Lancewood Cake-Off New York City competition

IMPORTANT NOTICE: In terms of Section 49 of the Consumer Protection Act 86 of 2009, the Entrant's attention is specifically drawn to all the underlined clauses as well as all the clauses printed in bold which, amongst others:

(a) contain a limitation of risk or liability of the Promoter and/or the Promoter's Group;
(b) constitute an assumption of risk or liability by an Entrant and/or Voter;
(c) constitute an indemnification of the Promoter and/or the Promoter's Group, or 
(d) is an acknowledgement of fact by an Entrant and/or Voter.


  1. The Promoter

This Lancewood Cake-Off competition (“the Competition”) is organised and conducted by LANCEWOOD HOLDINGS, a division of Libstar Operations (Pty) Ltd, with registration number 2014/062496/07 (“the Promoter”).


  1. The Competition Period

From 23 April 2018 to 7 July 2018 (inclusive), midnight.


  1. How to enter and disqualification of entries

3.1 Between 23 April 2018 and 3 June 2018 (inclusive), members of the public (each an “Entrant”) may enter the Competition by making a cake using a product produced by the Promoter and uploading a picture of the cake alongside the product used to make it, and the recipe (together, the “Entry”) onto www.lancewoodcakeoff.co.za (the “Promoter’s Website”). 

3.2 A ‘cake’, for the purpose of this Competition:

  1. a) Must be a sweet or savoury food made from a mixture of ingredients, one of which must be a binding agent such as flour or gelatine;
    b) Must be baked or refrigerated to set and iced or decorated; 
    c) Must not include shop-bought or pre-made elements such as ready-made sponge or Swiss roll; and
    d) Does not include cupcakes, muffins, doughnuts, macaroons, koeksisters, biscuits, chocolates, truffles, waffles or pancakes.

3.3 An Entrant may submit more than one Entry. Each Entry’s recipe must be unique. 

3.4 Any Entries uploaded after midnight 3 June 2018 will not be accepted. 

3.5 The top three Entrants with the most votes, as voted for by the public, will be selected on 11 June 2018. Each of these Entrants will receive a KitchenAid Artisan Mixer, to the value of R9 999, for their participation in the Competition. 

3.6 Each one of the Top Three Entrants will be required to appear live on the Expresso Show between 11 June 2018 and 1 July 2018 to show case their cakes.

3.7 On 5 July 2018, the top three Entrants will be required to make their cake, as voted for by the public, live on the Expresso show. The winner of the Competition (the “Winner”) will be selected live on the Expresso show on 5 July 2018 by judges to be appointed by the Promoter and/or the Expresso show. The judges’ selection shall be final and binding.


  1. Who is eligible to enter and vote in the Competition

4.1 The competition is open to all residents of the Republic of South Africa who are

  1. a) 18 years and older; and
    b) in possession of a valid South African identity document 
    except for the following residents who are not eligible to participate in the Competition: 
    c) directors, members, partners, employees or agents of, or consultants to, the Promoter;
    d) the spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in 4.1 (c) above;
    e) marketing service providers in respect of this Competition; 
    f) anyone who directly or indirectly controls, or is controlled by, the Promoter; or 
    g) anyone who is a supplier of goods or services in connection with the Competition.
    For the avoidance of doubt this Competition is only open for entry by natural persons.

4.2 By entering or voting in the Competition, an Entrant or voter (as the case may be) confirms that he or she is eligible to enter the Competition in accordance with these terms and conditions (these “Terms & Conditions”) and that he or she agrees to be bound by these Terms & Conditions.


  1. How to vote

5.1 From 4 June 2018 to 10 June 2018 (inclusive), members of the public (each a “Voter”) will be able to vote for their favourite Entry by visiting the Promoter’s Website. A Voter may vote for a particular Entry only once and is entitled to vote for multiple Entries. Any illegitimate votes will be excluded. Upon voting, a Voter will stand a chance to win one of two KitchenAid Artisan Mixers to the value of R9 999 each. The Promoter shall use reasonable efforts to contact the Voter who is randomly selected to win the KitchenAid Artisan Mixer within 48 hours of such random selection, failing which the Promoter may randomly select another Voter to win the KitchenAid mixer. 

5.2 The prize of the KitchenAid Artisan Mixer will not be transferred, deferred, changed or exchanged for cash or any other item by any Voter.


  1. The Prize

6.1 The Winner shall win an all-expenses paid trip to New York City (the “Prize”), which shall consist of:

  1. a) Return flights to New York City; 
    b) Visa costs, passport costs, accommodation, meals, travel insurance and travel agent fees (as per the travel agent selected by the Promoter); and 
    c) Spending money, 
    Provided that:
    a) the total value of the Prize will never exceed R150 000.00 (the “Prize Funds”),
    b) the allocation of Prize Funds to the expenses and costs listed in clauses 6.1 (a) to 6.1 (c) above will at all times be within the sole and absolute discretion of the Promoter, 
    c) the Prize will be redeemed and the trip will take place before 1 April 2019, and
    d) these Terms & Conditions are adhered to by the Winner and any other person nominated by him/her to use the Prize with him/her or in his/her place (the “Winner's Nominees”).


6.2 The Promoter will confirm the allocation of the Prize Funds as soon as possible after the selection of the Winner and the finalisation of the travel arrangements. 

6.3 The Prize shall be conditional on the Winner being granted the necessary visa and/or authorisations to travel to the United States and being able to use the Prize by 1 April 2019

6.4 Any costs or expenses incurred by the Winner (and/or the Winner’s Nominee(s)) which are not specifically included in the Prize or which exceed the Prize Funds will be for the Winner’s own account. Further, the Promoter will not be responsible for any costs or expenses which the Winner (and/or the Winner’s Nominees(s)) may incur directly or indirectly as a result of the Winner's acceptance and/or use of the Prize, whether foreseen or not. 

6.5 Any taxes, duties, levies or other charges which may be levied on the Prize, or any part thereof, by any government or any other competent government or regulatory body will be for the Winner’s own account. It is specifically recorded that the Promoter will not be obliged to increase the value of the Prize to compensate for such taxes and duties and that it shall not be the Promoter's responsibility to establish whether any taxes or duties will be payable.

6.6 The Prize (including any part thereof) is transferrable to any person nominated by the Winner ('the Transferee') provided that the Transferee is a South African resident, is able to provide the Promoter with a certified copy of his/her personal identity document, signs a document confirming that he/she will adhere to these Terms & Conditions (as if he/she was the Winner) and that the Promoter has received written confirmation (inclusive of such supporting documents as required by the Promoter in its sole discretion) of compliance with this clause.

6.7 The Prize may not be deferred, changed or exchanged for cash or any other item by either the Winner, the Transferee or the Winner's Nominee(s). 

6.8 The Prize, or parts thereof, may differ from details of the Prize (including any graphic depictions thereof), if any, shown during the promotion of the Competition as such details are only meant to be a representation of the Prize, the details of which are set out in these Terms & Conditions. 

6.9 Ownership of the Prize will only pass to the Winner once his/her personal information (including without limitation a certified copy of the Winner's identity document), his/her compliance with these Terms & Conditions, and the details of the Prize (including the allocation of the Prize Funds to the different components of the Prize as set out in clauses 6.1 (a) to 6.1 (c)) have been verified and confirmed by the Promoter.


  1. Further disqualification or cancellation criteria

7.1 The Promoter reserves the right to:

  1. a) disqualify any Entrant without notice from participating in the Competition if such Entrant does not meet the qualification criteria set out in these Terms & Conditions or if such Entrant has provided false information or has otherwise acted unethically;
    b) disqualify the Winner and claim back the value of the Prize (or any part thereof) without notice, if such Winner does not meet the qualification criteria set out in these Terms & Conditions or if such Winner has provided false information or has otherwise acted unethically;
    c) amend these Terms & Conditions at any time and without advance notice; 
    d) modify, terminate or suspend the Competition without advance notice in the event of technical, legal or other difficulties reasonably beyond the Promoter’s control, in which case the Entrants and/or Voters hereby agree to waive any rights they may have against the Promoter in connection with the Competition;
    e) to request such information as necessary to enable the Promoter to verify the identity and eligibility of any Entrant and to disqualify any Entrant who cannot provide such information; and
    f) communicate with Entrants and/or Voters at any time during and after the Competition provided that the Entrants and Voters may at any time opt out of receiving such communication from the Promoter.

7.2 The Promoter's decision with regard to the exercise of any of its rights in this clause 7 is final. The disqualification of an Entrant or a Voter for any reason as set out in these Terms and Conditions shall lead to the disqualification of all the Entries or votes made by such an Entrant or Voter and the disqualification of a Winner shall lead to the forfeiture of the prize back to the Promoter for a redraw.


  1. Exclusion of liability

8.1. For the purposes of this clause, the “Promoter's Group" shall mean the Promoter and all of its associated companies and their respective advertising, media and PR agencies, agents, contractors and other trading partners, as well as all of the aforementioned entities' employees, directors, shareholders, members, subcontractors, agents and other representatives.

8.2. Neither the Promoter nor any entity or natural person within the Promoter’s Group shall be liable in any way whatsoever for any direct, special, indirect, or consequential damages or costs, howsoever arising, suffered by any Entrant, Voter, Winner or Winner’s Nominee(s) as a direct or indirect result of or in connection with participating in the Competition or utilising the Prize. 

8.3. Each Entrant, Voter, Winner and Winner’s Nominee(s) hereby indemnifies and holds the Promoter and the Promoter's Group harmless against any and all claims, loss, liability, damage, costs, or expense of whatsoever nature or kind (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation, fines and reasonable attorney's fees) brought by any third party, or suffered or occurred by the Promoter and/or the Promoter's Group, arising directly or indirectly from such Entrant, Voter or Winner’s participation in the Competition. 

8.4. The Promoter's Group accepts no liability for:
8.4.1. the destruction, unauthorised use or alteration of any Entry;
8.4.2. failure to receive any Entry due to technical problems; and
8.4.3. any damage to any electronic device on which a person downloads any materials related to the Competition. 

8.5. Clauses 8.2, 8.3 and 8.4 shall not apply to claims, damages or loss directly or indirectly attributable to the wilful misconduct, gross negligence or fraud by the Promoter or any entity or natural person within the Promoter's Group.


  1. Publicity

9.1 Except where prohibited by law, the top three Entrants and the Winner consent to the use of their names, surnames and images by the Promoter (and the Promoter’s Group) in any public forum (including any social media forum) for purposes of promoting or publicising the Competition. 

9.2 Any products resulting from the participation of the top three Entrants and/or the Winner in any marketing activity, including without limitation any television appearance, recording, broadcasting or other form of publication (the “Marketing Materials”) shall remain the property of the Promoter and the top three Entrants and the Winner agree to assign all rights of whatsoever nature (including any copyright) in the Marketing Materials to the Promoter in perpetuity. 

9.3 For the avoidance of doubt, no Entrant (including the top three Entrants and the Winner) shall be entitled to any payment or other remuneration for their participation in the Competition or any marketing activity in connection with the Competition.


  1. Personal information

All personal information provided to the Promoter in terms of this Competition (including the Entrant's name and contact information) ('personal information') will be used solely by the Promoter and/or the Promoter's Group (as set out in these Terms & Conditions) both in South Africa and internationally. By participating in this Competition, the Entrants and Voters consent to the transfer, storage and processing of their personal information by the Promoter and/or the Promoter's Group for the above purposes. Such consent may be withdrawn in writing at any time. Personal information shall not be shared with other third parties for purposes other than those described above.


  1. Additional Terms

11.1 All information relating to the Competition, including such information as published on promotional material, shall be subject to these Terms & Conditions, the provisions of which shall prevail in the event of any conflict with the provisions of any other Competition information. 

11.2 If any provision in these Terms & Conditions is found to be illegal or unenforceable in terms of the applicable South African law, then such provision shall be disregarded (to the extent that it is so unenforceable) without affecting the validity, legality and enforceability of the remaining provisions.

11.3 The laws of the Republic of South Africa shall govern these Terms & Conditions and the Entrants and Voters agree to be subject to the exclusive jurisdiction of the South African courts.

11.4 All enquiries in connection with this Competition should be directed to the Promoter at feedback@lancewood.co.za.