“We require these submissions by no later than Tuesday, 25 January 2011, in order for us to include them in our submission to the DTi before the 31 January deadline,” says Chris de Villiers (FCIS), executive director of MA(South Africa).

Extract from Government Gazette

Promotional competitions

14.(1) For purposes of section 36(11) of the Act, a promoter of a promotional competition requiring a consumer to enter the competition by way of a short message service (“SMS”) or multimedia messaging service (“MMS”), or any other application providing communication by way of a mobile telephone or similar device using full duplex two-way radio telecommunications over a cellular network of base stations, may not charge a fee for that service or application exceeding the minimum fee normally payable by the general public on the network or via the service provider chosen by the consumer in respect of an ordinary SMS or MMS,

(2) Any provision in the rules of a promotional competition requiring the prize winner to –
(a) permit the use of his or her image in marketing material; or
(b) participate in any marketing activity, without affording him or her the opportunity to decline an invitation to do so or informing him or her of the right to decline such an invitation, is null and void.

(3) The monetary threshold of prizes for the purpose of excluding competitions with low-value prizes from the definition of “promotional competition” for purposes of section 36(11)(a) is R 1.00 (One Rand).

(4) The promoter must ensure that a chartered accountant, registered auditor, admitted attorney or commissioner of oaths conducts the competition and must be reported on through the promoter’s internal audit reporting procedures

(5) For purposes of section 36(1 t)(b) of the Act and subject to sub-regulation (3), a promoter must, for a period of at least five years, retain –
(a) full details of the promoter, including identity or registration numbers, as the case may be, addresses and contact numbers;
(b) the rules of the promotional competition;
(c) a copy of the offer to participate in a promotional competition contemplated in section 36(5);
(d) the names and identity numbers of the persons responsible for conducting the promotional competition;
(e) a full list of all the prizes offered in the promotional competition;
(f) a representative selection of materials marketing the promotional competition;
(g) a list of all instances when the promotional competition was marketed, including details on the dates, the medium used and places where the
marketing took place;
(h) the names and identity numbers of the persons responsible for conducting the selection of prize winners in the promotional competition;
(i) in the case of a prize exceeding R 1.00 (One Rand) in value, determined by reference to what a consumer would in the ordinary course of business pay to purchase the prize, an acknowledgment of receipt of the prize signed by the prize winner, and his or her identity number, and the date of receipt of the prize;
(j) declarations by the persons contemplated in paragraph (d) made under oath or affirmation that the prize winners were to their best knowledge not employees, agents or consultants of the promoter or marketing service providers in respect of the promotional competition, or the spouses, life partners, business partners or immediate family members;
(k) a copy of the report contemplated in sub-regulation

(6) For purposes of section 36(11}(b) of the Act, a promoter must compile a full report on the conduct and outcome of a promotional competition, detailing as a minimum -<…….

Source: https://www.bizcommunity.com/Article/196/800/229086.html