1. Definitions and Interpretation
• “Business Day” means any day other than a Saturday, Sunday, or public holiday in the Republic of South Africa.
• “Competition” means the promotional competition described in these Rules and conducted on Facebook, Instagram, LinkedIn and TikTok.
• “Competition Period” means the period referred to in clause 3.
• “CPA” means the Consumer Protection Act 68 of 2008, together with its regulations.
• “Entrant” or “Participant” means a natural person who enters or attempts to enter the Competition.
• “Platform” means the Flower Foundry website and associated mobile application, located at https://www.flowerfoundry.co.za/.
• “POPIA” means the Protection of Personal Information Act 4 of 2013.
• “Prize” means the benefit described in clause 11.
• “Promoter” means Flower Foundry (registration number 2025/647766/07), trading as Flower Foundry as further described in clause 2.
• “Qualifying Order” means an order placed and paid for on the Platform that satisfies the requirements of clauses 5, 6, and 10.
• “Rules” means these Promotional Competition Rules, as amended from time to time in accordance with clause 20.
• “Winner” or “Winners” means the Entrant or Entrants selected for Facebook, Instagram, LinkedIn and TikTok in accordance with clauses 12 and 13.
• Headings are for convenience only and do not affect interpretation.
• Words importing one gender include the others, and the singular includes the plural and vice versa.
2. Promoter
• The Competition is organised and conducted by Flower Foundry (registration number 2025/647766/07) (“the Promoter”), of Plass Huise Corner N9 and Doorn River, Herold, George, Western Cape, 6529, in the ordinary course of its business of operating the Platform.
• These Rules govern entry into and participation in the Competition. By entering the Competition, each Entrant agrees to be bound by these Rules in full.
3. Competition Period
• The Competition opens on 15 September 2026 and closes on 30 October 2026 (“the Competition Period”). Entries received outside the Competition Period will not be accepted.
• The Promoter reserves the right to extend, shorten, or otherwise amend the Competition Period in accordance with clause 20, provided that no Entrant who has already submitted a Qualifying Order is unfairly prejudiced by such a change.
4. Who May Participate
1. Entrants must be 18 (eighteen) years of age or older on the date of entry.
2. Entrants must be legal residents of South Africa.
3. Entrants must hold a valid, verified personal account on the Platform.
4. Entrants may be asked, if selected as a Winner, to be identified on the Promoter’s social media platforms in accordance with clause 11.6.
5. Directors, members, partners, employees, agents, or consultants of the Promoter, its holding company, subsidiaries, and associated companies, any advertising or promotional agency involved in the Competition, and the immediate families (spouse, parent, child, or sibling) or life partners of such persons, are not eligible to enter.
6. Suppliers of goods or services in connection with the Competition, including sellers whose own listed products are ordered, are not eligible to enter with orders placed for their own listed products.
7. Entry is open to natural persons only and not to juristic entities, syndicates, or organised groups.
8. The Promoter may, at any time, request proof of identity, age, and residence from any Entrant, and may disqualify an Entrant who fails or refuses to provide this within 7 (seven) days of being requested to do so.
5. How to Enter
• To enter the Competition, during the Competition Period an Entrant must, in the following sequence:
1. register for and verify a personal account on the Platform;
2. place and pay for a Qualifying Purchase in accordance with clause 6;
3. comply with the social‑media requirements set out in clause 7; and
• An Entrant who completes all of the above requirements in respect of a single order obtains one (1) entry into the Competition, subject to clauses 8 and 10.
6. Qualifying Purchase
• A “Qualifying Purchase” is an order for goods listed for sale on the Platform (which may include, but is not limited to, flowers) that is placed and paid for in full by the Entrant during the Competition Period, and that is not subsequently cancelled, refunded, or reversed (see clause 17).
• The price charged to an Entrant for any goods or services ordered as, or as part of, a Qualifying Purchase is identical to the price ordinarily charged to a customer for the same goods or services who is not participating in, or does not have the opportunity to participate in, the Competition. No entry fee, surcharge, higher minimum spend, or other additional amount is charged as a condition of entry, other than the ordinary price of the goods or services purchased.
• This clause is included to record the Promoter’s position, for purposes of section 36(4)(b) of the CPA, that no consideration is required to enter the Competition beyond the ordinary purchase price of goods available to all customers. The Promoter must be able to demonstrate, on request, that pricing has been maintained on this basis throughout the Competition Period (see clause 26).
7. Social-Media Requirements
• The Competition will run on Facebook, Instagram, LinkedIn and TikTok. To qualify for the draw on a particular social‑media platform, an Entrant must, from a public profile capable of verification by the Promoter, like the official Competition post on that platform, share that post, and comment on it using either “#ifoundthefoundry” or “#ispoiltsomeone”. The Entrant must also hold a valid Flower Foundry account and have made a Qualifying Purchase during the Competition Period.
• The Promoter may reject an entry where the required like or share cannot be verified, is later removed by the Entrant before the draw, or is made from a private or restricted profile that the Promoter cannot access to verify.
• By liking and sharing the Competition post, an Entrant grants the Promoter a non‑exclusive, royalty‑free licence to view and record evidence of that engagement (such as screenshots) solely for the purpose of verifying entries. This does not grant the Promoter any broader rights over an Entrant’s personal social media content.
8. Qualifying Entries
• Only the first 4,000 Participants who complete all requirements in clauses 4 to 7 during the Competition Period will qualify for inclusion in the draw. Participants will be ranked according to the date and time on which the Promoter’s records show that all applicable requirements were completed. Each Qualifying Purchase made by a qualifying Participant constitutes one entry, and the Participant will be included in the draw for each social‑media platform on which the applicable social‑media requirements were completed.
• A Participant who falls outside the first 4,000 qualifying Participants, or whose entry does not meet all applicable requirements, will not be included in any draw. The Promoter will have no liability to a Participant whose entry is excluded in accordance with this clause or because it does not comply with these Rules.
• The Promoter will record the date and time on which each Participant completed all applicable entry requirements, each Qualifying Purchase, and the social‑media platform or platforms on which the Participant completed the relevant requirements, for the purpose of identifying the first 4,000 qualifying Participants.
9. Entry Verification
• The Promoter may, before or after the draw, verify any entry against the requirements of these Rules, including by checking account details, order records, payment records, and social media activity.
• The Promoter may request further information or documentation from an Entrant to complete this verification, and may treat an entry as invalid if the Entrant does not respond within 7 (seven) days of such a request, or if verification reveals that the entry does not meet the requirements of these Rules.
10. Number of Entries Per Person
• Each Qualifying Purchase made by an Entrant will constitute a separate Qualifying Entry, provided that the Entrant has complied with all other applicable requirements of these Rules in respect of that purchase.
• Notwithstanding the above, the Promoter may disregard or disqualify any entry that is duplicated, fraudulent, automated, manipulated, or otherwise submitted in breach of these Rules. The use of the same household, delivery address, device, IP address, or payment method for more than one Qualifying Purchase will not, by itself, cause otherwise valid entries to be combined or disqualified.
11. Prize
1. Each Winner will receive a once‑off cashback prize equal to the Rand amount actually paid for the Qualifying Purchase selected in the relevant platform draw, excluding delivery fees, refunded amounts, and vouchers or discounts applied.
2. The Prize carries no further entitlement, guarantee, warranty, or ongoing benefit beyond the once‑off payment described above.
3. The Prize is not transferable to another person, may not be exchanged for a different prize, and may not be redeemed for a different amount or converted into store credit, except at the sole discretion of the Promoter.
4. The Winner consents to being identified by name and/or profile image on the Promoter’s social media platforms (including but not limited to Facebook, Instagram, LinkedIn and TikTok) in a “congratulations” post announcing the Winner. This consent is obtained separately from, and in addition to, the Winner’s acceptance of these Rules generally.
5. A Winner who does not wish to be identified by full profile image may request that only their first name and surname initial be used, by notifying the Promoter within 48 (forty eight) hours of being contacted. The Promoter will accommodate reasonable requests of this nature where operationally possible.
6. In accordance with regulation 11(3) of the CPA Regulations, a Winner will not be required to attend any prize‑giving event or participate in any marketing activity without first being given the opportunity to decline such a request; provided that a Winner may not decline the publicity referred to in clause 11.4, participation in which was a condition of eligibility under clause 4.4.
12. Determination of Winner
• Four (4) Winners will be determined by random draw: one (1) Winner from the valid Qualifying Entries for Facebook, one (1) Winner from the valid Qualifying Entries for Instagram, one (1) Winner from the valid Qualifying Entries for LinkedIn, and one (1) Winner from the valid Qualifying Entries for TikTok.
• No skill or judgement is required or applied in determining the Winners.
13. Draw Procedure
• The four platform draws will take place on 7 November 2026 using a random electronic selection method. Each Winner will be selected from the valid Qualifying Entries associated with the relevant social‑media platform.
• The draw will be overseen and certified by an independent accountant, registered auditor, attorney, or advocate, in accordance with regulation 11(5) of the CPA Regulations.
• If an Entrant initially selected in a platform draw is found ineligible, fails to respond within the notification period referred to in clause 15, or declines the Prize, the Promoter will select an alternative Winner from the remaining valid Qualifying Entries for that platform using the same random process.
14. Verification of Winner
• Before the Prize is paid, the person provisionally selected as Winner must provide such proof of identity, age, residence, and the underlying Qualifying Purchase as the Promoter may reasonably require, together with bank account details in their own name for payment of the Prize.
• The Promoter may decline to confirm a person as Winner, and may select an alternative Winner in accordance with clause 13.3, if this verification is not satisfactorily completed within the period specified in clause 15.
15. Notification of Winner
• The provisionally selected Winners will be notified telephonically, using the contact number registered on their Flower Foundry profile or account, within 10 (ten) Business Days after the draw.
• Each provisionally selected Winner must respond to the notification and provide the verification required under clause 14 within 7 (seven) calendar days of being notified, failing which that Prize may be forfeited and awarded to an alternative Entrant in the relevant platform draw in accordance with clause 13.3.
16. Payment of Cashback
• Subject to satisfactory verification under clause 14, each Winner’s cashback Prize will be credited to that Winner’s Flower Foundry Wallet within 10 (ten) Business Days after verification has been completed.
17. Cancellation, Refund, and Chargeback Provisions
• An order that is cancelled, refunded, reversed, or subject to a successful chargeback, in whole or in part, for any reason, before the draw takes place, does not constitute a Qualifying Purchase and the associated entry will be excluded from the draw.
• Where a Winner’s underlying order is cancelled, refunded, reversed, or subject to a successful chargeback after the draw but before the Prize is paid, the Promoter may withhold or, if already paid, recover the Prize, and may select an alternative Winner in accordance with clause 13.3.
• Where such cancellation, refund, reversal, or chargeback occurs after the Prize has been paid and cannot reasonably be recovered, the Promoter reserves the right to recover the amount from the former Winner as a debt, including by way of set‑off against any amount otherwise owed to that person.
18. Disqualification
• The Promoter may, at its sole discretion, disqualify any Entrant or Winner who:
▫ does not meet the eligibility requirements in clause 4;
▫ submits false, misleading, or fraudulent information;
▫ has an order that is cancelled, disputed, charged back, or refunded, as described in clause 17;
▫ attempts to manipulate, exploit, or interfere with the entry process, the Platform, or the draw;
▫ engages in abusive, defamatory, or unlawful conduct towards the Promoter, its staff, or other Entrants; or
▫ fails to comply with these Rules in any other respect.
19. No Substitution or Transfer of Prize
• The Prize is personal to the Winner and may not be assigned, transferred, ceded, or sold to any other person, whether before or after payment. The Promoter will not entertain any request to pay the Prize to a person other than the verified Winner.
20. General Conditions
1. The Promoter reserves the right, at any time and without liability, to amend, suspend, or terminate the Competition, or these Rules, where circumstances beyond its reasonable control (including technical failure, fraud, or a change in law) make this necessary, provided that any Entrant who has already qualified is not unfairly prejudiced by such a change.
2. The Promoter’s decision on any aspect of the Competition, including verification, disqualification, and selection of the Winner, is final, subject only to an Entrant’s rights under clause 24 and applicable law.
3. These Rules constitute the entire agreement between the Promoter and Entrants regarding the Competition.
4. If any provision of these Rules is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
5. To the maximum extent permitted by law, the Promoter, its directors, employees, and agents are not liable for any loss, damage, injury, or disappointment suffered by an Entrant arising from participation in the Competition or acceptance and use of the Prize, except to the extent caused by the Promoter’s gross negligence or wilful misconduct, or as cannot lawfully be excluded under the CPA.
21. Personal Information and POPIA
• The Promoter will collect and process Entrants’ personal information (including name, contact details, delivery address, and, for the Winner, identity and banking details) solely to administer the Competition, verify entries, and contact and pay the Winner, and, where consented to under clause 11.4, to publicise the Winner.
• Personal information will be processed in accordance with POPIA and the Promoter’s Privacy Policy, available on the Flower Foundry’s website. Entrants may access, correct, or request deletion of their personal information, subject to the Promoter’s obligation to retain records as described in clause 27.
• Personal information collected for the Competition will not be sold to third parties and will be retained only for as long as reasonably necessary for the purposes described above and any applicable statutory retention period.
22. Social Media Platform Disclaimer
• The Competition is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, TikTok, LinkedIn or any other social media platform used in connection with entry or publicity. Entrants acknowledge that any information they provide is provided to the Promoter and not to any such platform, and release each such platform from any claim or liability arising from the Competition.
23. Access to Competition Rules
• A copy of these Rules is available, free of charge, on the Platform’s website, and will be made available to any Entrant, and to the National Consumer Commission, on request, in accordance with section 36(6) of the CPA.
24. Complaints
• Any complaint or dispute regarding the conduct of the Competition may be lodged in writing with the Promoter at info@flowerfoundry.co.za within 30 (thirty) days of the relevant event. The Promoter will investigate and respond within a reasonable time.
• Nothing in these Rules limits an Entrant’s right to refer a complaint to the National Consumer Commission or another applicable regulator.
25. Governing Law
• These Rules are governed by the laws of the Republic of South Africa, and the courts of South Africa have jurisdiction over any dispute arising from the Competition, subject to clause 24.
26. Compliance with the CPA
• The Competition is conducted as a promotional competition in accordance with section 36 of the CPA and its regulations. In particular, and without limiting the rest of these Rules, the Promoter confirms that:
▫ no consideration, as defined in section 36(4) of the CPA, is required to enter the Competition, on the basis recorded in clause 6;
▫ an Entrant’s right to participate vests immediately upon satisfying the requirements of clauses 4 to 8 and being one of the first 1,000 qualifying Participants, and is not subject to any further condition or to payment of any consideration to the Promoter for the Prize;
▫ no Prize will be awarded to a person referred to in clause 4.5 or 4.6, or where it would be unlawful to supply the relevant goods or services to that person; and
▫ these Rules set out the benefit of the Competition, the steps required to enter, the basis on which the Winner will be determined, the closing date, and how and where the Rules and results may be obtained, as required by section 36(5) of the CPA.
27. Record Keeping and Oversight
• In accordance with regulation 11(5) of the CPA Regulations, the draw will be overseen and certified by an independent accountant, registered auditor, attorney, or advocate, as recorded in clause 13.2.
• In accordance with regulation 11(6) of the CPA Regulations, the Promoter will retain, for a period of at least 3 (three) years from the end of the Competition:
▫ a record of all instances when the Competition was marketed, including dates, medium, and places of marketing;
▫ signed acknowledgments of receipt of the Prizes by the Winners (or proof that the Prizes were credited to the Winners where signed acknowledgments are not practicable);
▫ declarations confirming that, to the best of the Promoter’s knowledge, the Winners were not persons referred to in clause 4.5 or 4.6;
▫ the basis on which each Winner was determined; and
▫ a summary of the draw proceedings, including who conducted the draw, and the date and place of the draw.