These Terms and Conditions govern all competitions operated by Luxx Life (Pty) Ltd (“Luxx Life”, “the Promoter”, “we”, “us”, “our”).

By entering any Luxx Life competition, you (“Entrant”, “Participant”, “you”, “your”) agree to be bound by these Terms and Conditions.

1. DEFINITIONS

In these Terms of Play, unless the context indicates otherwise:

“Draw”  means  the random selection process by which a winning ticket is determined, conducted either by means of a certified random number generator (RNG) or a physical draw mechanism, as specified for each Raffle.

“Entrant”  means  any eligible person who has purchased one or more Raffle Tickets for a specific Raffle.

“Lotteries Act”  means  the Lotteries Act, 1997 (Act No. 57 of 1997), as amended from time to time.

“Luxx Life”  means  Luxx Life (Pty) Ltd, a private company duly incorporated in accordance with the laws of the Republic of South Africa, acting as Social Lottery Manager on behalf of the Operator.

“NLC”  means  the National Lotteries Commission, established in terms of the Lotteries Act.

“NPO”  means  non-profit organisation as defined in the Non-Profit Organisations Act, 1997 (Act No. 71 of 1997).

“Operator”  means  [NPO Name] (Registration No. [NPO Reg. No.]), a registered NPO and the licensed operator of the Raffle in terms of the Lotteries Act and NLC authorisation.

“Platform”  means  the Luxx Life digital platform, accessible at www.luxxlife.co.za and associated mobile applications, through which Raffles are administered on behalf of the Operator.

“POPIA”  means  the Protection of Personal Information Act, 2013 (Act No. 4 of 2013).

“Prize”  means  the prize or prizes offered in a specific Raffle, as described on the Platform for that Raffle.

“Raffle”  means  a draw-based competition constituting a social lottery conducted by the Operator under the Lotteries Act, administered by Luxx Life as Social Lottery Manager.

“Raffle Ticket”  means  a numbered ticket purchased by an Entrant conferring one entry into the Draw for the relevant Raffle.

“Social Lottery Manager”  means  Luxx Life, appointed by the Operator to administer, manage, and operate the Platform and associated Raffle processes on behalf of the Operator, in accordance with the Lotteries Act.

“Terms of Play”  means  these terms and conditions, as amended from time to time, which govern all Raffles conducted on the Platform.

“Winner”  means  the Entrant whose Raffle Ticket is selected by random Draw.

2. LEGAL  FRAMEWORK AND NATURE OF THE RAFFLE

2.1    Each Raffle is a draw-based competition constituting a social lottery conducted in terms of the Lotteries Act, 1997 (Act No. 57 of 1997).

2.2    The Operator is [NPO Name], a registered NPO duly authorised by the NLC to conduct social lotteries in accordance with the Lotteries Act. Luxx Life acts solely as Social Lottery Manager on behalf of the Operator and does not operate the Raffle in its own capacity.

2.3    Each Raffle is a game of chance. Winners are determined exclusively by means of a random Draw and not by any element of skill, knowledge, or judgment on the part of the Entrant.

2.4    These Terms of Play are governed by the laws of the Republic of South Africa. The South African courts shall have exclusive jurisdiction over any disputes arising from or in connection with any Raffle.

2.5    Participation in any Raffle constitutes full and unconditional acceptance of these Terms of Play.

3. ELIGIBILITY TO PARTICIPATE

3.1    To be eligible to participate in a Raffle, an Entrant must:

• be 18 (eighteen) years of age or older at the time of entry;
• be a permanent resident or citizen of the Republic of South Africa;
• have registered a valid account on the Platform in accordance with clause 4; and
• provide valid identification upon request.

3.2    The following persons are not eligible to participate in any Raffle:

• directors, employees, contractors, or agents of Luxx Life or the Operator;
• immediate family members of the persons listed above, including a spouse, parent, child, or sibling and their respective spouses; and
• any person directly involved in the administration, management, or oversight of the Raffle or the Draw.

3.3    Luxx Life, on behalf of the Operator, reserves the right to request documentary proof of age, identity, and residency at any stage of the Raffle process.

3.4    Failure to provide requested verification documents within 14 (fourteen) calendar days may result in disqualification and the selection of the next eligible Entrant in accordance with the Draw process.

4. ACCOUNT REGISTRATION

4.1    Participation in any Raffle requires registration of a valid account on the Platform.

4.2    Entrants may register using:

• a valid email address; or
• an approved third-party social login, where available.

4.3    Each individual may only register and operate one account on the Platform.

4.4    The creation of multiple accounts by a single individual is strictly prohibited and may result in:

• disqualification from any Raffle entered using the additional accounts;
• the voiding of all Raffle Tickets associated with the additional accounts; and
• forfeiture of any prizes or Platform credits associated with those accounts.

5. RAFFLE TICKETS AND ENTRY

5.1    Entry into a Raffle is effected by the purchase of one or more Raffle Tickets via the Platform during the applicable Raffle period.

5.2    Each Raffle Ticket confers one entry into the Draw for the relevant Raffle. No element of skill or knowledge is required to participate.

5.3    The maximum number of Raffle Tickets that may be purchased by a single Entrant per Raffle is 100 (one hundred), unless otherwise specified on the Platform for a particular Raffle.

5.4    Where an Entrant is found to have exceeded the applicable ticket limit, excess Raffle Tickets shall be voided in chronological order of purchase.

5.5    All Raffle Ticket purchases are final and non-refundable, except:

• where required by applicable law; or
• where a Raffle is cancelled by the Operator in accordance with clause 11.

6. RAFFLE PERIOD

6.1    The opening date, closing date, and scheduled Draw date for each Raffle shall be published on the Platform.

6.2    The Operator, acting through Luxx Life as Social Lottery Manager, reserves the right to extend the closing date of a Raffle where reasonably necessary to ensure the fairness or operational integrity of the Raffle, subject to any applicable NLC requirements.

6.3    No Raffle Tickets may be purchased after the published closing date and time for the relevant Raffle.

7. DRAW PROCESS AND WINNER DETERMINATION

7.1    Following the close of each Raffle, the Draw shall be conducted to determine the Winner.

7.2    The Draw shall be conducted using one of the following mechanisms, as specified on the Platform for each Raffle:

• a certified random number generator (RNG) system, which randomly and impartially selects a winning Raffle Ticket number from all valid entries; or
• a physical draw mechanism (such as a drum draw), in which a winning Raffle Ticket is selected at random from all valid entries by an authorised representative of the Operator.

7.3    The Draw shall be overseen and verified to ensure compliance with these Terms of Play and the applicable requirements of the Lotteries Act.

7.4    The Raffle Ticket selected by the Draw shall determine the Winner. Winner determination is based entirely on chance.

7.5    In the event that the winning Raffle Ticket is invalid, or the holder thereof is found to be ineligible in terms of clause 3, a further Draw shall be conducted from the remaining valid entries until a valid, eligible Winner is identified.

7.6       Full records of the Draw process, including the draw methodology and outcome, shall be retained for audit purposes in accordance with applicable law and NLC requirements.

8. WINNER VERIFICATION

8.1    The Winner shall be notified by Luxx Life, on behalf of the Operator, using the contact details registered to the Winner’s Platform account.

8.2    To claim a Prize, the Winner must provide, within 14 (fourteen) calendar days of notification:

• a valid South African identity document or passport; and
• proof of payment method ownership, if requested.

8.3    Failure to complete the verification process within the specified period may result in disqualification and the selection of an alternative Winner by means of a further Draw from the remaining valid entries.

8.4    Once verification is successfully completed, Luxx Life shall, on behalf of the Operator, arrange for Prize delivery or fulfilment in accordance with clause 9.

9. PRIZES

9.1    Each Raffle shall offer one principal Prize, unless otherwise stated on the Platform for that specific Raffle. The Prize is described in full on the relevant Raffle page on the Platform.

9.2    Where the Prize is a motor vehicle:

• the vehicle shall be ordered from an authorised South African dealership in the Winner’s name;
• the vehicle shall be delivered in standard specification as advertised;
• the advertised value is inclusive of VAT; and
• delivery timelines may vary depending on manufacturer or dealer availability and may, in certain circumstances, exceed 12 (twelve) months.

9.3    The Operator’s maximum financial liability in respect of any Prize shall not exceed the advertised recommended retail price of the Prize at the time of the Raffle.

9.4    Prizes are non-transferable and may not be exchanged for cash, unless otherwise stated in these Terms of Play or on the Platform.

9.5    Luxx Life may, at the discretion of the Operator, and where specified on the Platform, contribute toward:

• first-year manufacturer servicing costs (up to R10,000); and/or
• an insurance contribution, the percentage of which shall be specified on the Platform.

9.6       Where a servicing or insurance contribution is offered, reimbursement shall occur 12 (twelve) months after vehicle delivery, upon submission of valid invoices. The Winner must retain ownership of the vehicle for the 12-month period to qualify.

10. RUNNER-UP PRIZES AND PLATFORM CREDITS

10.1  Luxx Life may, on behalf of the Operator, award Platform credits as runner-up prizes where specified for a particular Raffle.

10.2  Platform credits:

• are non-transferable and may not be exchanged for cash;
• may only be used to purchase Raffle Tickets on the Platform; and
• shall expire on the date stated at the time of issuance.

11. CANCELLATION OR EARLY TERMINATION OF A RAFFLE

11.1  In the event that a Raffle is required to be cancelled or terminated prior to the scheduled Draw date due to circumstances beyond the reasonable control of the Operator or Luxx Life, the Operator may, at its election:

• refund all Raffle Ticket purchase amounts to the respective Entrants; or
• offer each Entrant Platform credits equal to the value of the Raffle Tickets purchased by that Entrant, subject to the Entrant’s election.

11.2  The Operator and Luxx Life shall act reasonably and transparently in any such circumstances and shall communicate with Entrants as soon as reasonably practicable.

12. PERSONAL INFORMATION AND POPIA COMPLIANCE

12.1  Luxx Life processes the personal information of Entrants in its capacity as Social Lottery Manager, in accordance with POPIA and the responsible party obligations applicable to its role.

12.2  Personal information is collected and processed for the following purposes:

• administration of the Raffle and the Platform;
• verification of eligibility and Winner identity;
• Prize fulfilment and delivery;
• fraud prevention and security;
• compliance with applicable legal and regulatory obligations; and
• communication with Entrants regarding their entries and Raffle outcomes.

12.3  Entrants have the following rights in respect of their personal information:

• the right to access personal information held about them;
• the right to request correction of inaccurate personal information;
• the right to request deletion of personal information, where legally permissible; and
• the right to object to the processing of personal information.

12.4  Personal information may be shared with the following third parties, to the extent necessary for the purposes set out in clause 12.2:

• the Operator ([NPO Name]);
• payment processing service providers;
• Prize suppliers and delivery partners;
• fraud prevention agencies; and
• legal, regulatory, and governmental authorities, including the NLC.

12.5  Where personal information is transferred outside the Republic of South Africa, Luxx Life shall ensure that adequate safeguards are in place in accordance with POPIA.

12.6     For queries relating to personal information or to exercise any of the rights set out in clause 12.3, Entrants may contact the Information Officer of Luxx Life at: hello@luxxlife.co.za

13. ELECTRONIC SYSTEMS AND PLATFORM

13.1  Luxx Life administers the Platform and associated electronic systems on behalf of the Operator. Luxx Life takes reasonable steps to maintain the availability and integrity of the Platform; however, neither Luxx Life nor the Operator shall be liable for:

• internet outages or connectivity failures beyond their reasonable control;
• system errors or technical failures of third-party infrastructure; or
• delayed or lost electronic transmissions.

13.2  Only Raffle Ticket entries that have been fully processed and recorded in the Platform’s system at the time of the Raffle closing shall constitute valid entries for the relevant Draw.

14. LIMITATION OF LIABILITY

14.1  Nothing in these Terms of Play limits or excludes any rights of Entrants under the Consumer Protection Act, 2008 (Act No. 68 of 2008) or any other applicable legislation that cannot lawfully be excluded.

14.2  Subject to clause 14.1, neither the Operator nor Luxx Life shall be liable for:

• any indirect or consequential loss or damage suffered by an Entrant;
• technical failures or disruptions beyond the reasonable control of the Operator or Luxx Life; or
• delays in Prize delivery caused by third-party suppliers, manufacturers, or dealers.

14.3  Liability is excluded except in cases of gross negligence or wilful misconduct on the part of the Operator or Luxx Life.

15. MARKETING AND PUBLICITY

15.1  Winners may be invited to participate in marketing and publicity activities associated with the Raffle and the Operator’s charitable objectives.

15.2  Participation in any such activities is entirely voluntary and subject to the Winner’s prior written consent.

15.3  A Winner’s refusal to participate in marketing or publicity activities shall not affect that Winner’s entitlement to receive the Prize.

16. FORCE MAJEURE

16.1  Neither the Operator nor Luxx Life shall be liable for any delay or failure to perform any obligation under these Terms of Play where such delay or failure is caused by circumstances beyond their reasonable control, including but not limited to natural disasters, pandemic or epidemic events, civil unrest, strikes or labour disputes, supply chain disruptions, or any action or directive of a governmental or regulatory authority.

16.2  In any such event, the Operator and Luxx Life shall take reasonable steps to mitigate the impact on Entrants and shall communicate relevant updates as soon as practicable.

17. AMENDMENTS TO THESE TERMS OF PLAY

17.1  The Operator, acting through Luxx Life as Social Lottery Manager, reserves the right to amend these Terms of Play where reasonably necessary for operational, legal, or regulatory purposes, including to ensure compliance with the Lotteries Act and any NLC requirements.

17.2  Updated Terms of Play shall be published on the Platform and shall take effect from the date of publication. Continued participation in any Raffle following the publication of updated Terms of Play shall constitute acceptance of the amended terms.

18. OPERATOR AND SOCIAL LOTTERY MANAGER DETAILS

Operator:

• [NPO Name]
• Registration No.: [NPO Reg. No.]
• NLC Authorisation No.: [NLC Authorisation No.]
• Registered Address: [NPO Registered Address]
• Email: [NPO Contact Email]

Social Lottery Manager:

• Luxx Life (Pty) Ltd
• Sandton, Johannesburg, South Africa
• Email: hello@luxxlife.co.za
• Website: www.luxxlife.co.za