible Persons, Participants and/or Winners as a direct or indirect result of the act of cancellation, termination, withdrawal or suspension.
4.6   Any term and condition applicable to this Promotion which is illegal, prohibited or unenforceable under any law or regulation shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions.
4.7   These Terms and Conditions are governed by and construed under the laws of South Africa.
Annexure A
List of participating McDonalds stores:

1. Woodmead
2. Kenilworth
3. Retail crossing
4. Fourways
5. Zambesi
6. Atterbury
7. Roodepoort
8. Kempton park
9. N1 City
10. Durbanville
11. Edenvale
12. Wonderpark
13. Silver Lakes
14. Plumstead
15. Pretoria West
16. Jean Avenue
17. Kuilsrivier
18. Milnerton
19. Seapoint
20. Douglas Road
21. Hamilton
22. Beach Road
23. Columbine
24. Rosebank
25. Newcastle
26. Menlyn Retail Park
27. Sunnyside
28. Polokwane CBD
29. Tyger Manor
30. Woodlands
31. Pta North
32. Centurion Lifestyle
33. Norkem Park
34. Isando
35. Waverley
36. Observatory
37. Eikestad
38. Waterstone
39. Viking
40. King Williams Town
41. Rivonia
42. Bloem CBD
43. Cradlestone
44. Lyttelton
45. Wonderboom
46. Braamfontein
47. Shallcross
48. Psalms K90
49. Springs
50. Mall @ Carnival
51. Mitchell's Plein
52. Rondebosch
53. Ghandi Square
54. Selby
55. Mafikeng
56. Craighall Park
57. Blue Hills
58. Honey Ridge
59. Stoneridge
60. Lyndhurst
61. Ormonde
62. Bellville
63. Gateway PTA
64. Irene
65. Pinetown
66. Ballito
67. Hillfox
68. Sandown
69. Brackenfell
70. Amanzimtoti
71. Skinner
72. Parow
73. Kuruman
74. Raisethorpe
75. Lenasia
76. Bluff
77. Rock & Roll
78. Wingtip
79. Chilli On Top
80. Uitenhage
81. Maitland
82. Carltonville
83. Meadowdale
84. Beacon Bay
85. Cape Road
86. Great North
87. Benoni