1. Personal Data
Please note our Legal Policy regarding data privacy questions.
2. Content
Materials such as pictures, photos, graphics, logos, videos, films, audio files and text (the “material”) are used on the website www.nivea.co.za (the “website”). The material is the property of Beiersdorf Consumer Products (Pty) Ltd, 4th floor, Beacon Rock, 21 Lighthouse Road, Umhlanga Rocks KwaZulu-Natal, Republic of South Africa 4319 (“Beiersdorf”), and is protected by the provisions of copyright law, trademark law and design law, and based on personal rights existing under international law. Any use of the material beyond purely private purposes shall require Beiersdorf’s prior written consent. The same shall apply to any alteration of the material, in particular translation or any other form of processing, and to any passing on of the material.
If material is explicitly provided for download on the website (for example in the Media Centre), the special terms and conditions of use detailed there shall apply.
3. Disclaimer
Should the user download material or use it in any other form, this is done at the user’s own risk. Beiersdorf shall not be liable for any losses to the user arising in this regard, in particular where this concerns data, hardware or software. Liability for intent and gross negligence shall not be affected by this. Beiersdorf shall not accept any liability for any infringement upon the rights of third parties.
The information on this website has been compiled and checked with all due care. Beiersdorf does not, however, accept any liability for it being accurate, up to date and complete. This website serves the purpose of providing general information and does not in any way replace medical or specialist advice.
4. Ratings
Registered users have the opportunity to rate the contents of the website with regard to products, workflows or other aspects. Should a user give a rating, he or she grants Beiersdorf the right to use the rating anywhere and for an unlimited period of time. Beiersdorf may publish and distribute the rating to an unlimited extent, i.e. in all forms of use and media, both online and offline. In addition, Beiersdorf shall be entitled to shorten the rating. Should the user give his or her name when giving the rating, Beiersdorf shall be entitled, but not obliged, to specify the user’s name when publishing the rating.
Upon submitting a rating and/or a commentary, the user also guarantees that he or she will not knowingly give an inaccurate rating, nor give a rating (a) that violates the Copyright Act or any other rights of third parties; (b) that violates statutory provisions or official decrees; (c) that is defamatory, libellous, insulting or discriminatory for an individual or a company; (d) for which he or she has received a payment or other consideration for, from a third party; (e) that contains information with regard to other websites, addresses, e-mail addresses, contact information or telephone numbers; or (e) that contains computer viruses, worms or other potentially damaging computer programs or files. Beiersdorf reserves the right to delete any ratings with illegal content, in particular discriminatory ratings, ratings promoting violence, pornographic or racist ratings, or ratings containing chain letters, bulk mailings or other forms of spam, or not to publish such content on the website.
5. Legal Consequences
Beiersdorf reserves the right to block the user's access to the login area if the user violates these terms and conditions of use and/or any statutory provisions. In such a case, the use of this area is no longer permitted and any further use is therefore illegitimate. Beiersdorf reserves the right to prosecute unauthorised use and any infringement of rights, in particular infringement of personal rights, trademarks, designs, copyrights and other intellectual property rights, under either civil or penal law.
Invalidity or nullity of individual provisions contained in these this terms and conditions of use shall not affect the validity of the remaining terms and conditions of use.
Due to technical innovations and legal amendments, these terms and conditions of use are revised from time to time, most recently in April 2015. If you wish to notify us of any infringements of rights on our website, please do not hesitate to contact us at Beiersdorf Consumer Products (Pty) Ltd, 4th floor, Beacon Rock, 21 Lighthouse Road, Umhlanga Rocks KwaZulu-Natal, Republic of South Africa 4319, Tel. +27 31 2678500.
6. Promotional Competitions
1. These are the terms and conditions for any promotional competition run by Beiersdorf Consumer Products (Pty) Ltd and have been prepared in accordance with the provisions of Section 36 of the Consumer Protection Act #68 of 2008 and Regulation 11. While these Terms & Conditions have been designed to cover a variety of promotional competitions and an extensive variety of competitions are run depending on marketing requirements. Should these conditions not specifically cover an aspect of a particular promotional competition, while the principles contained in these generic conditions will continue to apply, Beiersdorf Consumer Products (Pty) Ltd reserves the right to amend/supplement/amplify additional conditions to cover the circumstances of that particular promotional competition on an ad hoc basis.
2. Your entry into the competition and/or your acceptance of a prize (in the event that you win a prize) constitutes your acceptance of the terms and conditions on behalf of yourself and any person with whom you may share this prize (if applicable) (referred from here on as “your partner”). Where a particular promotional competition does not contemplate a partner sharing the prize, reference to “partner” herein will be inapplicable. Any additional terms and conditions applicable to a particular competition will be set out in the insert relating to the particular promotional competition which will apply with these terms and conditions applying mutatis mutandis.
3. The competition is not open to
3.1 directors, members, partners, agents, employees or consultants of the Beiersdorf Consumer Products (Pty) Ltd or any supplier of goods or services in connection with a competition; and
3.2 the spouse, life partner, business partner or associate, parent, child, or sibling, of any of the persons specified in 3.1 above.
4. Entrants under the age of 18 must obtain permission from their parents or guardians to enter conveyed at the time of acceptance of the prize should a prize be awarded.
5. It is your responsibility to ensure that your entry is received by us on or before the closing date indicated for the particular competition. Any entries which are not received timeously will not be eligible to participate, regardless of the reason for the late entry. We and our affiliates are not responsible for any entries which are not received by us, regardless of the cause for non-receipt. We and our affiliates are not responsible for any problems or technical malfunction of any telephone network, computer system, server, or provider which may have hindered entry into this competition.
6. If entry is made via sms, these text messages will be charged to you, the participant, at R1.50 per sms. "Free" sms’s under any cellphone contract do not apply.
7. If entry is conveyed by the number of “likes” of other Facebook participants, or by entry via a website platform, the calculation and time of calculation of such numbers established after the closing date shall be determined by the administrators of the competition (overseen by an independent attorney as provided for in the Regulations to the Consumer Protection Act) and no correspondence will be entered into. Where the determination of a winner is dependent on the decision of a panel of judges in for instance judging images, such decision will be final and binding and no correspondence will be entered into.
8. We and our affiliates are not responsible for any injury or damage to your or any other person’s equipment (computer, mobile telephone or other device) used by you to enter into the competition or obtain any materials related to the competition.
9. It is your responsibility to ensure that any information provided to us is accurate, complete and up to date.
10. We do not make any representations and give no warranty that –
10.1 your entry or participation in the competition will necessarily result in you winning the prize;
10.2 the prize, or any aspect thereof, will meet your, or your partner’s, requirements, preferences, or expectations
11. We and our affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of the prize if a prize is awarded.
12. The Prize is not transferable and may not be deferred, changed or exchanged for cash or any other item.
13. You may not win the prize if it is unlawful in any way for us to supply this prize to you. If you do win such prize, and it is unlawful for us to award it to you (for whatever reason), the prize will be forfeited.
14. The winner will be notified by means of the contact details provided to us. If and when the prize involves travel and critical dates have to be adhered to and/or where visas may be required by the winner and his partner (the latter, if applicable), or where travel is not involved as part of the prize, if we are, or a third party supplier is, unable to contact the winner within 10 days to obtain documents/details for this purpose, the winner will forfeit the prize and Beiersdorf Consumer Products (Pty) Ltd reserves the right to re-draw a new winner under the same conditions.
15. In the event that you win the prize you will be given the opportunity to agree to the publication of your name and to appear in person in the electronic media and the print media if required. You are not obliged to support this marketing activity and may decline including endorsing, promoting or advertising our brand, for which no fee will be payable.
16. You agree to supply us, or our third party suppliers, with additional information that we may reasonably require in order to process and facilitate your acceptance and/or use of the prize.
17. We reserve the right should the need arise, to vary elements of the competition and prize if deemed absolutely necessary (as contemplated in 23 below). In the event of such variation which will be communicated in an appropriate manner.
18. Should the winner not attend the concert/event (if and when applicable) due to any fault of their own, including, but not limited to, missing a flight or transfer, regardless of the circumstances, Beiersdorf Consumer Products (Pty) Ltd will not be liable for any form of compensation.
19. 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.
20. We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (where applicable), of the prize.
21. In the event of your death or your partner’s death (if and where applicable), any beneficiaries of your Estate, indemnify and hold Beiersdorf Consumer Products (Pty) Ltd and our affiliates, harmless against any claim by you or your Estate, or your partner (if and where applicable) of any nature whatsoever, relating to any injury, loss, liability, expense and/or damage which may be suffered, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use/enjoyment by you/your partner (if and where applicable) of the prize.
22. You acknowledge that the acceptance and use of the prize is subject to the following -
22.1 all of the terms and conditions will apply to both you and your partner (if and where applicable);
22.2 you will take full responsibility for your partner;
22.3 you indemnify and hold us and our affiliates harmless against any claim by your partner (if and where applicable) or any third party in the event that your partner suffers any loss or damage as a result of your partner’s acceptance and/or use/enjoyment of the prize;
22.4 any minor under the age of 18 will be accompanied (where an activity such as travel is involved) by a parent or legal guardian, or such party acceptable to Beiersdorf Consumer Products (Pty) Ltd.
23. If you fail or, if your partner (if and where applicable) fails, to comply with any of the terms and conditions then, –
23.1 you and your partner will be automatically disqualified and you will forfeit the prize;
23.2 you will reimburse us for any loss or damage incurred by us directly or indirectly as a result of your (or your partner's) non-compliance, including legal costs associated with this non-compliance.
24. Beiersdorf Consumer Products (Pty) Ltd and the judge’s decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you and your partner (where applicable), and no correspondence will be entered into.
25. Subject to your consent in writing, Beiersdorf Consumer Products (Pty) Ltd has the right to enter your name into a corporate database which will entitle Beiersdorf Consumer Products (Pty) Ltd to communicate any of its information/promotions. Beiersdorf Consumer Products (Pty) Ltd, P O Box 492, Hyper By The Sea, 4153. Unless you specifically decline in writing.
26. Where local or overseas travel is involved with any prize:
26.1 Return Flights from Johannesburg to the destination for the winner and chosen partner (if and where applicable). The flights will be economy class tickets and will include the base fare and approximate taxes. Approximate taxes include the following: airline/airport taxes, fuel surcharge, ACSA regulatory charges. Should the winner and partner reside in Johannesburg, they will be responsible for own transport costs to and from OR Tambo International Airport.
26.2. Domestic flights from the nearest airport in a South African location to Johannesburg where the winner, and partner (if and where applicable), do not reside in Johannesburg will be provided. The flights will be economy class tickets and will include the base fare and approximate taxes. Approximate taxes include the following: airline/airport taxes, fuel surcharge, ACSA regulatory charges. The outward bound international flight departs from Johannesburg and the return flight from the destination only and the winner and partner will be responsible for their own transport costs to and from the specified airports. Domestic flights are not transferable for cash should they not be required.
26.3 The number of nights’ accommodation in a hotel selected and paid for by Beiersdorf Consumer Products (Pty) Ltd at the destination, will be indicated.
26.4 Transfers to and from the destination, as well as to and from the destination event. All other transportation and any other costs in and around the destination will be for the winner’s account
26.5 Beiersdorf Consumer Products (Pty) Ltd will specify at the time the amount of spending money allocated will be provided in the form of electronic transfer into the winner’s bank account.
26.6 Any costs or expenses which the winner may incur other those items specifically included in the prize are for the winner’s own account. Beiersdorf Consumer Products (Pty) Ltd will not be responsible for any costs or expenses which you, or your partner (if and where applicable) incur flowing from your entry into the competition and acceptance or use/enjoyment of the prize.
26.7 The winner, and partner (if and where applicable), will be responsible for their own travel insurance arrangements (e.g. loss of baggage/valuables and personal accident).
26.8. The prize is only valid for the date specified in the particular competition. The destination event tickets/reservation/s and Meet and Greet opportunity have been secured for a particular date only and no change may be made to the date specified.
26.9. We do not make any representations and give no warranty that –
26.9.1 your entry or participation in the competition will necessarily result in you winning the prize;
26.9.2 the prize, or any aspect thereof, will meet your, or your partner’s (if applicable), requirements, preferences, or expectations
27. You, and your partner (if applicable where travel is involved), are required to possess valid passports, with the required minimum validity for international travel to the destination country for the date/s concerned, in order to accept and/use the prize. Should the winner, and partner (if and where applicable), require travel visas for entry into the destination country the cost thereof will be covered by Beiersdorf Consumer Products (Pty) Ltd and arranged by the winner, and partner, in consultation with a third party travel agency appointed by Beiersdorf Consumer Products (Pty) Ltd.
28. The winner will be notified by means of the contact details provided. Having regard to the date of the destination event and destination country, visas may be required by the winner and his partner (if and where applicable), if such visas are required, or a third party service provider to obtain such visas is unable to contact the winner within 10 days, the winner will forfeit the prize and Beiersdorf Consumer Products (Pty) Ltd reserves the right to re-draw a new winner under the same conditions.
29. You agree to supply us, or our third party suppliers/service providers, with additional information that we may reasonably require in order to process and facilitate your acceptance and/or use of the prize.
30. Should it become impossible for Beiersdorf Consumer Products (Pty) Ltd to award the agreed destination event due to unforeseen circumstances, including, but not limited to cancellation of the destination event by the promoters, flight delays etc., Beiersdorf Consumer Products (Pty) Ltd reserves the right to substitute the advertised prize (or any element(s) of the advertised prize) for an equivalent value prize.
31. Should the winner not attend the destination event due to any fault of their own, including, but not limited to, missing a flight or transfer, regardless of the circumstances, Beiersdorf Consumer Products (Pty) Ltd will not be liable for any form of compensation.
