False Competition

Item: Nu Metro
Rating: 1

Nu Metro has been running a competition to win a Ford car. This is how the emails went down: My email: Good Day My name is Justine Pretorius and I just have a query about the car competition running from Clearwater Mall Nu Metro. The advertising said that the competition runs from Friday 24 July 2016 to 31 September 2016. However, in the terms and Conditions it states that the draw will take place on 2 September 2016 - how can you have the draw if the competition has not even closed yet? I'm very disappointed because I went out of my way to watch movies at Nu Metro Cinemas and when the draw still hadn't taken place, I called 3 times to find out when the draw will take place. The staff were unsure of when this would happen, they took my details down and I still haven't heard back from them. This is very unprofessional. If you are going to have such a big competition, you have to have all the facts sorted out before hand. I have copied and pasted your terms and conditions here, just to help you out: (http://sceneclub.numetro.co.za/comms/winacar/microsite/0.2/winacartc.html) COMPETITION TERMS AND CONDITIONS By participating in the “Win a Car with Nu Metro and Action Ford” competition, the participants agree to comply with the rules and regulations set out below (the order in which they are recorded having no correlation with the importance thereof): The “Win a Car with Nu Metro and Action Ford” Competition (“Competition”) runs from Friday, 24th June, 2016 to 31st Friday, 30th September, 2016 (“Promotional Period”); Persons who meet the criteria in Clause 3, below (“Entrants”), and the further requirements listed hereafter, are entitled to participate in the competition, which participation may be accepted by Nu Metro as qualifying entries to the Competition (“Entry/Entries”). Entries are open to any person who is: Over the age of 18 years, and in possession of a South African ID and resides in South Africa, and Who is in possession of a valid South African driver’s licence, and Who is an active member of Nu Metro’s Scene Club loyalty program, and Who is entering in their personal capacity and not on behalf of a business or group. Entries must be received on or before the end of the promotional period, being Friday 30thSeptember, 2016. No entries will be accepted after this date;. All entrants must be a member of the Nu Metro Scene Club and must be in possession of a valid and active Scene Club Card (“Members”). All Scene Club Loyalty terms and conditions apply mutatis mutandis to the terms and conditions recorded herein. Entry is open to individual entrants only—group or company entries are not permitted. A valid and active Scene Club card must be swiped by the member at the time of purchase in order to enter the competition. No entries will be accepted without actually swiping a valid Scene Club card. Entries can only be received at time of purchase. Swiping of cards before or after the time of purchase is prohibited. Every 1000 Scene Club points earned during the promotional period will entitle the member to receive 1 entry into the prize draw. At the end of the promotional period, all points earned during the promotional period will be tal**** to determine the number of entries are earned / received by the member (for example, a member who earns 5000 Scene Club points during the promotional period will receive 5 entries into the draw; a member who earns 7999 Scene Club points during the promotional period will receive 7 entries into the draw). The member shall not receive entries for points accumulated before or after the promotional period. Only multiples of 1000 Scene Club points will qualify to be accepted as entries into the draw. One winning member (the “Winner”) will be chosen by means of a random, audited draw (auditing company to be advised prior to the draw taking place) at a predetermined location chosen by Nu Metro Cinemas and Action Ford. The winner will be notified telephonically by a senior representative of Nu Metro Cinemas, by no later than Friday, 2nd September, 2016. Once the winner has been notified and accepts the prize, a handover of the prize will be arranged. Each member is allowed unlimited entries into the competition during the promotional period. About the Prize: The winner of the Competition will win a Ford Fiesta 1 l Ecoboost Titanium sponsored by Action Ford, a network of vehicle dealerships located at 201 Voortrekker Road, Krugersdorp, and 93 William Nichol Drive, Constantia Kloof. The prize does not include petrol, insuranc, or any additional enhancements to the vehicle. Road costs and service plan with 3-year / 60 000km warranty, 120 000km with free roadside assistance. The vehicle will be licenced and registered into the name of the winner by Action Ford. Action Ford will cover any costs involved; The winner will have no choice regarding, make, model, range, colour or specification of the prize. The prize must be taken as chosen and as per the specifications allotted to it by Nu Metro and/or Action Ford. Nu Metro will require certified proof of identification and a certified copy of the winner’s driver’s license in order to accept the prize. The winner consents to Nu Metro retaining a copy of said documents. Should Nu Metro Cinemas be unable to contact the winner and verify the winners’ identity and driver’s license within 1 (ONE) week of the prize draw, Nu Metro reserves the right to hold another audited random draw and allocate the prize to another entrant (the “Re-draw”). This will apply to all subsequent winners of any redraws. Should the winner fail to collect his/her prize or alternatively fail to take the necessary steps to take possession of his/her prize within 1 (ONE) month from the date of the prize draw, the prize will be forfeited and the winner shall have no claim for damages or any other claim whatsoever, arising from such forfeit against Nu Metro Cinemas, Action Ford or their directors, members, partners, employees, agents, consultants, suppliers, contractors and sponsors. All costs associated with delivery or transit of the prize to the winner shall be for the winner’s account. Nu Metro and/or Action Ford assume no liability for the costs associated therewith. Upon acceptance of the prize by the winner, all risk in and to the vehicle transfers to the winner and Nu Metro Cinemas and/or Action Ford accepts no liability for any loss, damage or theft of the prize or any requirements or additional costs associated with the prize. Nu Metro and/or Action Ford accept no liability for any damages or loss in the event of that the prize is lost / ****** and / or damaged before the winner takes possession thereof or whilst the prize is in transit to the winner. The prize will only be handed over to the winner once registered and licenced in the name of the winner, and after the winner’s identity and driver’s licence has been verified by Nu Metro Cinemas and/or Action Ford. This Competition and the awarding of prizes are held in accordance with the Consumer Protection Act, 2008, and specifically the regulations governing promotional competitions. Nu Metro Cinemas&rsquop; and Action Ford’s directors, members, shareholders, partners, employees, agents or consultants and their spouses, life partners, parents, children, siblings, business partners or associates, subsidiaries and / or holding companies are not eligible to participate in or enter this competition. All information relating to this competition and published on any promotional or advertising material forms part of these terms and conditions of entry. Nu Metro reserves the right to reject any entrant/ winner from the competition at its sole discretion In the event of a dispute, the decision of Nu Metro Cinemas and/or Action Ford will be final and binding on all aspects of this competition and no correspondence will be entered into. Nu Metro Cinemas and/or Action Ford, it’s directors, members, partners, employees, agents, consultants, suppliers, contractors and sponsors, subsidiaries and/or holding companies is indemnified against and assume no liability whatsoever for any direct or indirect loss, harm or damage to person or property arising from an entrant’s participation in this competition or for any loss or damage, howsoever arising. If required by law or for whatever other reason at the discretion of Nu Metro, Nu Metro shall have the right to terminate this competition with immediate effect and without notice of such termination to any entrants or winners. In such event, all entrants hereby waives any rights, which they may have against Nu Metro Cinemas and/or Action Ford for any direct or indirect damages and hereby acknowledges that they will have no recourse or claim of any nature whatsoever against either company, subsidiary or holding company, their directors, members, partners, employees, sponsors, agents or consultants. By participating in this competition, the winner agrees to the publication of their name and/or photographs on any platforms that Nu Metro Cinemas and/or Action Ford deems necessary. This includes (but is not limited to) print advertising, digital advertising, social media, website, etc. The winner must supply Nu Metro Cinemas and/or Action Ford, or their third party suppliers, with additional information that may reasonably be required in order to process and facilitate acceptance, transfer, registration and/or use of the prize. Nu Metro Cinemas and/or Action Ford reserve the right, should the need arise, to vary elements of the competition and prize, if deemed necessary. In such an event the variation will be communicated to the winner. Nu Metro and/or Action Ford will not be liable for any costs or damages as a result of such variation. Should Nu Metro Cinemas and/or Action Ford be unable to, for any reason whatsoever, supply the specified prize, they reserve the right to substitute the advertised prize (or any element(s) of the advertised prize) for a prize of an equivalent value. Nu Metro and/or Action Ford will not be liable for any costs or damages as a result of such substitution. If Nu Metro Cinemas and/or Action Ford suspects foul play by any entrant/participant they are entitled to disqualify the participant/entrant with immediate effect. Nu Metro Cinemas and/or Action Ford’s decision regarding this is final and no correspondence will be entered into. Entrants to the competition are responsible for entering their correct personal details and should they win. Nu Metro Cinemas and/or Action Ford will not be held liable should the details submitted be incorrect. The Prize is not transferable and cannot be exchanged for cash. Should the winner, for any reason whatsoever, including any failure/negligence on the part of Nu Metro Cinemas and/or Action Ford, their directors, members, partners, employees, sponsors, agents or consultants, be unable to take up the prize before the expiry of the prize then no liability shall attach to Nu Metro Cinemas and/or Action Ford, their directors, members, partners, employees, sponsors, agents or consultants. Nu Metro Cinemas reserves the right to amend these terms and conditions at any time without further notice. Nu Metro Cinemas terms and conditions apply and can be accessed at numetro.co.za. Nu Metro Cinema Scene Club terms and conditions apply and can be accessed atsceneclub.numetro.co.za/tsandcs.html. Action Ford terms and conditions apply and can be accessed atactionfordgroup.co.za/terms-conditions I would very much like to know how you are going to handle this, I don't want to kick up a huge fuss, but it still matters that the car actually gets given away, otherwise it is just *********. I trust you will get back to me regarding this email with a solution to the problem. Kind Regards The Reply was as follows: Good day Justine Thank you for contacting the Nu metro National call centre, please be advised that the winner of the car competition has not been announced as yet. Our marketing department is still finalising the draw, the results should be completed by the end of this week. The lucky winner will then be announced on all of our social platforms. Kind regards PHATHISWA SOLDATI My Reply: This still doesn't help the fact that you've been doing false advertising. Thier reply: Good Morning Justine We do apologize for the error, I will bring it to the attention of our marketing department. Kindly be advised our team is still finalising the logistics, the winner should be announce in the next two weeks. I have your details, I will personally notify you when this happens. The winner will also be announced on all our social platforms. Kind regards, Rubaine Davis My reply: Thanks, but in the last email you sent, you said it would be by the end of this week. You need to get your facts straight. Thier reply: Yes, but the logistics and verifications are taking slightly longer than expected. Thank you for understanding Have a great day further! Kind regards, Rubaine Davis So bottom line is that this competition is a **** because my 2 weeks are up and I still haven't seen any results. They conned the people to gain more customers and now there are'nt any results from the promises they made. They are extremely unorganised because if you have a big competition like this, you have to plan in advance. I'm highly disapointed by the way they have treated me in the process of even comunicating with me, let alone their ethics of a "competition". I really hope this gets sorted out, because I checked for any updates and there was nothing yet. I love how they will tell you any lies to shut you up, but I am sick of this. Nu Metro Sucks!!!!!

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