1. Introduction
  1.1. This competition is operated by Nestlé (South Africa) (Proprietary) Limited (“Nestlé”).
  1.2. The MAGGI Cook the Difference Empowerment Campaign is a competition aimed at rewarding, supporting and upskilling South African food enthusiasts.
  1.3. Participation in this Competition is governed by these terms and conditions (the “Rules”).
  1.4. Participants are encouraged to review the Rules before entering into the Competition and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these, Rules.
  1.5. A participant’s participation in the Competition constitutes acceptance of these Rules and Participants agree to abide by these Rules

2. Eligibility
  2.1. This Competition is limited to legal residents and/or legal
    2.1.1.    Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of Nestlé.
    2.1.2.    Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.
    2.1.3.    People who are not legal residents and/or legal citizens of the Republic of South Africa.
    2.1.4.    Persons under the age of 18 years. 
  2.2. Participants are required to have a non-private Meta, Instagram or TikTok account owned and registered in their names to participate in this Competition.
  2.3. Participants may not be employees of or former employees (within the last six (6) months) of brands that are competitors of the MAGGI brand. For purposes of this Rules, “Competitor(s)” means any person or entity whose business, or that of any of its affiliate(s) includes (in whole or in part) producing, manufacturing, selling or distributing noodles (wet or dry) and seasoning, cooking and/or all-purpose sauces.

3. This Competition shall commence on 7 August 2024 and will end on 15 October 2024(“Promotional Period”). No entries received after midnight 23:59 on 15 October 2024 will be considered.

4. Competition Mechanics
  4.1. To participate in this Competition, participants are required to create and/or make their own unique signature recipe using any of the participating MAGGI products listed in clause 4.2, and to either:
    4.1.1 capture and post a photo, reel or video of their unique signature recipe on their public social media profiles on either Meta, Instagram or TikTok (“Social Media Platform(s)”) using the following hashtags #MAGGIandYou #MAGGIandMzansi #CookTheDifference, as well as tagging and following MAGGI South Africa’s accounts/pages on the respective Social Media Platforms; or
    4.1.2 visit the MAGGI Test Kitchen during any of the mall activations (as indicated on the MAGGI South Africa social media accounts/pages) in order to create and share their unique signature MAGGI recipe on site; or
    4.1.3 scan the QR code at the point of sale or click on the WhatsApp link on the MAGGI South Africa social media accounts/pages or website and follow the prompts. Standard Rates may apply.
  4.2. Participating Products

  4.3. Participants are required to use their own discretion and creativity in making the own unique signature MAGGI recipes.
  4.4. Any accounts that have been blocked by the MAGGI South Africa accounts/pages on the Social Media Platforms are not eligible to participate in this competition.
  4.5. Participants are required to enter through a non-private Social Media Platform account that is owned and registered to that participant. Participants cannot use any other person’s Social Media Platform account for purpose of participating in this Competition. If it is discovered that participants have entered using a Social Media Platform account that is not owned or registered to them, then such participants will be disqualified.
  4.6. No automated or compute-based entries will be allowed or accepted.
  4.7. Participants may enter the Competition as many times as they want over the Promotional Period provided that each entry is a unique signature MAGGI recipe. Thus, one entry per unique signature MAGGI recipe.
  4.8. Entries that do not comply with these rules and which are deemed to be unclear, and ineligible will be invalid and will thus be disqualified.

5. Guidelines on Social Platform Entries:
  5.1. Participants are required to adhere to the following guidelines for their Social Media Platform entries. Entries that do not in the sole discretion Nestlé of comply with the following guidelines will be automatically disqualified:
    5.1.1. entries that include phrases, materials and objects that are trademarked, copyrighted or owned by third parties, as well as entries that may infringe the any third party’s rights including but not limited to intellectual property rights;
    5.1.2. entries that contain work created by a third party such as music, images or artwork,
    5.1.3. entries that promotes illegal activities or promotes activities that appear to be unsafe or dangerous;
    5.1.4. entries that promote any particular political agenda or message, is obscene or offensive or endorses any form of hate;
    5.1.5. entries that are inappropriate, indecent, sexually explicit or suggestive, unnecessarily violent, profane, obscene or derogatory;
    5.1.6. entries that violate any law, statute, ordinance or regulation;
    5.1.7. entries that disparage, slanders or libels any third party, organisations, companies or any other brands;
    5.1.8. entries that mention any competitive brands; and
    5.1.9. entries that were previously submitted in any other competition of a similar nature.

6. By participating in this Competition and submitting an entry, participants consent to and hereby grant Nestlé a royalty free, irrevocable, perpetual, sublicensable, non-exclusive right and license to use, reproduce, modify, publish, create derivative works from, and to display as well as post such entries on any Social Media Platform that Nestlé deems appropriate. The participants also grant Nestlé the right and license to incorporate the entries into any other work, in any form, media or technology including for promotional and marketing purposes. Where required, participants may be required to sign any documentation that may be required by Nestlé to make use of the non-exclusive rights set out in this term and condition.

7. The top ten (10) finalists as well as the Grand Prize Winner will at the end of the Promotional period be determined in accordance with the provisions of clause 8 below.

8. Process to Determine the Top ten (10) Finalists and the Grand Prize Winner
  8.1. The top ten (10) finalist will be determined by a panel of judges consisting of the Nestlé MAGGI Brand Team, a representative of Nestlé’s legal team, a representative of the advertising agency as well as team of selected social media influencers (the “Judges”) using the following judging criteria :
    8.1.1. Originality (20%);
    8.1.2. Taste: (20%);
    8.1.3. Fit with brand (20%);
    8.1.4. Resonance with the audience group (20%); and
    8.1.5. Social media friendliness: (20%).
  8.2. The Judges decision is final, and no further correspondence will be entered into.
  8.3. The potential grand prize winner will be determined by public vote. The top ten (10) finalist with the most public votes will be determined to be the potential grand prize winner. Each top ten (10) finalists’ unique signature MAGGI recipe will be posted on the MAGGI South Africa Social Media Platform accounts/pages and the recipe with the highest number of likes across all Social Media Platforms will be the potential grand prize winner.

9. The Prizes
  9.1. Participants in this Competition stand the chance to win:
    9.1.1. SETA accredited courses for the Top ten (10) finalists valued at R 100 000 (one hundred thousand rands) which include the following:
      9.1.1.1. Food Handling Safety and Hygiene Course (SA Chefs Association Accredited);
      9.1.1.2. Business Plan Development (SETA Accredited);
      9.1.1.3. Knife Skills Course (SA Chefs Association Accredited); and
      9.1.1.4. Personal Branding Course (SETA Accredited).
    9.1.2. A feature in the MAGGI Cookbook (the “Cookbook”):
      9.1.2.1 each of the Top 10 (ten) finalists’ unique signature MAGGI recipe will be featured in the Cookbook.
    9.1.3. 1 x Grand competition prize which will be awarded to the Grand Prize Winner at the end of the competition – the grand prizewinner will be announced by 01 December 2024 and the prize includes the following:
      9.1.3.1. A brand partnership in terms of which the grand prize winner will be named as MAGGI’s brand partner (the “brand partner”) and will be required to collaborate with the MAGGI brand team for purposes of promoting MAGGI products and to increase brand awareness using their Social Media Platform accounts/pages. The brand partnership will be for a set period of 1 (one) year (the “brand partnership period”), in which period the grand prize winner cannot engage in brand partnerships with any of MAGGI’s direct competitors or which partnerships are in conflict with their brand partnership with MAGGI and Nestlé. The brand partner will upon expiry of the brand partnership period be prohibited for engaging in any brand partnerships with MAGGI’s direct competitors for a period of six (6) months post expiry of the brand partnership period.
For purposes of this Rules, “Competitor” means any person or entity whose business, or that of any of its affiliate(s) includes (in whole or in part) producing, manufacturing, selling or distributing noodles (wet or dry) and seasoning, cooking and/or all-purpose sauces.
      9.1.3.2. A public relations support package which includes:
        9.1.3.2.1. social media support valued at R150 000 (one hundred and fifty thousand rands)
        9.1.3.2.2. media interviews and editorial features valued at R100 000 (one hundred thousand rands)
      9.1.3.3. Defy 4 Burner Gas Stove (stove top and oven) valued at R13 000 (thirteen thousand rands);
      9.1.3.4. Blaumann 11 valued at R2100 (two thousand one hundred rands);
      9.1.3.5. Piece Le Chef Collection Copper Stainless Steel Cookware Set valued at R2100 (two thousand one hundred rands);
      9.1.3.6. KIC 239 Liter Metallic Fridge Freeze valued at R6000 (six thousand rands); and
      9.1.3.7. Porcelain Dinner Set 24 Piece White valued at R2000 (two thousand rands).

10. Claiming Your Prizes
  10.1. Where applicable, the eligible Grand Prize Winner will have their prizes delivered, in which instance a physical delivery will be necessary. Should delivery of the prizes be unsuccessful after three (3) attempts the prizes will be stored by at Nestlé’s premises and may be collected by the validated grand prize winner within three (3) months. Failing which the prize will be forfeited.
  10.2. At the time that the potential top ten (10) finalists (“Finalist)”) are identified, such Finalists will receive a direct message (DM) from a representative of Nestlé to the Social Media Platform account/page which they used to submit their entry for this Competition. In instances where any of the Finalists submitted their entries through WhatsApp then such Finalists will receive a WhatsApp message to the WhatsApp number which they used to submit their entry. The Finalists may be required to answer a few questions regarding their eligibility as well as be requested to submit certain documents such as proof of identification to Nestlé’s representatives.
  10.3. Potential Finalists are not an actual Finalists at the time of being contacted. If a potential finalist does not meet the eligibility requirements, then their finalist position will be forfeited, and the Judges will in terms of clause 8.1 above determine a replacement finalist. Potential Finalists will also have forty-eight (48) hours to respond to the DM or WhatsApp message and to produce the relevant documentation before forfeiting their finalist position.

11. Promotional Material and Marketing Activities
  11.1. Nestlé may require the Finalists and the Grand Prize Winner (at no fee) to be identified, photographed and the photograph or related article published in printed media, or to appear on radio and television, when accepting their prizes and/or after receiving their prize.
  11.2. The Finalists and the Grand Prize Winner will be required to sign a letter of consent and the Promoters shall have the right to use any photographs of any of the winners in perpetuity.

12. General
  12.1. The Judges’ decision is final, and no correspondence will be entered into.
  12.2. Nestlé may require the Finalists and Grand Prize Winner to complete and submit an information disclosure agreement to enable Nestlé to ensure compliance with these Rules.
  12.3. Should the Finalists and the Grand Prize Winner be found, in Nestle’s sole discretion: not to be eligible to be a Finalist or to win; or not to have complied with these Rules; or that their conduct can be reasonably interpreted as constituting scamming; or as being fraudulent with regards to the Competition; and if it would be unlawful to award the prizes, they will automatically be disqualified and/or the prize will be forfeited. The Finalists and the Grand Prize Winner may also be required to sign acceptance of prize forms and indemnity documents.
  12.4. The prizes are not transferable, and no substitution or cash redemption of prizes is permitted. The prizes will not be handed/awarded to a third party, but only to the verified Finalists and Grand Prize Winner.
  12.5. Nestlé reserves the right, at its sole discretion, to substitute the prizes with any other prizes of comparable or greater commercial value for whatever reason.
  12.6. Prize visuals on any competition and/or promotional materials are for illustrative purposes only.
  12.7. By entering, a Participant acknowledges that personal information about the Participant will be shared with Nestlé and its agents to the extent necessary to conduct the Competition and for the prizes to be delivered to prize winners.
  12.8. In terms of the data protection laws and Nestlé’s Privacy Notice, Nestlé and/or the Promoters will have to process the following personal information receive directly from you and belonging to you: name; address; email; cell phone or telephone contact details; and certain preferences about you (where and if applicable). Additionally, by entering this Competition, you authorise Nestlé to process your personal information for communication or statistical purposes. Any personal data submitted by you will be used solely in accordance with current Republic of South Africa data protection legislation and Nestlé’s privacy policy. Your personal information will be shared on a need-to-know basis with certain third parties, for the purposes of giving effect to this Competition, including lawyers, advertising agencies, auditors, and/or regulators. Whilst we hold your personal information, we will keep it safe and secure until the purpose for holding it has come to an end, whereafter it will be destroyed, and you accept that by entering into this Competition that you agree that we may process your personal information as indicated above.
  12.9. For more details on how we may deal with your personal information please see our standard Privacy Notice on our website - https://www.nestle-esar.com/info/yourdata. For any questions or clarifications regarding the processing of your personal information, you may contact us by emailing dataprotection@za.nestle.com or Dial + 27 86 009 6116.
  12.10. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants that take part in any broadcasting or publicity campaigns will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of Nestlé.
  12.11. Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 (the “Act”).
  12.12. All Participants participate entirely at their own risk. By reading and accepting these Rules, the Participants give consent to these risks and hereby indemnifies and holds harmless the Promoters, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of Nestlé.
  12.13. Nestlé, its directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participants, or accept any liability for: (a) any inability by the Participant to use the prizes in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize.
  12.14. Nestlé, its directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than Nestlé itself.
  12.15. The Promoters reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Competition and acknowledge that they will have no recourse against Nestlé, its advertising agencies, advisors, suppliers and nominated agents.
  12.16. By entering the Competition, Participants acknowledge that the Competition will be managed in accordance with the provisions of the CPA. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize.
  12.17. Notwithstanding anything to the contrary contained in these Rules, Nestlé reserves the right to amend, modify, change, postpone suspend or cancel this Competition, the Rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which Nestlé deems necessary. At the end of the Competition for whatsoever reason, all of Nestlé’s obligations in regard to the Competition as well as in regard to the prizes shall cease to exist.
  12.18. This Competition is in no way organised, endorsed or administered by, or associated with Meta, Instagram, TikTok or WhatsApp. As a Participant, you understand that you are providing your information to Nestlé and not to Meta, Instagram, TikTok or WhatsApp.
  12.19. These Rules shall be governed by and interpreted according to the laws of the Republic of South Africa and any Participant and Nestlé consent to the non-exclusive jurisdiction of the High Court of South Africa.
  12.20. For further information or enquiries please email our consumer services at consumer.services@za.nestle.com or call us on +27 86 009 6116/+27 11 514 6116.