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amaWinna STEP 1 AND STEP 2

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WELCOME TO THE ASTRON ENERGY AMAWINNA END OF YEAR SUMMER PROMOTION TERMS AND CONDITIONS

You are required to read and understand Astron Energy “AMAWINNA” Terms and Conditions. Questions related to these terms and conditions may be addressed to the promotions team via email astronenergy@amawinna.co.za

Please read these terms and conditions (“Terms”) carefully. The Terms set out below apply to all participants entering the Astron Energy AmaWinna Promotion (the “Promotion”) conducted by Astron Energy (Pty) Ltd ("Promoter"). If you do not agree to be bound by all of the Terms, then please refrain from entering the Promotion. Instructions on how to enter into the Promotion and all prizes form part of the Terms. Participation in the Promotion is deemed to be your acceptance of the Terms and an acknowledgement of your legal capacity to enter the Promotion. Entries not complying with any of the Terms will be invalid and be of no force and effect.

Limitation of risk, legal responsibilities and liability:

1. Clauses 14, 15, 16 and 21 below are important because they limit and exclude liability and legal responsibilities that Astron Energy and other third parties or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other parties/entities are limited or excluded. These clauses also limit or exclude your right to recover from, or make claims against, Astron Energy for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clauses 12 and 17 are particularly important because you take on risk, legal responsibilities and liability. In terms of these clauses, you accept responsibility for and indemnify Astron Energy against various risks, damages, harm, and injury which may be suffered by you and others for what is stated in this clause.

1. This Promotion is supported on the Astron Energy South Africa Facebook Page(@AstronEnergy https://www.facebook.com/astronenergy ), Astron Energy South Africa Twitter Handle (https://twitter.com/AstronEnergySA) and Astron Energy South Africa Instagram Page (@Astron_Energy - https://www.instagram.com/astron_energy ), and the Astron Energy website – astronenergy.co.za . This Promotion is supported by various marketing efforts to drive awareness.
2. The Promoter reserves the right to amend these Terms at any time during the The onus rests on the Participants to check the relevant website for updates to the Terms.

Eligible Participants:

The Promotion is open to all South African permanent residents and all South African citizens over the age of 18 (eighteen) years at the date of entry (“Participants”) except for Excluded Participants. The Promotion is only taking place in the Republic of South Africa.

Excluded Participants
1. The Promotion is not open to the directors, members, business partners, or employees of the Promoter, including but not limited to the Promoter's agents, contractors, advertising agencies, advisors, consultants, or any associated entities involved in the provision of goods or services related to the Promotion, whether employed by the Promoter or not), Caltex or Astron Energy Service Stations, Freshstop, any other C-Store partner. This exclusion also extends to immediate family members of the aforementioned persons, such as spouses, life partners, parents, grandparents, siblings, and children, as well as any other individuals or entities directly or indirectly controlled by the Promoter.

Duration:

The Promotion commences on Friday, 22 November 2024 at 00h01 SAST and will end on Thursday, 09 January 2025 at 23h59 SAST.
Promotion is only valid while stocks last.
Any entries received outside of the duration of the Promotion will be invalid, automatically disqualified, and will not be considered.

How to enter: Entry Mechanism & Entry Conditions:

In order to enter the Promotion, a Participant must:
1. Spend R400.00 (four hundred rand) or more on any fuel and lubricants sold on the forecourt of any of the Promoter’s service stations located in the Republic of South Africa within the duration of the Promotion;
2. request the receipt and retain the receipt as proof of purchase;

Only the original unique till slip(s) for your purchase(s), dated and timed before the date and time of your entry, and clearly displaying purchase of the qualifying product(s) to the minimum value of R400.00 (four hundred rand) will be accepted. The receipt must not be written on or tampered with in any way. Should a potential winner not be able to provide the original or a scan or photograph of the original unique till slip to the Promoter on request, that potential winner will be disqualified. The qualifying products are subject to availability at time of purchase.

Enter via the following channel:
- WhatsApp:
  1. Save the number: Save the WhatsApp number 079 701 6729 to your contacts,
  2. Start the game: Send the keyword AMAWINNA and follow the on-screen prompts.
  3. Access the game: Once entry is verified, you will receive a link to the Pick A Pump game.
  4. Play and Win: Follow the link and play the Pick A Pump game to win an instant prize or cash.
  5. Promoter shall not be responsible for telecommunication failure on the part of the Participant’s service provider.
  6. Participants must enter using a phone number that is contactable during office hours i.e. 08h00 to 17h00, Monday to Friday, excluding Public Holidays.
  7. Every 1x R400 or more spend entitles you to 1 entry.

We recommend saving copy of your till slip on your cell phone as proof of purchase is required for verification purposes.

Number of entries:

Subject to clause 11(d) below, multiple entries are permitted. However, each promotion entry must be for separate purchases of R400.00 or more (in a single purchase) on fuel (petrol or diesel) and/or lubricants and in accordance with entry requirements. Multiple entries of the same purchase will result in immediate disqualification.
If any entry was made in a manner, which, in the Promoter’s discretion, provides the participant with an unfair and undue advantage over other entrants, such a Participant will be disqualified from this, and all future Promotions, run by the Promoter. Should there be any dispute in this regard; the Promoter’s decision will be final. The Promoter reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered. The participant will be given reasons for disqualification upon request.
The promoter reserves the right to disqualify any entry made by a participant using a till slip in respect of a purchase of fuel which the participant paid for using funds belonging to an employer, company or any other natural or juristic person (i.e. the participant paid for the qualifying fuel using another person’s money). Should there be any dispute in this regard; the Promoter’s decision will be final. The Promoter reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.

General:

Data charges may apply when redeeming any prize or accessing the online voucher redemption platform. Standard network rates will apply.

Prizes:
1. Eligible Participants stand a chance to win [the following] guaranteed cash and instant prizes.[1]
  1. Instant prizes:
    - Pre-paid data voucher 250MB WhatsApp, 500MG Facebook, TikTok
    - R50 pre-paid airtime voucher
    - R100 groceries voucher
    - R50 fast food voucher
    - R400 tyre voucher
    - R250 spend and get home shopping voucher.
    - R150 spend and get gifting voucher.
    - R100 spend and get voucher, fashion voucher.
    - R150 return flight voucher.
    - R200 massage treatments voucher
    - 1-week free gym membership voucher
    - Back to school vouchers
    - Bus coupons
  2. Cash prizes:
    - Week 1: 10 x R1000
    - Week 2: 9 x R2000
    - Week 3: 8 x R3000
    - Week 4: 7 x R4000
    - Week 5: 6 x R5000
    - Week 6: 5 x R6000
    - Week 7: 16 x R10,000

The aforementioned prizes are non-refundable, non-transferable or exchangeable and the winner(s) indemnifies the Promoter and its representatives against any harm in experiencing or using a prize to the fullest extent permitted by the Consumer Protection Act Number 68 pf 2008. Participating merchant’s terms and conditions apply to voucher redemption.
The cash prizes will be delivered to winner(s) via electronic funds transfer (EFT). Winner(s) must provide proof of a valid bank account in their name. Winner(s) are responsible for all taxes, duties or other charges applicable to the payment and receipt of the prize. If the Promoter is required to pay any such sum applicable to the prize amount prior to transferring the prize to the winner(s) by EFT, then such amounts will be deducted from the cash prize amount prior to transfer by EFT.
Limitation on Prizes: Participants are restricted to winning only one (1) cash prize for the duration of the Promotion. In the event a participant is selected as a winner of more than one cash prize, only the first prize will be awarded, and subsequent prizes will be forfeited.
Issuance of Cash Prize: The cash prize will be issued exclusively in the name of the winner as registered in the Promotion. Prizes are non-transferable, and no alternative arrangements will be permitted.
If you win a cash prize, a message will appear on your screen prompting you to email astronenergy@amawinna.co.za to claim your prize.

Prize fulfilment:

The Notifier (nominated by the promoter) will contact a potential cash prize winner via telephone ("Telephone Call") using the cell phone number provided by the Participant at the time of entry into the promotion.
The Notifier will endeavour to contact the winner once every day for 3 consecutive working days after they win the cash prize and leave a voice message (if possible to do so), in order to verify their details. However, if the winner cannot be reached and does not return the call within 24 working hours of the last voice message being left on the third working day of attempting to contact the Participant, the prize will be forfeited and another winner will be selected in accordance with the provisions of the Terms.
The contacted potential prize winner, will then be required to provide:
1. their proof of the purchase (Valid till Slip)
2. a copy of their valid SA identification document (ID) or Passport for Permanent Residence;

Proof of bank account details in winner’s name not older than 1 month

Completed winner’s release form (which will be provided by the Notifier)

Potential winner(s) will be required to provide information set out in Clause 8 (b) and 14 (g) within 48 hours from receiving the Telephone Call by the Notifier, failing or refusing to do so for any reason, the potential winner will be deemed to have rejected the Prize and shall have no claim against the Promoter, and it shall revert to the Promoters.
The potential winner (s) will be required to provide their proof of purchase (i.e. till slip) connected with their winning entry. The details contained in the original till slip retained by the potential winner must match those in the potential winner’s entry. If the details in the potential winner’s original proof of purchase do not match those of the winning entry, that potential winner will be disqualified, and the Promoter will reallocate the prize.
A potential prize winner is not an actual winner, until his/her status as an Eligible Participant is confirmed, their entry submission is validated, and his/her qualifying documents (including proof of the transaction) are completed and submitted to the Promoter or someone nominated by the Promoter. Entrants’ and winners’ personal information will be handled in accordance with Clause 22
The Promoter shall not be held liable for any failure or delay in contacting a potential winner due to incorrect or incomplete contact details provided by the Participant or technical failures, including issues with the Participant’s phone service provider.
If, after a reasonable number of attempts, the Notifier is unable to contact a potential winner due to issues such as incorrect contact details, phone service issues, or the winner’s failure to respond within the specified time frame, the Promoter reserves the right to disqualify the potential winner and allocate the prize to an alternative potential winner.
The Promoter reserves the right to verify the identity of the potential winner, including the right to require the potential winner to present additional identification or other forms of verification deemed necessary, such the potential winner’s residential address, before awarding any prize.

Validation of a Winner:

The Notifier will be responsible for all winner validation and fulfilment of prizes.
The Notifier, acting as the duly authorized representative of the Promoter, shall be solely responsible for the validation of all potential winners and the subsequent fulfilment of prizes. The Notifier shall ensure that all necessary verification processes are conducted in accordance with these Terms, including but not limited to, confirming the eligibility of the winner, the validity of the entry, and compliance with the entry requirements as outlined herein. The Notifier’s decisions regarding the verification of winners shall be final and binding, and no correspondence or appeals will be entered into with respect to such decisions. Upon successful validation, the Notifier will facilitate the delivery of the prizes to the confirmed winner in accordance with the specified prize fulfilment procedures.

Winner Prize Redemption:

Each Prize, or any unused portion thereof, is non-refundable, non-transferable, and not exchangeable for cash or any other alternative unless expressly stated by the Promoter. The winner indemnifies the Promoter and its representatives against any harm, injury, or loss incurred in connection with the use, enjoyment, or acceptance of the Prize, to the maximum extent permitted by law.
The winner is solely responsible for any additional costs, taxes, or duties associated with the acceptance and use of the Prize, including but not limited to any travel, accommodation, or ancillary costs not expressly included in the Prize description.
Prizes may be subject to availability and the Promoter reserves the right to substitute any prize with another of equal or greater value, without prior notice. The Promoter’s decision regarding the substitution of a prize is final and binding.
Any Prize awarded as part of the Promotion may be subject to additional terms and conditions imposed by the supplier or service provider of the Prize. The winner agrees to comply with all such additional terms and conditions. Failure to comply with the terms associated with the Prize may result in forfeiture of the Prize, without any obligation on the part of the Promoter to provide compensation or alternative arrangements.
The Promoter will not be liable for any damage, loss, or disappointment suffered by the winner if the Prize is unable to be redeemed due to circumstances beyond the Promoter’s reasonable control, including but not limited to acts of nature, government restrictions, or other force majeure events.
If the winner fails to claim the Prize within the specified time frame, as outlined by the Promoter, the Prize will be forfeited.
The winner may be required to provide proof of identity, age, and residence before any Prize is awarded. The Promoter reserves the right to withhold the Prize until satisfactory proof has been provided, at the Promoter's discretion.
The Promoter accepts no responsibility for any incorrect or incomplete contact details provided by the winner which may result in the Prize being forfeited.

Forfeiture of the prize:

If a prize has not been claimed within 1 month of it being allocated to a winner, then the prize will be forfeited in accordance with the provisions of these Terms. The Promoter and its promotional and advertising agents, merchandisers and organisers shall not be responsible for any decline of acceptance of prizes for any reason.
The prizes shall not be awarded (and entries disqualified) if entry procedures or these Terms have not been adhered to or if the Promoter detects and/or suspects any irregularities or fraudulent practices or attempts to circumvent the rules, including the submission of false or misleading information by the Participant.
Any participant who has been found to have breached these Terms, including but not limited to engaging in fraudulent or dishonest behaviour, may be disqualified from the Promotion. The Promoter reserves the right to seek restitution, including the return of the forfeited prize if such conduct is discovered after the prize has been awarded.
In the event of any dispute regarding forfeiture of a prize, the Promoter’s decision shall be final, and no correspondence will be entered into.
The Promoter shall not be responsible for any delays, failures, or errors in delivery of a prize to a winner caused by incorrect or incomplete information provided by the Participant or by circumstances beyond the Promoter’s reasonable control.

Limitation of Liability:

If for any reason, this Promotion cannot be run as planned for any reason, including but not limited to an infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion. The Promoter also reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Therefore, the participant waives their right which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of against the Promoter, even if caused by the negligence of the Promoter.
No liability shall lie against Astron Energy (Pty) Ltd in favour of any customer, winner(s), or third parties arising from any cancellation, suspension, or termination of the Promotion.
The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this Promotion.
If required by the Minister of Trade, Industry and Competition, the National Consumer Commission or for whatever other reason, the Promoter will have the right to terminate this Promotion with immediate effect and without notice of such termination. In such an event, all Entrants hereby waive any rights, which they may have against the Promoter and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against the Promoter.
The Promoter reserves the right, in its sole discretion, to substitute any prize with another of equal or greater value without prior notice. Prizes are subject to availability and the Promoter may, at any time during the Promotion, replace or remove prizes or prize elements, including but not limited to those provided by third-party merchants, without incurring any liability.
Additionally, the Promoter reserves the right to add or remove participating merchants from the Promotion at any stage, for any reason, without notice or the need to justify such decisions to Participants. Such changes will not affect the overall value of the prizes offered, and no correspondence or claims will be entertained regarding these changes.
The Promoter reserves the right to delete any information uploaded by a participant which the Promoter, in its absolute discretion, believes is illegal, obscene, offensive or defamatory, or infringes the intellectual property rights of a third party, or is otherwise inappropriate for a campaign designed for mass audience entertainment.
The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the Promotion and or prize/s except for any liability, which cannot be excluded by law. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this promotion, if the deficiency is occasioned by any cause outside the reasonable control of the Promoter, including without limitation, technical malfunctions or failures or warranties (including warranties and functionalities of the prizes). If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.

Promoter’s Decision Final:

The Promoter’s decisions on all issues regarding the Promotion will be final, binding and no correspondence will be considered. The Promoter also reserves the right to:
1. correct any errors or omissions regarding the Promotion, including on any published material; or
2. suspend or terminate the Promotion, on written notice at any time, and such cancellation or termination shall be deemed to have taken effect from the date of such notice.
The Promoter’s decision to disqualify an entry is final and no correspondence will be considered.

Use of Personal Information:

The Promoter collects personal information about entrants (including identification, contact and address information) in order to contact them about the promotion and where appropriate, verify their identity to award and deliver prizes. Personal information will be handled in accordance with the Protection of Personal Information Act Number 4 of 2013 (POPIA).
Only those entrants who opt-in to receive future communications from the Promoter will also be contacted for future promotions and communication related to the Promoter.

Winners’ consent to marketing and other activities after receiving a prize

Winners consent to their first name, last name and town of residence being announced on the Promoter’s social media platforms, if required.
The Promoter may request a winner to agree to participate in the following marketing/publicity activities, which the winner has the right to refuse in writing to do:
1. be present at the time that the winner is announced;
2. agree in writing (or otherwise), to endorse, promote and advertise the goods or services of the Promoter, at no cost or expense to the winner.

take part in publicity / marketing campaigns for broadcasting or publishing purposes;

consent to the use of their image in marketing material.
winners that take part in any publicity will not be entitled to any payment or other remuneration for doing so.

Further Participation by a Winner:
1. The Promoter may, after a winner has been publicly announced, request that such winner agrees in writing or otherwise to endorse, promote and advertise the goods or services of the Promoter, at no cost or expense to the winner subject to right of refusal. The winner may also be required to take part in publicity campaigns for broadcasting or publishing purposes and will be requested to consent to having their photograph taken for all press releases and/or social media. The winner is entitled to refuse this request.
2. Prize winners, on acceptance of prizes, may be requested to be identified in publicity, broadcastings or publications with Promoter’s internal or external communications including social media, subject to a right of refusal. The winner is entitled to refuse this request. Upon winning, their names (first name, last initial and town of residence) may also be announced on the Caltex Facebook page. winners that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. The winner is entitled to refuse this request.
3. Participants warrant that they have full rights to the content that they upload and that the use of the said material shall not constitute a breach of any third party’s copyright or other intellectual property rights.
4. Participants agree that by uploading their “images” and comments, they grant permission to the Promoter to use the images, comments or any part thereof unless specifically refused / declined consent/permission, in any and all media for the Promoter’s business purposes, including promotional/marketing purposes with no consideration payable to the participants. Such permission is perpetual and irrevocable. Participants release and agree to hold harmless the Promoter and all acting under the Promoter’s authority from any liability for such use and from any other claims arising from such use.
5. Social media sites include but are not limited to, Facebook, Twitter, Instagram, YouTube. Original content includes but is not limited to, any piece of written content, audio or visual video or sound clips, images, photographs.
6. If Participants include any personal information of third parties in content that they upload or other information provided to the Promoter for purposes of the Promotion, they must be legally permitted to provide such information and to grant the permission referred to in clause 14, in respect of such information. Each participant indemnifies the Promoter against any losses suffered or claims made against the Promoter as a result of the participant not being legally permitted to provide such information or grant the Promoter permission to use it.
7. Content created for the promotion may not be in any way derogatory or harmful to any party; public, entrants or Promoters. Such content shall be removed and the creator banned from the site. Content which is seen to do the following shall be removed from the site and the creator will be banned: content that is perceived to be spam, the collection of personal information, content that serves a commercial purpose or content that is deemed malicious. The Promoter reserves the right to remove any such content from the site without prior warning. The Promoter reserves the right to judge these pieces of content and will use their own discretion in determining whether or not they are outside the guidelines set out in these terms and conditions.

Indemnification:

All Participants and winners indemnify the Promoter, its directors, employees, contractors, advertising agencies, advisors, suppliers and agents against any risks, loss, claims or ownership arising from:
1. the use or disposal of the prize including, but not limited to, accident, injury, harm, or loss;
2. their participation in the Promotion, including any costs associated with such participation;

against any direct, indirect, special, incidental, consequential damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participants participation to the Promotion;

any subsequent transfer or exchange of the prize; and/or any lawful cancellation or termination of the Promotion or the correction of any errors or omissions within the Duration of the Promotion.

This means that even if the Promoter is negligent, you will have no claim against them for any harm listed above.
Neither Promoter nor its agents or distributors will have any liability in relation to this Promotion.
1. The Promoter reserves the right to carry out reasonable due diligence to help ensure that the use of any such person in advertising or publicity for the Promotion will not bring the Promoter or any of the Promoter’s brands into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Promotion as determined by Promoter in its sole discretion.

Data Privacy:

1. For the purposes of this clause, the following definitions shall apply:
  1. "Applicable Law" means any applicable South African law, including inter alia, the common law, statute, subordinate legislation, treaty, guideline, directive, rule, by-law, regulation, ordinance, protocol, code, standard, requirement, order, judgment, injunction, award or decree of any applicable governmental authority having the force of law;
  2. “Data Breach” means any loss, damage or unauthorised access or acquisition of Personal Information;
  3. “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with Data Protection Legislation in the relevant jurisdiction, and includes South Africa’s Information Regulator who is established in terms of section 39 of POPIA;
  4. "Data Protection Legislation" means any Applicable Law related to data protection or data privacy laws, including but not limited to POPIA, the Electronic Communications and Transactions Act 25 of 2002 and the Consumer Protection Act 68 of 2008;
  5. “Data Subject” means the person to whom Personal Information relates;
  6. "Personal Information" means all information relating to individuals that is Processed in terms of this Agreement and where applicable, information relating to an identifiable, existing juristic person, and also has the meaning given to an equivalent term under Data Protection Legislation;
  7. "Process" means any operation or activity or set of operations, whether or not automatic concerning Personal Information including to collect, receive, record, organise, collate, store, develop, retrieve, consult, use, disseminate or perform any other act or action, including any other act or action which may be treated or defined as "process" or "processing" in terms of any applicable law (including Data Protection Legislation). The word "Processed" shall have a corresponding meaning;
  8. “Representatives” means, in respect of a person, the directors, officers and employees employed by, and contractors, consultants and agents engaged by, the person;
  9. “Responsible Party” means a public or private body or any other person that, alone or in conjunction with others, determines the purpose of and means for Processing Personal Information, and also has the meaning given to an equivalent term under Data Protection Legislation;
    1. The Promoter will comply with its obligations under Data Protection Legislation in relation to Personal Information in respect of which it is the Responsible Party.
    2. The Parties acknowledge that the Promoter may from time to time receive, transfer or otherwise Process Personal Information under the Agreement. The Promoter will process all Personal Information processed in connection with its performance in terms of the Agreement in accordance with all Applicable Law including Data Protection Legislation, this clause and all reasonable requests from time to time with respect to protecting Personal Information, including restricting employee and agent/sub-contractor access to Personal Information.
    3. To the extent that the Promoter Process Personal Information as an “Operator” (as defined in the Data Protection Legislation) on behalf of an entrant / Eligible Participant or in performing its obligations under the Agreement, the Promoter must:
      1. only Process Personal Information for the purposes of performing its obligations under the Agreement or as otherwise authorised in writing;
      2. treat all Personal Information which comes to its knowledge as confidential and not disclose such information without prior written consent, except as required by law;
      3. not sub-contract the Processing of Personal Information to a third party, or transfer the Personal Information outside of South Africa, without prior written authorisation;
      4. secure the integrity and confidentiality of Personal Information in its possession or under its control by taking appropriate and reasonable technical and organisational measures to protect Personal Information against loss, damage, unauthorised destruction and unlawful access or Processing;
      5. immediately notify the other Party where there are reasonable grounds to believe that Personal Information has been lost, damaged, accessed or acquired by any unauthorised person;
      6. assist each other to comply with any of its obligations under Data Protection Legislation in relation to Personal Information Processed, notification of Data Breaches, requests by Data Subjects for access to, or correction or deletion of, their Personal Information and any investigation or assessment conducted or direction given by a Data Protection Authority;
      7. except as required by law or agreement between the parties, return or destroy all Personal Information when it is no longer required for purposes of this Agreement, on termination of the Agreement for any reason, if required by law or on request be either Party at any time.
      8. Unless otherwise agreed between the Parties in writing, the obligations of this clause shall survive expiration or termination of the Agreement for any reason.
      9. For further details regarding this Processing, please see the Promoters privacy statement: https://www.astronenergy.co.za/privacy-policy/

Applicable Law and Jurisdiction:

Independent registered auditors and/or attorneys will oversee this Promotion.
The laws of South Africa apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of South Africa.

Contact the Promoter:

For any queries, please contact the Promoter’s Customer Service Centre via email at astronenergy@amawinna.co.za during operating hours: Monday to Friday, 08h00 to 17h00, excluding Public Holidays. Physical address: 5 Century Boulevard, Century City, 7441.

*Disclaimer: Information was correct at time of publishing but may be subject to change.

SOCIAL MEDIA COMPETITION TERMS AND CONDITIONS

WELCOME TO THE ASTRON ENERGY AMAWINNA SOCIAL MEDIA COMPETITION, RUNNING UNTIL FROM 25 NOVEMBER 2024 TO 09 JANUARY 2025

PLEASE NOTE THAT THIS COMPETITION TAKES PLACE ONLINE ONLY IN ADDITION TO THE AMAWINA END OF YEAR SUMMER PROMOTION RUNNING 25 NOVEMBER 2025 – 09 JANUARY 2025

TERMS AND CONDITIONS

Please read these terms and conditions (“Terms”) carefully. The Terms set out below apply to all participants entering the ASTRON ENERGY 400 Forecourts & Beyond Social Media Engagement Competition (“Competition”) conducted by Astron Energy (Pty) Ltd (the “Promoter”). If you do not agree to be bound by all of the Terms, then please refrain from entering this Competition. Instructions on how to enter into this Competition and all prizes form part of the Terms. Participation in this Competition is deemed to be your acceptance of the Terms and an acknowledgement of your legal capacity to enter this Competition. Entries not complying with any of the Terms will be invalid and be of no force and effect.

The Promoter reserves the right to amend these Terms at any time during this Competition. The onus rests on the Participants to check the relevant website for updates to the Terms.

Limitation of risk, legal responsibilities and liability:
Clauses 10, 11, 12 and 17 below are important because they limit and exclude liability and legal responsibilities that The Promoter and other third parties or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other parties/entities are limited or excluded. These clauses also limit or exclude your right to recover from, or make claims against, The Promoter for losses, damages, liability or harm you or others may suffer as a result of your participation in this Competition. Clauses 12 and 17 are particularly important because you take on risk, legal responsibilities and liability. In terms of these clauses, you accept responsibility for and indemnify The Promoter against various risks, damages, harm, and injury which may be suffered by you and others for what is stated in this clause.

The Promotor is running this Competition on various social media platforms, in conjunction with THE AMAWINA END OF YEAR SUMMER PROMOTION RUNNING 25 NOVEMBER 2025 – 09 JANUARY 2025.

In terms of this Competition, participants stand a chance to 1 of 49 cash prizes valued at R1000 each during the competition period. Participants of this competition who submit valid entries to this Competition in accordance with the Terms, stand a chance only to win the prizes stipulated in these terms.

This Competition is published on the Promoter’s Facebook Page (@AstronEnergy https://www.facebook.com/astronenergy), X page (https://x.com/AstronEnergySA), Instagram Page (@AstronEnergySA - https://www.instagram.com/astronenergySA), and website – www.astronenergy.co.za.

Participants:
1. This Competition is open to all South African permanent residents and all South African citizens over the age of 18 (eighteen) years at the date of entry (“Participants”) except for excluded Participants set out below in clause 3). This Competition is only taking place in the Republic of South Africa.

Excluded Participants:
1. This Competition is not open to the directors, the members, the business partners, and the employees of the Promoter, and the Promoter’s sales agents, advertising agency staff, advisors, consultants, associated companies, and/or the supplier of any goods or services in connection with The Competition (whether that person is employed by the Promoter or not). This includes, but is not limited to, the Promoter’s Branded Marketer Network and their employees, the Promoter’s Service Stations, M&C Saatchi Abel, M&C Saatchi Connect, Standard Bank South Africa, FreshStop, COLONY Campaigns, and the immediate family members of aforesaid persons (including, but not limited to, spouses, life partners, parents, grandparents, siblings and children), and any other person who is controlled directly or indirectly by the Promoter, as well as the associated companies of entities or persons mentioned in this clause 2, including holding companies and subsidiaries, their employees, agents, subsidiaries and consultants. This Competition is also not open to any of the Promoters’ service station operators, staff and their immediate families (including, but not limited to, spouses, life partners, parents and children

Duration:
1. This Competition commences on Monday, 25 November 2024 at 10h00 and will end on Thursday, 09 Jan 2025 at
2. entries received outside of the duration of this Competition will be invalid, automatically disqualified, and will not be considered.

Entry Mechanic & Entry Conditions:
1. 1. To enter this Competition, an Eligible Participants must:
    Respond to Promoter’s posts on the Promoter’s Facebook (@AstronEnergy), Instagram (@AstronEnergySA and X (AstronEnergySA) pages (@AstronEnergySA); with the correct answers or call to action in response to the competition post.
  2. Comment or post a relevant response to the call to action on the social media post with the correct answers requested.

Number of entries:
1. Eligible Participant may enter this Competition more than once.
Prizes:
1. Eligible Participants entering this Competition stand a chance to win 1 of 49 cash prizes each valued at R1000.
2. The Winners can redeem their prizes through the eWallet service using their cell-phone number given for the prize redemption at the time of contact by COLONY Campaigns (PTY) Ltd (The Notifier).
3. Total prize value over the campaign period (25 Nov 2024 – 09 January) amounts to R49 000.
4. Each prize is valid for redemption for a period of three years once claimed by the Winner.
Selection of Winners:
1. Seven winner winners will be randomly selected by means of a computer-generated random draw, from the pool of valid entries of Eligible Participants on from 25 November 2024 to 09 January 2025.
  In total (at the end of the campaign) there will be 49 social media winners each winning a cash prize value of R1000 per winner.
Contacting of a Winner:
1. Winners will be announced on the Promoter’s Facebook, Instagram and Twitter pages once verified and the Promoter will contact each potential prize winner via Direct Message or Private Message on the social media profiles of the potential prize winners used to enter this Competition. Potential Prize winners will be requested to send their mobile and email contact information which will be passed onto COLONY Campaigns (PTY) Ltd (the Notifier), the prize-fulfilment company nominated by The Promoter.
2. COLONY Campaigns (PTY) Ltd (the Notifier) will contact a potential prize Winners by telephone to the cell phone number provided by the potential prize Winner via Direct / Private Messages on social media.
3. The Notifier will endeavour to contact the Winner once every day for 3 consecutive working days after their name is drawn and leave a voice message (if possible to do so), in order to verify their entry However, if the Winner cannot be reached and does not return the call within 24 hours of the last voice message being left on the third working day of attempting to contact a Winner, the prize will be forfeited and another Winner will be selected in accordance with the provisions of these Terms.
4. A successfully contacted potential prize Winner, will then be required to provide a copy of their ID and Completed Winner’s release form.
  Potential Winner(s) will be required to provide information stipulate in Clause 8 (c) within 48 hours from receiving the Telephone Call by the Notifier, failing or refusing to do so for any reason, the potential Winner will be deemed to have rejected the Prize and shall have no claim against the Promoter, and it shall revert to the Promoters.
5. A potential prize Winner is not an actual Winner, until his/her status as an Eligible Participant is confirmed, their entry submission is validated, and his/her qualifying documents (I.D and winner release form) are completed and submitted to the Promoter or someone nominated by the Promoter.
6. Participants’ and Winners’ personal information will be handled in accordance with Clause 15)
Validation of a Winner:
1. The Notifier will be responsible for all Winner validation and fulfilment of prizes.
Winner Prize Redemption:
1. The Promoter shall not be responsible for any delay in delivery or failure of safe delivery of prizes.
  The Promoter reserves the right to request proof identity and proof of residency address (to the Promoter’s satisfaction in its discretion) before issuing the prize.
  Each Prize, or any unused portion thereof, is non-refundable, non-transferable or exchangeable and the Winner indemnifies the Promoter and its representatives against any harm in using a prize.
  Cash prizes and draw dates:
2. Week 1: 7 x R1000 – 29 Nov 2024
3. Week 2: 7x R1000 – 05 Dec 2024
4. Week 3: 7x R1000 – 12 Dec 2024
5. Week 4: 7x R1000 – 19 Dec 2024
6. Week 5: 7x R1000 – 30 Dec 2024
7. Week 6: 7x R1000 – 06 Jan 2025
8. Week 7: 7x R1000 – 10 Jan 2025
9. Total Prize value for full campaign: R49 000
Forfeiture of the prize:

1. 1. If a prize has not been claimed or collected after 72 (seventy-two) hours of it being allocated to a Winner, or no reasonable effort is made on the part of the Winner to claim the prize, then the prize will be forfeited and will be allocated to a new Eligible Participant that is selected in accordance with the provisions of these The Promoter and its promotional and advertising agents, merchandisers, organisers and any other person acting under the direction of the Promoter shall not be responsible for any decline of acceptance of prizes for any reason.
  2. The prizes shall not be awarded (and entries disqualified) if entry procedures or these Terms have not been adhered to or if the Promoter detects and/or suspects any irregularities or fraudulent practices.

12. Limitation of Liability:

1. If for any reason, this Competition cannot be run as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend this Competition subject to any written directions under applicable legislation. The Promoter also reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of this Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Therefore, the participant waives their right which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of against the Promoter, even if caused by the negligence of the Promoter.
  1. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this Competition.
  2. If required by the Minister of Trade and Industry and Competition, the National Consumer Commission or for whatever other reason, the Promoter will have the right to terminate this Competition with immediate effect and without notice of such termination. In such an event, all Entrants hereby waive any rights, which they may have against the Promoter and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against the Promoters.
  3. The Promoter reserves the right to delete any information uploaded by a Participant which the Promoter, in its absolute discretion, believes is illegal, obscene, offensive or defamatory, or infringes the intellectual property rights of a third party, or is otherwise inappropriate for a campaign designed for mass audience entertainment.
  4. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with this Competition and or prize/s except for any liability, which cannot be excluded by law. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this Competition, if the deficiency is occasioned by any cause outside the reasonable control of the Promoter, including without limitation, technical malfunctions or failures or warranties (including warranties and functionalities of the prizes).
  5. If any provision of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of any remaining

13. Promoter’s Decision Final:

1. The Promoter’s decisions on all issues regarding this Competition will be final, binding and no correspondence will be entered into. The Promoter also reserves the right to:
  correct any errors or omissions regarding this Competition, including on any published material; or
  suspend or terminate this Competition, on written notice at any time, and such cancellation or termination shall be deemed to have taken effect from the date of such notice.
2. The Promoter’s decision to disqualify an entry is final and no correspondence will be entered into.

14. Use of Personal Information:

1. The Promoter collects personal information about entrants (including identification, contact and address information) in order to contact them about this Competition and where appropriate, verify their identity to award and deliver prizes. Personal information will be handled in accordance with the Protection of Personal Information Act Number 4 of 2013 (“POPIA”).
2. Only those entrants who opt-in to receive future communications from the Promoter will also be contacted for future competitions and communication related to the Promoter.

15. Winners’ consent to marketing and other activities after receiving a prize

1. Winners consent to their first name, last name and town of residence being announced on the Promoter’s social media platforms, if required.
2. The Promoter may request a Winner to agree to participate in the following marketing/publicity activities, which the Winner has the right to refuse in writing to do:
  be present at the time that the winner is announced;
3. agree in writing (or otherwise), to endorse, promote and advertise the goods or services of the Promoter, at no cost or expense to the Winner .
4. take part in publicity / marketing campaigns for broadcasting or publishing purposes;
5. consent to the use of their image in marketing material.
6. Winners that take part in any publicity will not be entitled to any payment or other remuneration for doing so.

16. Further Participation by a Winner:

1. The Promoter may, after a Winner has been publicly announced, request that such Winner agrees in writing or otherwise to endorse, promote and advertise the goods or services of the Promoter, at no cost or expense to the Winner subject to right of refusal. The Winner may also be required to take part in publicity campaigns for broadcasting or publishing purposes and will be requested to consent to having their photograph taken for all press releases and/or social media. The Winner is entitled to refuse this request.
2. Prize Winners, on acceptance of prizes, may be requested to be identified in publicity, broadcastings or publications with Promoter’s internal or external communications including social media, subject to a right of refusal. The Winner is entitled to refuse this request. Upon winning, their names (first name, last initial and town of residence) may also be announced on the Promoter’s Facebook page. Winners that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. The Winner is entitled to refuse this request.
3. Participants warrant that they have full rights to the content that they upload and that the use of the said material shall not constitute a breach of any third party’s copyright or other intellectual property rights.
4. Participants agree that by uploading their “images” and comments, they grant permission to the Promoter to use the images, comments or any part thereof unless specifically refused / declined consent/permission, in any and all media for the Promoter’s business purposes, including promotional/marketing purposes with no consideration payable to the participants. Such permission is perpetual and irrevocable. Participants release and agree to hold harmless the Promoter and all other persons acting with their authority from any liability for such use and from any other claims arising from such use.
5. Social media sites include but are not limited to, Facebook, Twitter, Instagram, YouTube. Original content includes but is not limited to, any piece of written content, audio or visual video or sound clips, images, photographs.
6. If participants include any personal information of third parties in content that they upload or other information provided to the Promoter for purposes of this Competition, they must be legally permitted to provide such information and to grant the permission referred to in clause 14, in respect of such information. Each participant indemnifies the Promoter against any losses suffered or claims made against the Promoter as a result of the participant not being legally permitted to provide such information or grant the Promoter permission to use it.
7. Content created for this Competition may not be in any way derogatory or harmful to any party; public, entrants or promoters. Such content shall be removed and the creator banned from the site. Content which is seen to do the following shall be removed from the site and the creator will be banned: content that is perceived to be spam, the collection of personal information, content that serves a commercial purpose or content that is deemed malicious. The Promoter reserves the right to remove any such content from the site without prior warning. The Promoter reserves the right to judge these pieces of content and will use their own discretion in determining whether or not they are outside the guidelines set out in these terms and conditions.

Indemnification:

All Participants and Winners indemnify the Promoter, its directors, employees, contractors, advertising agencies, advisors, suppliers and agents against any risks, loss, claims or ownership arising from:
1. the use or disposal of the prize including, but not limited to, accident, injury, harm, or loss;
  their participation in this Competition, including any costs associated with such participation;
  against any direct, indirect, special, incidental, consequential damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participants entrance to this Competition;
  any subsequent transfer or exchange of the prize; and/or iv. any lawful cancellation or termination of this Competition or the correction of any errors or omissions within the Duration of this Competition.
2. This means that even if the Promoter is negligent, you will have no claim against them for any harm listed above.
3. Neither Promoter nor its agents or distributors will have any liability in relation to this Competition.
4. The Promoter reserves the right to carry out reasonable due diligence to help ensure that the use of any such person in advertising or publicity for this Competition will not bring the Promoter or any of the Promoter’s brands into public disrepute, contempt, scandal or ridicule or reflect unfavourably on this Competition as determined by Promoter in its sole discretion.

Data Privacy:

For the purposes of this clause, the following definitions shall apply:
1. "Applicable Law" means any applicable South African law, including inter alia, the common law, statute, subordinate legislation, treaty, guideline, directive, rule, by-law, regulation, ordinance, protocol, code, standard, requirement, order, judgment, injunction, award or decree of any applicable governmental authority having the force of law;
2. “Data Breach” means any loss, damage or unauthorised access or acquisition of Personal Information;
3. “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with Data Protection Legislation in the relevant jurisdiction, and includes South Africa’s Information Regulator who is established in terms of section 39 of POPIA;
4. "Data Protection Legislation" means any Applicable Law related to data protection or data privacy laws, including but not limited to POPIA, the Electronic Communications and Transactions Act 25 of 2002 and the Consumer Protection Act 68 of 2008;
5. “Data Subject” means the person to whom Personal Information relates;
6. "Personal Information" means all information relating to individuals that is Processed in terms of this Agreement and where applicable, information relating to an identifiable, existing juristic person, and also has the meaning given to an equivalent term under Data Protection Legislation;
7. "Process" means any operation or activity or set of operations, whether or not automatic concerning Personal Information including to collect, receive, record, organise, collate, store, develop, retrieve, consult, use, disseminate or perform any other act or action, including any other act or action which may be treated or defined as "process" or "processing" in terms of any applicable law (including Data Protection Legislation). The word "Processed" shall have a corresponding meaning;
8. “Representatives” means, in respect of a person, the directors, officers and employees employed by, and contractors, consultants and agents engaged by, the person;
9. “Responsible Party” means a public or private body or any other person that, alone or in conjunction with others, determines the purpose of and means for Processing Personal Information, and also has the meaning given to an equivalent term under Data Protection Legislation;
10. The Promoter will comply with its obligations under Data Protection Legislation in relation to Personal Information in respect of which it is the Responsible Party.
11. The Parties acknowledge that the Promoter may from time to time receive, transfer or otherwise Process Personal Information under the Agreement. The Promoter will process all Personal Information processed in connection with its performance in terms of the Agreement in accordance with all Applicable Law including Data Protection Legislation, this clause and all reasonable requests from time to time with respect to protecting Personal Information, including restricting employee and agent/sub-contractor access to Personal Information.
12. To the extent that the Promoter Process Personal Information as an “Operator” (as defined in the Data Protection Legislation) on behalf of an entrant / Eligible Participant or in performing its obligations under the Agreement, the Promoter shall:
  1. only Process Personal Information for the purposes of performing its obligations under the Agreement or as otherwise authorised in writing; treat all Personal Information which comes to its knowledge as confidential and not disclose such information without prior written consent, except as required by law;
  2. not sub-contract the Processing of Personal Information to a third party, or transfer the Personal Information outside of South Africa, without prior written authorisation;
  3. secure the integrity and confidentiality of Personal Information in its possession or under its control by taking appropriate and reasonable technical and organisational measures to protect Personal Information against loss, damage, unauthorised destruction and unlawful access or Processing;
  4. immediately notify the other Party where there are reasonable grounds to believe that Personal Information has been lost, damaged, accessed or acquired by any unauthorised person;
  5. assist each other to comply with any of its obligations under Data Protection Legislation in relation to Personal Information Processed, notification of Data Breaches, requests by Data Subjects for access to, or correction or deletion of, their Personal Information and any investigation or assessment conducted or direction given by a Data Protection Authority;
  6. except as required by law or agreement between the parties, return or destroy all Personal Information when it is no longer required for purposes of this Agreement, on termination of the Agreement for any reason, if required by law or on request be either Party at any time.
  7. Unless otherwise agreed between the Parties in writing, the obligations of this clause shall survive expiration or termination of the Agreement for any reason.
  8. For further details regarding this Processing, please see the Promoter’s privacy statement: https://www.astronenergy.co.za/privacy-policy/

Applicable Law and Jurisdiction:

Independent registered auditors and/or attorneys will oversee this Competition.
The laws of South Africa apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of South Africa.

Contact the Promoter:

For any queries, do contact the Promoter’s Customer Service Centre via email zaservice@astronenergy.co.za or phone 086 030 0860 during operating hours: Monday to Friday, 07h00 to 17h00, excluding Public Holidays. Physical address 5 Century Boulevard, Century City, 7441.

*Disclaimer: Information was correct at time of publishing but may be subject to change