Terms and conditions

Thank you for taking part in a Flashpanel Lifestyle Survey and entering into the associated competition. The following terms and conditions apply to all competition entrants. Winners will be contacted as per point 17 below and the names of the winners will be published on this web page.

  1. These are the standard terms and conditions for surveys and survey/competitions conducted or promoted by or in association with LifestyleSurveys.co.za operated by the WhyFive Insights Pty Ltd Group (“WhyFive”) in association with FlashPanel.
  2. Your entry into the survey/competition and/or your acceptance of a prize (in the event that you win a prize) constitutes your binding acceptance of the terms and conditions. As an associated member of SAMRA (The South African Market Research Association), WhyFive is bound by the organisation’s Privacy Policy and is forbidden from revealing the personal identity, details or responses of respondents who participate in our surveys.
  3. The survey/competition is not open to directors, members, partners, agents, employees or consultants of the WhyFive companies or any supplier of goods or services in connection with a survey/competition; and
  4. the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 3 above.
  5. Participants will be South African Citizens or should have acquired permanent residence within South Africa.
  6. The competition is only open to South African residents ages 18 years and older.
  7. You may not participate in a survey if you have won a prize by completing a survey promoted by LifestyleSurveys or WhyFive within the past six months. You will be eligible to participate in a survey/competition promoted by us six months after the date on which you won the last survey/competition.
  8. It is your responsibility to ensure that your entry is received by us prior to the closure of the survey/competition. Any entries not received by us prior to the closure of the survey/competition will not be eligible to participate, regardless of the reason for the late entry. We and our affiliates are not responsible for any entries not received by us, whether timeously or at all, regardless of the cause thereof. Without limitation, we and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
  9. We and our affiliates are not responsible for any injury or damage to your or any other person’s computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the survey/competition.
  10. It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date.
  11. Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. WhyFive will not be responsible for any costs or expenses which you incur during and for the purposes of your entry into the survey/competition and your acceptance and/or use of a prize.
  12. We do not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that: your entry or participation in the survey/competition will necessarily result in you winning a prize; a prize, or any aspect thereof, will meet your requirements, preferences, standards or expectations; or a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
  13. We and our affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.
  14. Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item.
  15. You may not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it.
  16. You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid with at least 6 months validity and for such minimum period after the prize date as may be required by the relevant authorities.
  17. The winners will be notified by means of the contact details provided to us. If we are, or a third-party supplier is, unable to contact a winner within 30 days or if the winner is unable to collect the prize within 60 days, the winner will forfeit the prize and WhyFive reserves the right to re-draw a new winner under the same conditions.
  18. In the event that you win a prize you agree to the publication of your name and to appear in person in the electronic media and the print media, and you agree, within reason, to endorse, promote or advertise our goods or services, for which no fee will be payable.
  19. We may require you to provide us with such additional information as we may reasonably require in order to process and facilitate your acceptance of a prize.
  20. We and our third-party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the survey/competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this survey/competition and acknowledge that you will have no recourse against us, our affiliates and third-party suppliers.
  21. You agree that your participation in the survey/competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
  22. We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the survey/competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
  23. You, and in the event of your death, your family, dependents, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this survey/competition and/or acceptance and/or use by you of a prize.
  24. You acknowledge that the acceptance and use of a prize is subject to the proviso that: all of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith; you will take full responsibility for your partner; you indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner suffers any loss or damage pursuant to your partner’s acceptance and/or use of a prize;
  25. If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, you will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize); you indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
  26. For purposes hereof, “affiliate” means our partners, co promoters and sponsors of this survey/competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.
  27. These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa
  28. WhyFive’s and/or any other judges’ decision on any matter concerning the survey/competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.
  29. With regard to the Grand Prize to Mauritius.
    1. The Prize includes accommodation, breakfast, and dinner each night and return flights to and from Mauritius. The flights depart from and return to O R Tambo International Airport and are sponsored by Legacy Lifestyle.
    2. Lunch, beverages, travel insurance, visas (if required), transport to and from the departure point and all purchases of a personal nature are excluded from the prize and are for the responsibility of the winner.
    3. The prize cannot be redeemed during school holidays and/ or peak periods of travel (including Easter and Christmas holidays and public holiday long weekends.
    4. Bookings can only be made 30 days prior to departure, and are subject to availability.
    5. The Lux Collective reserves the right to move your accommodation to another resort, subject to availability, where necessary.
    6. The prize is non-refundable, non-transferable and cannot be used in conjunction with any other The Lux Collective or third-party discounts or special offers.
    7. The prize is not redeemable for cash.
    8. By entering the competition, you give Legacy Lifestyle and other participating sponsors the right to present promotional opt-out offers to you.
    9. Any images used to promote the competition are for promotional purposes and may not represent the final accommodation provided to you should you win the competition, and by entering the competition, you specifically acknowledge and accept our right to vary the accommodation.
  30. You agree that your participation in the competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
  31. Any minor must and will be accompanied by a parent or legal guardian.
  32. If you fail or, if the winners fail, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, -
    1. you will pay Legacy Lifestyle for any loss or damage incurred by Legacy Lifestyle directly or indirectly as a result of your (or, if applicable, the winners) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or the winner's) non-compliance; and
    2. You indemnify and hold Legacy Lifestyle harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
  33. Any term or condition contained in these terms 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.
  34. These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa
  35. Survey Competition Details and Mechanics:
    1. Competition: SA Lifestyle Survey 2019.
      To enter this competition, during the period 24 October – 30 November 2019, you must visit the following URLs ( https://lnq.in/BrndMpLegacy2019, http://www.lifestylesurveys.co.za/sa-lifestyle-survey-2019/), sign in and successfully participate in the SA Lifestyle Survey. Following a successful survey response, you may choose to enter the competition, to stand a chance to win a 7-night stay for two in Mauritius sponsored by The Lux Collective (“the Grand Prize”). The Prize includes accommodation, breakfast, and dinner each night, return flights to and from Mauritius to South Africa (O R Tambo International Airport) flights to destination sponsored by Legacy Lifestyle. Secondary prizes: A 4 nights stay for two to Kwa Maritane Bush Lodge. including bed, breakfast and dinner – as well as a complimentary game drive per day. Two respondents stand a chance to win a two-night stay at The Commodore Hotel including bed, breakfast and dinner. Two respondents stand a chance to win a two-night stay for two at The DAVINCI Hotel including bed, breakfast and dinner. All respondents who have completed the survey qualify for a free digital issue of the Eat Out 2019 Guide. All extras, not specified herein are for the winner’s own account. The name of the winner will be drawn randomly and announced on SA Lifestyle Survey website and other channels during December 2019.

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