Promotions, Events, Competitions & Marketing Policy

1Introduction & Scope

This policy governs all promotions, sales events, competitions, giveaways, lucky draws, referral programmes and marketing campaigns run by HmperCo across the Platform and its social media channels.

2Legal Framework

• Consumer Protection Act 68 of 2008 ("CPA") — section 36 governs promotional competitions, requiring clear disclosure of rules, closing dates, prize details, and the basis of winner selection, and prohibiting promotional competitions that are, in substance, unlawful lotteries.
• Lotteries Act 57 of 1997 — HmperCo structures its competitions to fall within the CPA's promotional competition exemption (no payment required beyond the cost of entering in the normal course, i.e. "no purchase necessary" routes are available) rather than as a regulated lottery.
• Protection of Personal Information Act 4 of 2013 ("POPIA") — section 69 governs direct marketing communications, and consent obtained for competition entry.
• Advertising Regulatory Board ("ARB") Code of Advertising Practice — HmperCo has regard to the ARB's self-regulatory advertising standards in respect of truthful, non-misleading marketing content.
• Electronic Communications and Transactions Act 25 of 2002 ("ECTA") — governs unsolicited commercial electronic communications (section 45), including the requirement to allow recipients to opt out.

3Promotions, Sales & Flash Sales

3.1 Promotional pricing, discounts, and flash sales are valid for the period stated in the promotion and are subject to stock availability. HmperCo will honour advertised promotional pricing for genuine Orders placed within the stated period, subject to clause 5.2 of the Master Terms regarding pricing errors.

3.2 Promotions may be limited to specific Products, categories, or customer segments, as disclosed in the promotion's terms.

4Competitions, Giveaways & Lucky Draws

4.1 Each competition, giveaway or lucky draw is governed by campaign-specific rules published at the time, which will include: how to enter, the entry period, prize description and value, the basis of winner selection (skill-based judging or random draw), and the closing date, consistent with CPA section 36 disclosure requirements.

4.2 Where a competition could otherwise be considered a game of chance requiring payment to enter, HmperCo will provide a free-entry route to avoid the arrangement constituting an unlawful lottery under the Lotteries Act.

5Entry Eligibility & Exclusions

Unless stated otherwise in the specific campaign rules, entrants must be South African residents aged 18 or older, hold a valid HmperCo Account, and must not be an employee, director, or immediate family member of an employee or director of HmperCo or its marketing/promotional partners for that campaign.

6Winner Selection, Verification & Prizes

1. Winners are selected and, where required, verified (including confirmation of eligibility and, where relevant, age) before a prize is awarded.
2. Prizes are non-transferable and not redeemable for cash unless stated otherwise in the specific campaign rules, and HmperCo reserves the right to substitute a prize of equal or greater value where the advertised prize becomes unavailable.
3. Winners will be notified via the contact details provided at entry and, where a winner cannot be reached within the timeframe stated in the campaign rules, HmperCo may select an alternate winner.

7Referral, Affiliate & Influencer Campaigns

Where HmperCo runs a referral programme or works with affiliates or influencers, the specific terms of that campaign (including reward structure, disclosure requirements, and eligibility) are disclosed to participants at the time. Influencer and affiliate content promoting HmperCo must comply with applicable advertising disclosure standards (for example, clearly marking sponsored or paid content).

8Advertising Standards

HmperCo's marketing content is intended to be accurate and not misleading, consistent with the CPA's prohibition on false, misleading or deceptive representations and the ARB's Code of Advertising Practice. If you believe a HmperCo advertisement is misleading, contact info@hmperco.co.za.

9Direct Marketing & Consent

9.1 HmperCo sends direct marketing communications (email, SMS, WhatsApp) only where you have consented, or where you are an existing customer being marketed similar products in accordance with section 69(3) of POPIA, and you may opt out at any time using the unsubscribe mechanism provided in each communication or by contacting info@hmperco.co.za.

9.2 Full detail on how HmperCo processes your information for marketing purposes is set out in the Privacy Policy.

10Changes, Cancellation & Withdrawal

HmperCo may modify, suspend, or withdraw a promotion or competition before its stated closing date where required by circumstances beyond HmperCo's reasonable control, or where the integrity of the promotion is compromised (for example, by fraud), and will communicate this to participants where reasonably possible.

11Fraud & Disqualification

Entrants who use multiple accounts, automated entry methods, or other means to gain an unfair advantage may be disqualified, and any prize awarded as a result may be reclaimed, in accordance with the Fraud, Abuse, Account Security & Responsible Disclosure Policy.

12Contact Details