TERMS AND CONDITIONS

TERMS AND CONDITIONS of The SMS to Win Promotion

No Purchase or Payment Necessary To Enter or Win. Entrants must be 18 years of age or older at the time of entry to participate and be legal residents of South Africa. Void where prohibited by law.

I. SMS to Win Promotion

I.1. The SMS to Win Promotion (the “Promotion”) is conducted by Telemedia Holding Ltd. (company registration number: 01-09-962705, tax num: EU12354454), a company registered in H1012 Budapest, Márvány utca 17. (the "producer").

I.2. The Promotion begins 12th February 2022.

I.3. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

II. Eligibility

II.1 Participation in the Promotion constitutes acceptance of these Terms and Conditions.

II.2 The Promotion is open solely to legal residents South Africa who have reached the age of 18 years or older who have submitted an entry in accordance to condition IV. 

II.3 Employees of the Promoter, the Program Promoter, the television stations on which the Promotion will be broadcast ("Broadcaster"), the mobileservice companies, their parent, subsidiary and affiliate companies, agents, representatives, advertising and promotion agencies, or any of their related corporations or any of their agencies associated with the Promotion, immediate family members and/or those living in the same household of such employees, and any person whose access to the Promotion has been terminated or suspended by the Promoter (collectively, the "Excluded Parties") are not eligible to participate. and will result in the cancellation of all entries or prizes. Any prizes won will be invalid, and can also lead to prosecution.

III.4 When the Promoter believes that entry was made and / or a prize won in II.2 or II.3, and / or when the Promoter believes or considers unusual entries or call records, then the Promoter may decide at its sole discretion, that any winner must explain their answer or calculation, to the Promoter, and to the Promoter’s satisfaction, in order to win. The Promoter may decide, in its sole discretion, if it believes that the winner viewer calculated a winning answer themselves, or with the help of someone by proxy in point II.3. Thus, the Promoter decides on its sole reasonable opinion, if the winner viewer will be paid or not. 

II.4 The Promotion is void where prohibited by law.

III. The Programs

III.1. The Promotion comprises a series of television programs (collectively, the “Programs” and each a “Program”). 

III.2 The Programs will be broadcast and will be conducted from 12th February 2022. The indicative broadcast times and television channels where the program will broadcast will be published on the Program’s website www.SMSTOWINTV.com . The Program will be broadcast at times and on broadcast stations, cable or satellite systems that may vary depending on viewing locations. Check your local TV listings for the current times and days the Program will air in your viewing area.

III.3 Each Program consists of a series of games, puzzles, riddles, trivia and other general knowledge and skill testing questions, (collectively, the "Games" and individually, a "Game") which viewers will be invited to solve during the Program by giving a correct answer to the question of the Game (collectively, “Question” and individually, a “Question”). A Game can be announced in an advertisement preceding the Program in which case entries are accepted starting from the announcement of the Game. The number and the timing of the Games during each Program will be determined by the Promoter in its sole discretion. 

IV. How to play?

IV.1 You must register for each Round separately. Registration received for any Round will not be carried forward to subsequent Rounds. No purchase is necessary and no entry fee will be charged in order for you to register to become eligible to become a Contestant and participate in the Round. However, you will be charged for service by the service provider of the mode of communication you choose to use to enter. You can register in one of two ways: (1) via the Internet; (2) by Cell Phone; 

VI.2 Entering Via the Internet

Visit smstowintv.com and follow the instructions to register for free during any Registration Period. You may only register during the live show. You will be required to provide a South African land line and/or cell phone number (including area code) where you wish to be contacted by the Promoter, along with your full name. All information collected on-line is subject to Sponsor's Privacy Policy found at smstowintv.com. 

IV.3 Entering via SMS

Entry to the Promotion can be made by SMSing in to the Program’s a premium rate SMS number: 39975 or/and any other numbers proposed on screen during the show. The number(s) can change and always the number published in the Program governs. The Number is reachable from MTN, Vodacom and Telekom mobile phones. The cost of the SMS is 15 ZAR, including VAT. Sending an SMS does not guarantee connection to the studio and going live on air. 

IV.4 In each show the players are informed about their spending when they have sent 15 SMS and no more entries accepted when they have sent 150 SMS. At sending 13 SMS in a show the player receives a warning SMS notifying about the  amount already spent. At the sending 150 SMS in a show the player is notified by SMS  that he/she have reached the limit per show, we are sorry but in your own interest we cannot accept more entries from this mobile.

IV.5 An Entrant is randomly selected among the Entrants of the Round (a “Round” is the time period from the last selection till this selection), who is then connected live to the studio (“Selected Entrant”). (For details of the selection mechanism, see conditions V.)

IV.6 The Selected Entrant has to answer the Question. The prize for each Game will be described at the commencement of each Game and can be raised during the Game. If the answer given by the Selected Entrant is correct, he/she wins a guaranteed cash prize and may immediately participate in the bonus game in case a bonus prize was advertised and proposed by the host during the Game. (See conditions VI.)

IV.7 Each Question prize will vary. The Promoter will accept no claim based on any maximum prize value contained in these Conditions.

IV.8 The prizes for each Game, the exact amount of cash prizes and the prize descriptions and retail values of non-cash prizes, will be announced by the Host at the commencement of the Game. No cash or other substitution, assignment or tra9nsfer of prize permitted for non-cash prizes except that Promoter reserves the right to substitute a prize of equal or greater value in the event that an offered prize becomes unavailable.

IV.9 The Promoter does not guarantee that any prizes will be awarded in any Program.

IV.10 Prizes which are cash prizes will be paid by means of electronic transfer of funds to an account nominated by the winning Entrant.

IV.11 Rights to receive prizes are not transferable or exchangeable.

IV.12 At any time before an Entrant is selected, it shall be at the Promoter’s absolute discretion to select another prize from within the prize pool of higher value.

IV.12 The instructions on how to play each Game during the Program will be provided by the Host during the broadcast of the Program. These Game instructions shall be deemed to be incorporated by reference into and form a part of these Terms and Conditions. In the event of any dispute or disagreement regarding any aspect of a Game, including the operation of the Game, or the correct solution to any Game, the decision of the Promoter shall be final and binding. All entry instructions and prize information published by the promoter form part of these Terms and Conditions.

V. Selection of Winner

V.1. The Promoter will select at random a submitted entry made by the Entrants eligible to answer the Question. If the Promoter is satisfied that the internet Entrant or the SMSer is permitted to be an Entrant, the person will be invited to provide their answer to the Question live on air. 

V.2 Each Entry have the same chance of being drawn to become a Selected Entry and its Entrant to go into the air. The draw process is the following. Each Internet Entrant (whether via Internet or SMS) receives a random number larger than 0 smaller than 1. At the end of the Round the Entrant which has received the smallest number will be called back and connected to the studio. The Round is ended by the decision of the show director.

V.3 When a Round closes the system stops receiving new Entries for this Round and all entries after the close will participate in a new Round regardless whether the Selected Entrant of the closed Round have already gone to air or not. Only those Internet Entries and SMSs that have been received during the Round participate in the selection of being connected to the show. When a show finishes but a round has not, then a round is paused till the next show, on a similar time of the day, begins and the paused round continues. 

V.4 The Entrant of the Selected Entry selected will be called by the Promoter on the telephone number the internet Entrant has provided or the player sent the SMS from and asked to stay on the line and then will be transferred to the host to go live to air. If, for any reason, the Promoter is unable to contact Entrant via the telephone number the internet Entrant provided or the player has sent SMS from (including but not limited to busy tone being received, "number not known" message received, answer machine message received, phone lines cut), the next Entrant – in the order of the smallest ticket number received - will be selected for connection to the studio.

V.5 The Promoter is not responsible for network, telephone line or communication failures of any kind or for entries that are incomplete or incomprehensible or not received. Such entries will be void.

V.5 When the answer given to the Question by the Selected Entrant is incorrect, then a new Entrant will be selected from a new round (see V.3) to give a correct answer to the Question or the game is stopped and a new game will be introduced by the host or the show ends.

V.6 When the answer given to the Question by the Selected Entrant is correct, the Selected Entrant wins the prize announced by the host. The prize is announced on the TV screen and by the host too. 

VI. The Optional Bonus Game 

(i) The host might offer for the Selected Entrant who gives the correct solution to Question an opportunity to win extra money by participating in a Bonus Game. 

(ii) The Bonus Game a table consisting of 16 blocks. The blocks are numbered from 1 to 16. Behind 4 blocks the same icons are hiding. The Selected Entrant is invited to select 4 blocks. The 4 selected blocks are turned to reveal the icons behind them. If 4 revealed icons are the same the Selected Entrant is deemed to have provided a correct answer in respect to the Bonus Game. If not the answer is deemed to be incorrect.

(iii) If the Selected Entrant correctly answers a Bonus Question that they were asked, they will win a Bonus Question prize in addition to the Question prize; 

(iv) If the Selected Entrant incorrectly answers a Bonus Question, they will still retain their Program Question prize, but will not be awarded any Bonus Question prize and no-one else will be offered the opportunity to answer that Bonus Question, or be awarded any prize in relation to that Bonus Question.

(v) To answer the Question of the Bonus Game (“Bonus Question”), the selected Entrant must be able to see the broadcast of the Program at the time that the Bonus Question is asked;

VI.1 The Promoter’s decision as to whether an entrant has given a correct answer to any Question or Bonus Question is final.  The Promoter may determine a time limit within which an entrant must answer the Question or the Bonus Question and, if no answer is provided within that time, the Entrant will be deemed to have given an incorrect answer.

VI.2 The Promoter may, at its absolute discretion, declare any or all entries made by a person invalid if the person:

(i) fails to establish their entitlement to enter the Promotion to the Promoter’s satisfaction;

(ii) tampers with the entry process or benefits from such tampering;

(iii) submits an entry which is not in accordance with these Conditions; or

(iv) is, in the sole view of the Promoter, attempting to manipulate the Promotion.

VI.3 Each winning Entrant consents to the Promoter and its advertising agencies to use and publish their name, likeness, image and/or voice (including any photograph, film and/or recording of them) biographical information and home city and province in any media at any time or times without geographic limitation of any sort without remuneration for the purpose of marketing the Promotion, the Program, the Promoter and/or any of the Promoter’s products.

VII. Winner Notification and Verification

VII.1 Prize winners will be notified on air and via telephone or SMS. For purposes of the Program, the "authorized account holder" of a phone is the natural person in whose name the phone number has been issued and to whom the services are billed.

VII.2 The Entrant who picks up the phone when called back by the Promoter will determine the answer to be submitted to any Question or Bonus Question posed. The Promoter will (subject to the other provisions of these Terms and Conditions) award to that person any prize that is won for answering that Question.  That Entrant may, if she/he so elects, share any prize money with any third parties that assist her/him with answering the question. The Promoter will not enter into any disputes regarding payment of prizes between Entrants.

VII.3 The Promoter will verify the identity of a winning Entrant after the winning Entrant has successfully answered a Question or Bonus Question (as the case may be). The winning Entrant will be required to provide the Entrant’s full name, address and additional information as is necessary to verify his or her identity. If the Entrant’s identity cannot be verified, the Entrant will forfeit his or her prize.

VII.4 In order to be entitled to any prize, each winning Entrant must, if requested by the Promoter, agree to and sign an eligibility form confirming their eligibility to accept the prize; and a liability release and/or indemnity form in favour of the Promoter and/or any entity associated with the Promotion as determined by the Promoter. A winning Entrant who does not comply with this condition 4.9 forfeits his or her prize.

VII.5 If during the Promotion a prize is forfeited for any reason, each prize will return to the total prize pool to be distributed within the promotional period.

VII.6. After the winning Entrant provided the Entrant’s full name, address and additional information as is necessary to verify his or her identity, the Promoter shall pay the prize within 60 days to the winning Entrant.

VIII. General Conditions

VIII.1 Entrants unconditionally agree to accept and be bound by these Official Rules and the decisions of the Promoter, which shall be final and binding on all matters relating to the Game. The Promoter has the right to modify these Terms and Conditions and Rules in its sole discretion for any purpose without materially affecting the terms and conditions of the Promotion. 

VIII.2 The Promoter accepts no responsibility for any tax liability incurred as a result of a person participating in the Promotion.  Entrants should obtain independent tax and financial advice.

VIII.3 The Promoter may prohibit any Entrant from participating in the Promotion if, in their sole discretion, such Entrant shows a disregard for the Official Rules or (i) annoys, abuses, threatens, or harasses any Entrant, Selected Entrant, Promoter or the on-air Host (ii) participates in a manner inconsistent with the official rules; or (iii) participates in any other matter deemed disruptive, in the sole judgment of the Promoter.

VIII.4 The Promoter may disqualify at any time any Entrant and/or Contestant who (i) fails to comply with the Official Rules, (ii) provides inaccurate personal data, including, but not limited to his/her contact phone number, (iii) fails to provide proof of identity or other information regarding eligibility as requested by the Promoter in a timely manner, (iv) hacks the entry process or uses any technology to gain an unfair entry advantage, including, but not limited to, the use of speed dial hardware or software, automated dialing devices, script, macro, robotic or other such means of entry, (v) engages in fraudulent conduct including, but not limited to, the use of technology which enables an Entrant to evade charges, or (vi) uses profanity or disparaging language while on-air.

IX. Release from Liability

The Promoter and the Excluded Parties are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incorrect, incomplete, ineligible or unintelligible entries; (ii) telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties; (iii) errors in transmission, computer systems, telephone lines, hardware or software malfunctions, or other errors, failures, dropped computer or telephone connections that are human and/or technical in nature; (iv) any condition caused by events beyond the control of the Promoter that may cause the Promotion to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind caused by a Prize or resulting from acceptance, possession, use or misuse of a Prize, or from participation in the Promotion or any damage to an Entrant's computer system or mobile telephone that is directly or indirectly caused by accessing the website; or (vi) any printing, typographical or on-air errors in any materials associated with these Official Rules or the Games generally. The Promoter reserves the right, in its sole discretion, to cancel, modify or terminate any Game in progress and not award prizes, in the event of a computer virus, unauthorized intervention, technical or a system failure which corrupts the administration or fairness of the Game. The Promoter and the Excluded Parties assume no responsibility for any injury or damage to participants or to any other persons computer relating to or resulting from entering or downloading materials or software in connection with this Promotion. If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Promotion, subject to the approval of the authorities that have issued permits for its conduct.The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication including any SMS communication sent to (or by) the Promoter of any Entrant, whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competitions;  or (iv) any incorrect or incomplete information which may be communicated in the course of administering the Competitions (whether as a result of one of the foregoing causes or otherwise). To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel (the “Relevant Parties” ) exclude all liability for any loss (including any damage, claim, injury, cost or expense) whatsoever which is suffered or incurred by any entrant or other person that: (i) arises out of or is in any way connected with the Promotion or any prizes; or (ii) is otherwise due to the broadcast of any program relating to the Promotion or the publication of any material in connection with the Promotion, including any statements made by any host, staff member, other entrants or any other person, including: (a) any indirect, economic or consequential loss; (b) any loss arising from or contributed to by negligence of a Relevant Party; (c) any liability for personal injury or death. The Promoter shall have any liability to any Entrant or Selected Entrant in the event that a telephone SMS with that individual is interrupted, disturbed or in any way affected by any circumstances beyond the control of the Promoter at any time during the Game. In such event, that individual will be eliminated from the Game and the Promoter reserves the right to select another Entrant. THE HIGH VOLUME OF ENTRIES, OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT N TEMPORARY INABILITY TO ENTER THE PROMOTION OR A DELAY IN THE PROCESSING OF ENTRIES. IF YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE, THE PROMOTER IS NOT RESPONSIBLE OR LIABLE IN ANY WAY. 

X. Governing Law: Limitation of Liability

Entrants agree that this Promotion shall be governed by the laws of South Africa and: (1) any and all disputes, claims and causes of action arising out of or connected with this Program, the interpretation of the Terms and Conditions and Official Rules, or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by courts situated in South Africa any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event lawyer’s fees, court costs; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) Entrants hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions and Official Rules shall be governed by and constructed in accordance with the laws of South Africa. 

XI. Customer Support

Interested parties may send e-mail to info@SMStowintv.com 

XII. Kinds of Personal Information that Telemedia Collects and Holds

1. contact information such as your full name, date of birth, telephone number, mobile telephone number, current and valid email address, residential address and postcode;Personal information that may be requested includes, but is not limited to:        

2. location information;

3. more detailed contact preferences;

4. information or opinions about you recorded as a result of your participation in any of our trade promotions;

5. information regarding your personal interests and interesting and relevant information about you;

6. the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to Telemedia and used for the purposes set out in this policy (which may include using their details for marketing purposes); and

7. any other relevant personal information requested in connection with a promotion or as part of any Application.

XIII. Sensitive Information

XIII.1. We will only collect sensitive information with your consent and where you provide it to us directly. Where you provide us with any sensitive information (including, but not limited to, information about your sexual orientation, religious beliefs, medical and/or criminal history) in connection with what is requested by a Website, we will only use this information for the purposes stated on the Website and will share this information with our trusted third parties in the manner stated on the Website or in this Privacy Policy.

XIV. How Telemedia Collects and Holds Personal Information

Telemedia will only collect or monitor any personal information about you with your consent including as provided in this Privacy Policy or if it is otherwise lawful to do so. The only personal information collected by us is what has been provided to us in accordance with this Privacy Policy or has been provided to us lawfully by third parties.

XV. Active Information Collection

XV.1 Personal information may be collected (and combined) via our Collection Channels if you:

a. have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party;

b. purchase a product, make a booking or participate in any way via a Collection Channel;

c. subscribe to any newsletters, updates, alerts or news and media releases, or request launch or event information or information about our products or services or other information services as well as third party products or services;

d. complete and submit any forms to us;

e. contact us directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website;

f. enter into or participate in any offers, promotions or marketing activities;

g. download and use a mobile and/or tablet application; or

h. interact with or browse a Website generally.

XV.2. Personal information is requested in order to enter you into and administer a promotion and facilitate or provide you with certain content, products or services, and information about such content, products or services (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), marketing materials (including direct marketing materials), newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of other Telemedia or third party products, services, offers, competitions or events which may be of interest. No one is obligated to provide personal information. However, failure to do so may result in Telemedia being unable to include you in a promotion, to facilitate or provide you with certain content, products or services, products or services information, upcoming promotion, competition, offer or event information.

XV.3. We may also obtain your personal information from legitimate third party sources including list brokers and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.

XVI. Children

The collection of personal informationis neither intended for, nor directed to, persons who are under the age of eighteen (18) years old. Personal information will not be collected by any person who is known by Telemedia to be under the age of eighteen (18) without the consent of a parent or legal guardian. Persons under age eighteen (18) may only use our Websites with the involvement and consent of a parent or legal guardian.

XVII. Passive Information Collection

XVII.1. As with many commercial websites, we may also collect information which tells us about visitors to our Websites. For example, we may collect information about the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally, you consent to the collection of such information where it is personal information.

XVII.2. As you navigate through our Websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth). This is dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatiSMSy transmits to the Website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our Websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a Website might not work without cookies and this may limit the services provided by a Website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf.

XVII.3. Our Websites may use and combine such passively collected anonymous information or personal information and/or information from various third party sources, including as described in paragraph 15, and may combine this anonymous information or personal information with other personal information collected from you to provide better service to Website visitors and users, customise a Website based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way.

XVIII. Purposes for which Telemedia collects, holds, uses and discloses personal information

XVIII.1. Personal information collected will be used for the following primary purposes:

a. For the purposes stated in a privacy collection statement on a particular Collection Channel.

b. To enter you into and administer promotions.

c. To contact you and award prizes (if applicable) in relation to a promotion.

d. To maintain the functionality of a Website, including the provision of information to you relating to the content available on the Website and e-commerce transactions conducted via the Website.

e. To fulfil obligations in respect of any upload terms of use, sale and purchase contract and/or any other contract between you and Telemedia.

f. To send you any technical, administrative or legal notices important to our Websites.

g. To choose entrants, winners and participants for our promotions.

h. To provide you with information about your transactions (including uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), content, services and products.

i. To provide direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email) or any other form of electronic, emerging, digital or conventional communications channel.

j. To maintain our relationship with you.

k. To render services related to the company of Telemedia (such as after sales services and enquiries).

l. To provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages.

m. To respond to customer enquiries, complaints and complaints handling.

n. To improve Website and system administration.

o. To obtain opinions or comments about products and/or services and to conduct other research and development.

p. To use a winner of a promotion's name, image and their comments relating to a prize for future promotional, marketing and publicity purposes in any media worldwide.

q. To record statistical data for marketing analysis and to conduct market research.

r. To share personal information with Telemedia group companies, our promotional partners, television networks and their related bodies corporate, audiences, and other trusted third parties in the manner described below.

s. Any other purpose as may be deemed reasonably necessary by Telemedia in the circumstances.

XVIII.2. For the purposes described above, personal information may be shared with Telemedia group companies, Telemedia promotional partners, television networks and their related bodies corporate, Production audiences, and other trusted third parties (and their directors, servants and agents) either in South Africa or including, but not limited to North America and European Union. Failure to provide personal information may result in Telemedia being unable to include you in a promotion or to provide you with certain content, information, upcoming promotion, event or product information and/or accept promotion entries (where applicable).

XVIII.3. In order to operate a Website or deliver a service (including for example, processing of credit card payments), personal information may also be shared with Telemedia group companies, selected service providers, television networks and their related bodies corporate, and/or other trusted third parties either in South Africa or other countries, including, but not limited to the European Union. Telemedia group companies, selected service providers and/or other trusted third parties may be engaged by Telemedia to perform a variety of functions, such as data storage, fulfilling orders, conducting market research, processing credit card payments, assisting with promotions and providing technical services for our Websites. These companies may have access to personal information if needed to perform such functions. Your credit card details are only used to facilitate your booking and/or purchase. They are not used for any other purpose and will never be supplied to a third party other than Telemedia.

XVIII.4. Telemedia recognises the trust with which you provide personal information, and except as stated in this Privacy Policy or as is otherwise lawful, such information will not be used or disclosed for any other purposes without consent. However, Telemedia reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of Telemedia, any member of the Telemedia group, or any member of the public, to protect the integrity of a Website, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

XIX. Contact byTelemedia

XIX.1. Telemedia group companies (and their directors, servants and agents), Telemedia promotional partners, television networks and their related bodies corporate or trusted third parties (and other selected service providers and other non-Telemedia companies or professionals) in South Africa or in the European Union, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.

XIX.2. Telemedia does not send advertising or marketing information without obtaining prior consent, for example the consent contained within this Privacy Policy, or as is otherwise lawful. If you receive communications from Telemedia which you do not wish to receive, you may remove your name from the database in the manner indicated in the communication, including by utilising the functional unsubscribe/opt-out facility (if the communication is via commercial electronic message) or by contacting Telemedia via email: info@SMStowintv.com. Please allow 30 days for this request to be processed.

XIX.3. Despite removing your name from the database from receiving future advertising and marketing information, Telemedia may send you non-commercial "Administrative Emails". Administrative Emails relate to a Telemedia user account and may include administrative and transaction confirmations, requests and inquiries or information about a particular Telemedia user account. If you do not wish to receive such communications from Telemedia, you may remove your name from the database by utilising the functional unsubscribe facility.

XX. Your right of access

XX.1. You have the right to access and review your personal information that may be recorded on the Telemedia Information may be reviewed by contacting Telemedia's privacy officer via email: info@SMStowintv.com. Please allow 30 days for this request to be processed.

XX.2. On a case by case basis Telemedia may determine that it is not required to give an individual access to personal information to the extent that it is lawful for Telemedia to do so. If such a determination is made then Telemedia will provide you with a written notice.

XX.3. Where you are seeking information held on electronic file, or where you are seeking hard copies of personal information, we reserve the right to charge reasonable handling/ postage fees as appropriate.

XX.4. With some personal information that may, for example where it is held on program tapes, it is not practical to provide this information to you without charging an appropriate fee as we deem reasonable in those circumstances.

XXI Changing and deleting the information we have about you

XXI.1. Information contained on the database may be amended, or your preferences for contact from us changed, by contacting Telemedia's privacy officer via email: info@SMStowintv.com. Please allow 30 days for this request to be processed.

XXI.2. In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in Telemedia declining your Application to appear in a Production and being unable to facilitate or provide you with information about certain transactions (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, goods or services.

XXI.3. If you are involved in our Productions, your personal information will be used in connection with the production and promotion of those Productions for the duration of their broadcast and distribution, and may also be sent outside South Africa for the same reasons. Please contact Telemedia's privacy officer via email: info@SMStowintv.com with any questions concerning your consent to this.

XXI.4. We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy.

XXII. Storage and security of personal information

Telemedia will endeavour to take all reasonable steps to keep secure any personal information recorded (including your credit card details), and to keep this information accurate, up to date, complete and relevant. The information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas, including, but not limited to the European Union.

XXIII. Disclosure of personal information to overseas recipients

In some cases, Telemedia may disclose your personal information to overseas recipients, including but not limited to recipients the European Union. Telemedia employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by Telemedia. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Telemedia will not be held responsible for events arising from unauthorised access to personal information.

XXIV. Telemedia and links to other websites

XX.IV.1. Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. Telemedia is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.

XXIV.2. We may use third party advertisements on our Websites. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by Telemedia or any of its affiliates. Telemedia is not responsible for the content (including representations) of any third party advertisement on a Website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.

XXV. Related Telemedia Websites

37. All Websites operated by Telemedia will adhere to this Privacy Policy. The policies on the Websites of some members of the Telemedia group may vary, however, because of local customs, practices or laws.

XXVI Sale of the Company

XXVI.1. If Telemedia merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser's adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.

XXVII Problems or queries

XXVII.1. If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled and/or disclosed your personal information, please contact our privacy officer via one of the following channels:

Email: info@SMStowintv.com

Please allow 30 days for this request to be processed.