Introduction

This is version 3.0 of these Terms and Conditions. These Terms and Conditions were implemented on 10 May 2012

You may Access the Sites (defined below) on condition that You accept these Terms and Conditions as they are and without any modifications to them by You. These Terms and Conditions are a binding contract between You and Us so it is very important that You read them carefully and ensure that You understand and accept them.

If You Access the Sites, We will take that to mean You have read and understand these Terms and Conditions and agree to them. If You do not agree with any provision contained in these Terms and Conditions, please do not Access the Sites.

We reserve the right, in our sole discretion, to, and You agree that We may, amend these Terms and Conditions at any time, in any way and from time to time. We will publish the amended Terms and Conditions on This Website and notify You by way of notice on this Website and on any other Sites (where applicable) that the Terms and Conditions have been amended. These amendments shall come into effect immediately and automatically upon the publishing thereof on this Website.

It is your responsibility to review these Terms and Conditions regularly and to ensure that You agree with any amendments to these Terms and Conditions. If You do not agree with any amendments to these Terms and Conditions, You may no longer Access the Sites.

Chapter VII of the the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an "electronic transaction" with Us on the Sites. None of these Terms and Conditions are intended to limit the rights the ECT Act grants You.

Important provisions pertaining to legal liability

These Terms and Conditions contain provisions which limit our exposure to legal liability and even make You responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on You by virtue of your agreement to these Terms and Conditions.

It is therefore important that You familiarise yourself with these provisions before You Access the Sites and that You not Access the Sites if You do not agree to abide by those provisions.

Legal age and capacity

You may not Access the Sites and may not accept these Terms and Conditions if You lack the legal capacity to enter into a binding contract with Us; are a person barred from Accessing the Sites under the laws of the Republic of South Africa or other countries including the country in which You are resident or from which You Access the Sites.

By Accessing the Sites and/or the Content You represent and warrant that You are of full legal age, or are emancipated or have your parent/guardian’s consent to enter into a contract being these Terms and Conditions

We may change aspects of the Sites

We may add new features and modify or even discontinue existing features without notice to You and in our sole discretion. You agree to this.

You are free to stop Accessing the Sites at any time without notifying Us.

Content accessible through the Sites may not be appropriate for all users and while We take steps to monitor and remove objectionable Content, it remains solely your responsibility not to consume inappropriate Content or to prevent underage users from Accessing this Content where it is within your control to do so.

The Sites will contain Content that We, You and other Users create. Some of this Content will be directed to or appear on 3rd Party Websites (which may include the Social Networks). Your use of those 3rd Party Websites is subject to both these Terms and Conditions and the Terms and Conditions applicable to those 3rd Party Websites (which may include the Social Networks’ Terms of Use, and in this regard, the Social Networks’ Terms of Use shall be incorporated herein). You agree that it remains your obligation to familiarise yourself with the 3rd Parties’ Terms and Conditions (including, where appropriate, the providers’ terms) and to comply with both them and these Terms and Conditions. In the event there is a conflict between these Terms and Conditions and a 3rd Party’s terms of use (including, where appropriate, the Social Networks’ Terms of Use), these Terms and Conditions shall prevail for the purposes of your Access to the Sites.

Interpretation

These Terms and Conditions may contain a number of terms and phrases which have a specific meaning in this document.

In these Terms and Conditions, headings are for convenience and shall not be used in its interpretation.

Any reference in these Terms and Conditions to a Party shall, if such Party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be.

Unless We indicate to the contrary in these Terms and Conditions, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

Definitions

The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings:

• "3rd Party Websites" means websites other than the Sites;
• "Access" when used in the context of a website (whether it be the Sites or a 3rd Party website), means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
• Content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such Content;
• "Branded Sites" means YUM branded accounts, pages and websites hosted by or located on the Social Networks;
• "Content" means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which You may have Access to as part of, or through your use of, the Sites;
• "the ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;
• "Facebook" means Facebook Inc. as well as the social network located at http://facebook.com, as the context dictates;
• "Intellectual Property" means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know–how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which We own, license, use and/or hold (whether or not currently) on the Sites;
• "YUM Associates" means YUM’ officers, servants, agents, representatives or contractors or other persons in respect of whose actions YUM may be held to be vicariously liable;
• "know–how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods We use in connection with the Sites, as well as, all available information regarding marketing and promotion of the products and services described in these Terms and Conditions, as well as all and any modifications or improvements to any of them;
• "Post" means to upload, publish, transmit, share or store;
• "Promotional Competition Rules" means the general terms and conditions governing all YUM promotional competition rules and which are located lower down on this page.
• "Social Networks’ Terms of Use" means the terms and conditions governing the Social Networks’ services and/or platforms from time to time;
• "RIC Act" means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002;
• "Social Networks" means online social networks, social media generally and similar communication tools including, but not limited to, blogs, Facebook and Twitter;
• "The Sites" means This Website and the Branded Sites ("Site" is a reference to any one of the Sites, as the context permits or indicates);
• "Terms and Conditions" means these Terms and Conditions of use, as amended from time to time;
• "Trademarks" means those trademarks We own (or which We are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which We own or have the right to use or any derivative service offerings of, and applications for, any of same;
• "Twitter" means Twitter Inc. as well as the social network and messaging platform tools accessible through http://twitter.com;
• "This Website" means YUM’s website located at http://Yum.co.za and/or http://www.Yum.co.za;
• "You" means visitors to the Sites;
• "Us", "We" and "Yum!YUM" means Yum Restaurants International Proprietary Limited YUM, a company with limited liability incorporated in accordance with the company laws of the Republic of South Africa (registration number 1994/003839/07) and the licensee for the KFC Trademark, system and system property in Africa;
• "user/s" means, in the context of Content or the Sites, anyone who accesses the Sites within the meaning of the term "Access" above.

When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;

All annexures, addenda and amendments to these Terms and Conditions form an integral part of these Terms and Conditions and, therefore, our contract with You.

The Sites

We operate the Sites as extensions of our information, education and marketing initiatives. Information about the Sites may be found on the Site concerned.

Registration

You may be required to register on the Sites if You wish to Access the Sites. Registration is achieved using a registration form available on the Sites (where you register with the Social Networks to Access the Branded Sites You grant permission to the Social Networks to pass certain of your personal information to Us to enable You to Access the Sites). Registration with the Social Networks is subject to the Social Networks’ Terms of Use.

When You register on the Sites You may be asked to select a user name and password which You will use to secure your account. Once registered You will be able to log into your account using your user name and your password or your relevant account information with your preferred authentication service.

In order to successfully complete the registration process, You are required to submit information about yourself and your preferences to Us ("Registration Data"). The use of your Registration Data is dealt with in our Privacy Policy below, which, for the avoidance of doubt, forms part of these Terms and Conditions.

You warrant that the Registration Data is accurate, current and complete (this includes Registration Data We may receive from the providers). You will be denied Access to the Sites should You breach this warranty or subsequently be found to have breached this warranty.

We will take steps to verify your Registration Data once You have completed the requisite registration process using a verification email sent to your given email address. You agree to this verification process and irrevocably consent to Us gaining Access to relevant information held by 3rd parties (including, but not limited to the Social Networks) which may be required to reasonably complete the verification process. You acknowledge and agree that Access to the Sites may be limited until such time as the verification process has been successfully completed.

Should You not agree to the verification process as contemplated above or withhold your consent, your Access to the Sites, generally, may be suspended or terminated and You waive any claims You may have against Us, our officers, directors, employees, servants, agents and/or contractors arising out of our denial of Access to You to the Sites.

You agree that the security of your account is solely your own responsibility. You further agree that:

• You are responsible for maintaining and promptly updating the Registration Data and any other information You provide Us with, thereby keeping it accurate, current and complete;
• if You believe that information or Content Posted to the Sites infringes on any person’s rights in any way, You will notify Us immediately;
• if You believe the security of your registration on the Sites has been compromised in any way, You will notify Us (in the case of This Website) or the relevant Provider (in the case of the Branded Sites) immediately;
• You shall be held fully responsible for any misuse or compromise to your account which We are not properly notified about; and
• if any security violations are believed to have occurred in association with your account, We reserve the right to suspend Access to your account pending an investigation and resolution.

Users’ code of conduct

You may not Access the Content or the Sites for or in conjunction with any illegal, unlawful or immoral purposes or for purposes prohibited by these Terms and Conditions.

You may not frame the Sites in any way whatsoever except as permitted by the Sites’ functionality (details may be found on the Sites concerned) or otherwise without our prior written permission. Recognising the global nature of the Internet, You agree to comply with all local laws, rules and regulations regarding your conduct on the Sites as well as the providers’ terms.

You agree to adhere to generally acceptable Internet and email etiquette. In this regard, without being limited to the examples listed below, You agree not to:

• engage in any abuse of email or spamming, including, without being limited to – the Posting or cross–Posting of unsolicited Content with the same or substantially the same message to recipients that did not request to receive such messages; and inviting people who You may be connected to using 3rd Party services (including, but not limited to the Social Networks) to Access the Sites where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining Us and Accessing the Sites or other communications You send them from Us);
• engage in any activity intended to entice, solicit or otherwise recruit website users to join an organisation except where We expressly authorise such activities in writing;
• take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything Posted or transmitted through the Sites;
• use the Sites to Post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
• use the Sites to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of scam such as "pyramid schemes" and "chain letters";
• use the Sites in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others (including, but not limited to, the Intellectual Property);
• use the Sites in any manner which could damage, impair, overburden or disable the Sites or interfere with any other Party's Access to the Sites;
• use the Sites to Post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
• gather email addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent;
• violate the privacy of any person or attempt to gain unauthorised Access to the Sites or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
• otherwise use the Sites to engage in any illegal or unlawful activity.

Should You engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then We shall be entitled, without prejudice to any other rights We may have, to:

• without notice, suspend or terminate your Access to the Sites to the extent your Access to the Sites is within our control;
• hold You liable for any costs We incur as a result of your misconduct; and/or
• notwithstanding our Privacy Policy referred to below, disclose any information relating to You, whether public or personal, to all persons affected by your actions.

Promotional Competitions

We may conduct promotional competitions from time to time on one or more of the Sites. While those promotional competitions will have specific terms and conditions which apply to and govern those promotional competitions, the Promotional Competition Rules will apply to and govern all promotional competitions unless we specify otherwise in writing.

Licenses

Our license to You

We grant You a personal, revocable, worldwide, royalty–free, non–commercial, non–transferrable and non–exclusive licence to Access the Content on the Sites. This licence is for the sole purpose of enabling You to Access the Sites, in the manner permitted by these Terms and Conditions. In the event We revoke this license, You may no longer Access the Sites or the Content on the Sites.

You may not (and You may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the Sites or any part thereof, unless this is expressly permitted or required by law, or unless We have specifically told You that You may do so, in writing.

Unless We have given You specific written permission to do so, You may not transfer, through an assignment of rights, sub–licence or otherwise, your rights to use the Sites or otherwise transfer any part of your rights to use the Sites.

To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) You may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed.

You acknowledge that You do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.

Caching (generally being storage of information/data for later use or Access) of the Sites shall only be permitted if:

• the purpose of caching is to make the onward transmission of the Content from the Sites more efficient;
• the cached Content is not modified in any manner whatsoever;
• the cached Content is updated at least every 12 (twelve) hours; and
• the cached Content is removed or updated when We so require.

Your license to Us

We do not claim any ownership rights in the Content that You Post to the Sites. You retain any rights that You may already have in your Content when You Post your Content to or otherwise Access the Sites, subject to the limited license You grant to Us.

By Posting any Content on or through the Sites, You grant Us an irrevocable, non–exclusive, commercial, fully–paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce, commercialise or otherwise distribute such Content on or through the Sites including without limitation, distributing part or all of the Sites or Content in any media formats and through any media, partners’ or affiliate channels and make use of the Content in our advertising campaigns.

The license You grant to Us means that:

• You are free to license your Content to anyone else in addition to Us;
• We may make commercial use of your Content or otherwise commercialise your Content;
• We are not required to pay You for the use of the Content You Post to the Sites;
• We are able to use our affiliates, sub–contractors and other partners (such as Internet Content delivery networks and wireless carriers) to grant Access to the Sites; and
• the license extends to anywhere in the world because of the global nature of the Internet and the fact that our users can Access the Content from anywhere in the world.

General issues You should be aware of

Because You can only lawfully license Content You have certain rights in, You represent and warrant that:

• You own the Content You Posted on or through the Sites or otherwise have the right to grant the license set forth in this section, and
• Posting your Content on or through the Sites does not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person or entity.

You also agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content You Post on or through the Sites.

Privacy Policy

We shall take reasonable steps to protect your personal information. For the purposes of this clause "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.

What We collect

We may electronically collect, store and use personal information. If You don't consent to the collection and storage of Your personal information, please do not Access or register on the Sites. Before any of Your personal information is used, you will be asked to consent, and such request for consent will be sent to you via email. This personal information includes, but is not limited to, the following:

• name and surname;
• gender;
• the services You may use on the Internet;
• address and contact details including your –
• your email address;
• country of residence;
• area or postal code; and
• birthplace;
• personal preferences;
• non–personal browsing habits and click patterns; and
• IP address.

What We do with your personal information

We collect, store and use the personal information described in order to (but not limited to the following) –

• enable You to create personal profile on the Sites and thereby Access the Sites;
• enable You to make use of the Sites in the manner described on the Sites, from time to time;
• enable other website users to find You on the website and connect to You;
• communicate requested information to You, for example through user alerts;
• communicate information to You regularly, for example through newsletters;
• compile and maintain the website and member database;
• register and/or authenticate users of and/or visitors to the website;
• identify and take reasonable measures to prevent fraudulent uses of or Access to the website;
• compile non–personal statistical information about browsing habits, click patterns and Access to the website;
• attract advertisers by showing anonymised information about the database, for example demographics;
• track database size and growth; and
• track compliance of registrants and third parties with these Terms and Conditions.

YUM only shares personal information with other companies or individuals outside of YUM in the following limited circumstances:

• YUM has your consent. YUM requires opt–in consent to share any of your sensitive personal information.
• YUM may provide such information to its subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on YUM’s behalf. YUM requires that these parties agree to process such information based on its instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
• YUM has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Promotional Competition Rules, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to YUM’s rights, property or safety or of its users or the public as required or permitted by law.

If YUM becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, YUM will ensure the confidentiality of any personal information involved in such transactions and notify you before personal information is transferred and becomes subject to a different privacy policy.

We may collect, maintain, save, compile, share, disclose and sell Your personal information subject to the following:

• We shall not disclose Your personal information unless You consent to this (by agreeing to this Privacy Policy you consent to what personal information we collect from you and what we do with it as described in this Privacy Policy);
• We shall disclose the information without your consent only where We are compelled to do so by law; and
• We may compile, use and share any of the information that does not relate to a specific individual.

Opting out

The personal information is collected either electronically (for example, through the use of cookies) or is provided voluntarily by Users.

We provide you with choice as to whether We send you information about special products and services in the future, and whether information is sent by Our franchisees, agents or 3rd party service providers. You may also change this choice in the future by contacting Us with this request, although it may also be necessary to contact any other organisations which have obtained Your information to indicate Your choice at this stage.

Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes. Most web browsers are set to accept cookies (you can determine how your web browser manages cookies by taking advantage of its cookie management settings). Our site uses cookies to keep track of what You have purchased. We also use cookies to deliver content specific to your interests, to save Your password so you do not have to re–enter it each time you visit This Website, and for other purposes relating to Your transactions on this website. Cookies also help us estimate Our number of users and determine overall traffic patterns through this website. If You do not wish to receive any cookies Your may set your browser to refuse cookies. However, this may mean You will not be able take full advantage of YUM's services.

You may request details of Your personal information which We collect, store and use. The process You should follow is detailed in our Promotion of Access to Information manual, details of which are set out below.

Personal information collected from You may be deleted from the website and member databases when your account on the website is terminated for any reason.

In the event that Your personal information is inaccurately or incompletely reflected on the website, You agree that it is Your responsibility to notify Us of this fact and to supply Us with the accurate or complete information to enable Us to address your concerns.

Software and equipment

It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and Access accounts required to Access the Sites.

LIABILITY

DISCLAIMERS AND LIMITATION OF LIABILITY

YOUR USE OF AND RELIANCE ON THE SITES IS ENTIRELY AT YOUR OWN RISK. THE SITES ARE PROVIDED "AS IS".

ALTHOUGH WE TAKE STEPS TO VERIFY INFORMATION PRESENTED ON OR THROUGH THE SITES, WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION CONTAINED IN, DISPLAYED ON, LINKED TO OR DISTRIBUTED THROUGH THE SITES OR THE CONTENT OTHER USERS MAY PUBLISH TO THE SITES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITES WITHOUT NOTICE TO YOU.

INFORMATION, IDEAS AND OPINIONS EXPRESSED ON OR THROUGH THE SITES SHOULD NOT BE REGARDED AS PROFESSIONAL ADVICE OR OUR OFFICIAL OPINION AND YOU ARE STRONGLY ADVISED TO SEEK PROFESSIONAL ADVICE BEFORE ACTING ON SUCH INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES THAT THE CONTENT PUBLISHED TO THE SITES (OR THE SITES THEMSELVES, FOR THAT MATTER) IS FIT FOR ANY PURPOSE OTHER THAN AS A REFERENCE WORK IN RESPECT OF THE CONTENT PROVIDED ON THE SITES.

WHILST WE TAKE REASONABLE PRECAUTIONS IN OUR OPERATION OF THE SITES, YOU AGREE THAT NEITHER WE OR YUM’S ASSOCIATES SHALL BE LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR DAMAGES HOWEVER ARISING AND WHATEVER THE CAUSE, IN PARTICULAR PURSUANT TO AND IN FURTHERANCE OF THIS AGREEMENT, YOUR ACCESS TO THE SITES OR FROM YOUR INABILITY TO ACCESS THE SITES.

WE WILL USE REASONABLE ENDEAVOURS TO MAKE THE SITES AVAILABLE TO YOU, AND KEEP THE SITES AVAILABLE TO YOU AT ALL TIMES. HOWEVER, YOU AGREE THAT WE SHALL NOT BE LIABLE IN RESPECT OF ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM THE UNAVAILABILITY OF, ANY INTERRUPTION IN OR YOUR ACCESS TO THE SITES (EITHER IN PART OR AS A WHOLE) FOR ANY REASON WHATEVER.

INDEMNITY

YOU HEREBY INDEMNIFY US AND YUM’S ASSOCIATES FROM ANY LOSS, DAMAGE, DAMAGES, LIABILITY, CLAIM OR DEMAND DUE TO OR ARISING OUT OF YOUR USE OF THE SITES OR BREACH BY YOU OF THESE TERMS AND CONDITIONS.

WE ARE NOT RESPONSIBLE FOR FILES AND DATA RESIDING ON YOUR ACCOUNT OR FOR ANY CONTRIBUTIONS YOU MAY HAVE MADE TO THE SITES. YOU AGREE TO TAKE FULL RESPONSIBILITY FOR FILES AND DATA TRANSFERRED AND YOUR CONTENT AS WELL AS TO MAINTAIN ALL APPROPRIATE BACKUP OF FILES AND DATA STORED ON OUR SERVERS.

Rights infringement

If You are of the view that your rights have been infringed through the unlawful use of the Sites by registrants or third parties, You may address a complaint to Us which satisfies the following requirements and/or contains the following information:

• the full names and address of the complainant;
• the written or electronic signature of the complainant;
• identification of the right that has allegedly been infringed;
• identification of the material or activity that is claimed to be the subject of unlawful activity;
• the remedial action required to be taken by the service provider in respect of the complaint;
• telephonic and electronic contact details, if any, of the complainant;
• a statement that the complainant is acting in good faith;
• a statement by the complainant that the information in the take–down notification is to his or her knowledge true and correct.

Please either contact Us on the Sites or address your communications to:

• Channel Manager and/or Content Manager
• Lizanne Bartlett: 010 001 7134
• Email: info@Yum.co.za

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Sites and/or suspension or termination of the offending registrant or third Party.

DEALINGS WITH 3RD PARTIES

LINKS TO AND FROM THE SITES FROM AND TO OTHER WEBSITES BELONGING TO OR OPERATED BY 3RD PARTIES ("LINKED WEBSITES") DO NOT CONSTITUTE OUR ENDORSEMENT OF SUCH LINKED WEBSITES OR THEIR CONTENTS NOR DO WE NECESSARILY ASSOCIATE OURSELVES WITH THEIR OWNERS OR OPERATORS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND FAMILIARISING YOURSELF WITH ANY TERMS AND CONDITIONS WHICH WILL GOVERN YOUR RELATIONSHIP WITH SUCH THIRD PARTY.

WE HAVE NO CONTROL OVER LINKED WEBSITES AND YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED WEBSITES OR FOR ANY DAMAGE, DAMAGES OR ANY OTHER LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED WEBSITES. YOU AGREE THAT WHERE YOU ACCESS LINKED WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

YOUR INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS WITH 3RD PARTIES WHICH ARE REFERRED TO OR LINKED FROM OR TO THE SITES IS SIMILARLY ENTIRELY AT YOUR OWN RISK AND ARE SOLELY BETWEEN YOU AND SUCH 3RD PARTY INCLUDING THE ACQUISITION, DISPOSAL, PAYMENT AND DELIVERY OF ANY GOODS OR SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS.

Arbitration

If any dispute arises between Us regarding any provision of these Terms and Conditions, or its application or termination, then We agree that We will attempt to resolve our dispute informally by means of joint co–operation or discussion between the parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as We may agree to with You.

In the event that We are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Johannesburg.

To the maximum extent permissible by applicable law:

• this clause shall constitute your irrevocable consent to the arbitration proceedings, and You shall not be entitled to withdraw your consent or to claim that You are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process;
• Any award that may be made by the arbitrator:–
  • shall be final and binding;
  • will be carried into effect; and
  • may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either Party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause.

This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.

Governing law and jurisdiction

The Sites are controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Sites and these Terms and Conditions.

You consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect of disputes which may arise out of your Access to the Sites and these Terms and Conditions.

To the maximum extent permitted by applicable law, You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court (in the event that we exercise proceedings in such Court) even though the value of a claim which We may have against You may exceed the ordinary monetary jurisdiction of the Magistrates Court.

Legal service of documents and notices

We choose the addresses below for all communication purposes under these Terms and Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature.

We may monitor your communications

Subject to the provisions of the RIC Act, You agree to permit Us to intercept, block, filter, read, delete, disclose and use all communications You send or Post to or using the Sites and/or to our staff and/or employees.

You agree and acknowledge that the consent You provide above satisfies the "writing" requirement specified in the ECT Act and in the RIC Act.

Severability

Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.

Termination

If You breach any of these Terms and Conditions, We may immediately, automatically and without notice to You, terminate your Access to the Sites, and/or prohibit your future Access to the Sites, and/or take appropriate legal action against You (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to You of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.

Disclosures required by the ECT Act

Access to the Content on or through This Website and This Website itself are classified as "electronic transactions" in terms of the ECT Act and therefore You have the rights detailed in Chapter VII of the ECT Act and We have the duty to the disclose the following information:

Our full name and legal status: Yum Restaurants International (Proprietary) Ltd, Registration Number 1994/003839/07

Street address: Block A, 3021 William Nicol Drive, Bryanston, 2091, Johannesburg, South Africa

Postal address: P O Box 71105, Bryanston, 2091, Johannesburg, South Africa

Physical address for receipt of legal service: 3021 William Nicol Dr, Bryanston, 2091, Johannesburg, South Africa

Main business: Quick service restaurants

Website address: www.Yum.co.za

Official email address:

Membership of self–regulatory or accreditation bodies: Consumer Goods Council

Advertising Standards Authority

Codes of conduct to which We subscribe: Consumer Goods Council

Advertising Standards Authority

Governing Terms and Conditions: These Terms and Conditions.

Manual in terms of the Promotion of Access to Information Act 2 of 2000: May be requested from official email address.

Management:

Directors: Doug Smart. Gavin Felder and Tanya van Schalkwyk

Costs associated with the Access to and use of This Website: There are no costs associated with Access to This Website

Dispute resolution: Both as provided for in codes of conduct which we subscribe to as well as above

Cooling off period: Not applicable.

Complaints process: See clause above.

General terms

You agree that:

• You are bound by these Terms and Conditions;
• this agreement shall be deemed to have been concluded in Johannesburg at the time You Access the Sites for the first time;
• data messages addressed by You to Us shall be deemed to have been –
  • received if and when responded to;
  • sent by You within the geographical boundaries of the Republic of South Africa;
• You shall be deemed to have been received data messages We address to You as detailed in section 23(b) of the ECT Act;
• electronic signatures, encryption and/or authentication are not required for valid electronic communications between You and Us;
• as well as warrant that data messages that You send to Us from a computer, IP address or mobile device normally used by You, was sent and/or authorised by You personally.

These Terms and Conditions constitute the whole agreement between You and Us relating to your Access to and use of the Sites.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which We may show, grant or allow You shall operate as an estoppel against Us in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by Us of any of our rights and We shall not thereby be prejudiced or stopped from exercising any of its rights against You which may have arisen in the past or which might arise in the future.

Nothing in this agreement shall create any relationship of agency, partnership or joint venture between You and YUM and You shall not hold itself out as the agent or partner of YUM or as being in a joint venture with YUM.

Application of these Social Terms

These Social Terms apply to all Communications which originate from or reference YUM or the YUM Subsidiaries.

Your Communications access, use and/or consumption is subject to these Social Terms. If you do not agree to be bound by these Social Terms you should not access, use and/or consume the Communications or any other form of communication these Social Terms govern.

Interpretation

Below are a number of terms and phrases which are used in these Social Terms and which have specific meanings for the purposes of these Social Terms:

• "Communications" means messages, notices, documents and/or other materials which are published to or disseminated through the Social Networks;
• "Contractors" means any legal or natural person who is contracted to render services or provide products to YUM and who is not an Employee ("Contractor" has a corresponding meaning);
• "Employees" means YUM’s Employees ("Employee" has a corresponding meaning);
• "YumYUM" means and/or is a reference to Yum Restaurants International Proprietary Limited YUM, a company with limited liability incorporated in accordance with the company laws of the Republic of South Africa (registration number 1994/003839/07) and the licensee for the KFC trademark, system and system property in Africa;
• "YUM Subsidiaries" means YUM’s subsidiary companies and/or trading divisions and/or operating divisions and/or franchisees from time to time;
• "Social Networks" means online social networks, social media generally and similar communication tools including, but not limited to, blogs, Facebook and Twitter;
• "Social Terms" means the terms and conditions set out in this document.
• "this Website" means YUM's website located at http://Yum.co.za and/or http://www.Yum.co.za;

Communications purpose

The Communications are intended to provide general information regarding YUM, its products and services, and other financial information which may be of interest to you. It is not intended to provide exhaustive treatment of any subject dealt with.

The information presented in or through the Communications including all research, opinions or other content is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. YUM does not act or purport to act in any way as a financial advisor or in a fiduciary capacity. Prior to making any decision or taking any action which might affect your personal finances or business you should take appropriate advice from a suitably qualified professional or financial adviser.

Communications may include technical, typographical or other inaccuracies and you are urged to contact YUM to confirm all information contained in the Communications before placing any reliance on it. Changes are periodically made to the information presented through the Communications and these changes may be incorporated in new Communications. YUM reserves the right to alter or amend any criteria or information set out in the Communications without notice. [. If the Communications contain statements or information which relate to projections, plans or objectives or future economic performance you should be aware that these projections are only predictions and that actual events or results may differ materially. Representations and opinions are provided for information purposes only.

Confidentiality

The Communications may contain information which is confidential, private or privileged in nature. If you are not the intended recipient of this information (or the intended recipient’s authorised representative) you must–

• notify YUM of this fact immediately by e–mail, fax or telephone and delete the Communication from your system, where appropriate;
• refrain from storing, printing, copying, forwarding, extracting or disclosing any information contained in the Communication or any part thereof; and
• refrain from reading, storing, using, selling or incorporating any information contained in the Communication into any database or mailing list for whatever reason, including for, but not limited to, purposes of spamming or marketing.

FAILURE TO DO SO MAY AMOUNT TO THE UNLAWFUL INTERCEPTION OF THE COMMUNICATION; BREACH OF PRIVILEGE AND/OR CONFIDENTIALITY; THE INFRINGEMENT OF COPYRIGHT AND/OR THE INFRINGEMENT OF THE RIGHT TO PRIVACY, THUS POTENTIALLY EXPOSING YOU TO BOTH CRIMINAL AND CIVIL LIABILITY.

LIABILITY LIMITATION

NEITHER YUM, THE COMMUNICATION’S ORIGINATOR, OR ANY OTHER YUM REPRESENTATIVE SHALL BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE OF WHATEVER NATURE (INCLUDING WITHOUT LIMITATION THAT CAUSED BY THE CORRUPTION OR LOSS OF DATA, DAMAGE TO SOFTWARE PROGRAMS AND INTERRUPTION OF BUSINESS OPERATIONS) RESULTING DIRECTLY OR INDIRECTLY FROM THE TRANSMISSION OF THE COMMUNICATION (INCLUDING WITHOUT LIMITATION ANY MALICIOUS SOFTWARE CODE OR VIRUSES TRANSMITTED TOGETHER WITH OR OBTAINED THROUGH THE COMMUNICATION, OR ANY CORRUPTION TO OR LOSS OF DATA CAUSED OR FACILITATED BY THE COMMUNICATION).

THE VIEWS AND OPINIONS EXPRESSED IN THE COMMUNICATION DO NOT NECESSARILY REFLECT YUM’S VIEWS AND OPINIONS. IN PARTICULAR, NO EMPLOYEE OR CONTRACTOR IS PERMITTED TO SEND (AND YOU AGREE THAT YUM SHALL NOT BE LIABLE OR RESPONSIBLE FOR)–

• UNSOLICITED COMMERCIAL MESSAGES WHERE RECIPIENTS OF UNSOLICITED EMAIL HAVE NOT SPECIFICALLY OPTED TO RECEIVE OR, HAVING DONE SO, HAVE INDICATED THEIR UNWILLINGNESS TO RECEIVE FURTHER UNSOLICITED EMAIL ("SPAM");
• MESSAGES THAT INFRINGE ANY THIRD PARTY'S COPYRIGHT, TRADEMARKS OR OTHER RIGHTS AND INTERESTS ("INFRINGING CONTENT") AND
• MESSAGES CONTAINING CONTENT THAT IS OFFENSIVE, DEROGATORY, RACIST, DEFAMATORY OR OTHERWISE UNLAWFUL ("OFFENSIVE CONTENT").

IF THE COMMUNICATION CONSTITUTES SPAM, CONTAINS INFRINGING CONTENT OR OFFENSIVE CONTENT, OR WAS OTHERWISE SENT FOR PURPOSES UNRELATED TO THE OFFICIAL BUSINESS OF YUM, YUM SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE OF WHATEVER NATURE, HOWSOEVER ARISING RESULTING YOUR RECEIPT, USE AND/OR CONSUMPTION OF THIS E–MAIL.

Interception and monitoring

You consent to YUM monitoring, accessing, blocking, deleting, copying or otherwise intercept Communications originating from YUM and/or its Employees and Contractors as well as any Communications sent in reply to the originating Communication, where appropriate.

No contract

You agree that you may not rely on the Communication, either wholly or in part, as constituting a contract between you and YUM (or otherwise has any contractual significance whatsoever) unless YUM expressly states, in writing, that the Communication is intended for such purposes.

Amendments

YUM reserves its right to amend or wholly replace these Social Terms. You agree that you remain solely responsible for reviewing these Social Terms, as amended from time to time, and satisfying yourself that you remain in agreement with these Social Terms. Amendments to the Social Terms will be placed on this Website and a notice will be placed on this Website alerting the consumer to the amendments. If you do not agree to be any amendment or replacement of the Social Terms you should not continue to access, use and/or consume the Communications or any other form of communication these Social Terms govern.

YUM’s contact details

In the event you wish to contact YUM for any reason arising out of the Communications or these Social Terms, you may contact YUM and, where appropriate, refer a query, complaint and/or comment to YUM’s legal department using the following contact details:

• Email YUM at info@Yum.co.za
• Call the YUM customer help desk on +27 11 123 4567, between 7:00am and 18:00pm Monday to Friday

These Promotional Competition rules ("Promotional Competition Rules") govern your participation in the promotional competitions from time to time (the/that "Competition") of Yum Restaurants International Proprietary Limited ("Yum", "we" or "us"). Please read these Promotional Competition Rules carefully and make sure you understand them before you enter the Competition or participate further in the Competition. Please do not enter or participate further in the Competition if you do not agree to these Promotional Competition Rules. If you do enter the Competition or participate further in the Competition, doing so will be confirmation that you agree to these Promotional Competition Rules and agree to be bound by them.

These Promotional Competition Rules are to be read with our Sites Terms and Conditions which can you find at http://Yum.co.za/legal. Certain defined terms in the Sites Terms and Conditions are used in these Promotional Competition Rules. Yum reserves the right, in its sole discretion, to, and You agree that Yum may, amend these Promotional Competition Rules at any time, in any way and from time to time. We will publish the amended Terms and Conditions on the Website and on the Sites (where applicable) and notify You by way of notice on the Website and on the Sites (where applicable) that these Promotional Competition Rules have been amended. These amendments shall come into effect immediately and automatically upon the publishing thereof on This Website or the Sites (where applicable).

Yum may publish specific rules in respect of individual Competitions run from time to time ("Specific Competition Rules"). When a specific Competition is being run, the Specific Competition Rules shall be published on the Website, the Sites (where applicable) or any other place where the specific Competition may be Accessed. The Specific Competition Rules will relate to the specific competition being run and shall provide the terms specific thereto, but shall be read together with these Promotional Competition Rules. In the event of a conflict between these Promotional Competition Rules and the Specific Competition Rules, the Specific Competition Rules will take preference to the extent of any conflict.

We use the terms "Participants" and "you" interchangeably in these Promotional Competition Rules. These terms and variations such as "Participant" and "your" are references to entrants into and participants of the Competition from time to time as well as any person who intends becoming an entrant into or participant of the Competition.

The Competition’s promoter

The Competition’s promoter is Yum Restaurants International Proprietary Limited, a company with limited liability incorporated in accordance with the company laws of the Republic of South Africa (registration number 1994/003839/07). Yum’s details are as follows:

Full name and legal status: Yum Restaurants International Proprietary Limited, Registration Number 1994/003839/07

Telephone number:

E–mail address:

Physical address: Block A, 3021 William Nicol Drive, Bryanston, 2091, Johannesburg, South Africa

Postal address: P O Box 71105, Bryanston, 2091, Johannesburg, South Africa

Physical address for receipt of legal service: Block A, 3021 William Nicol Drive, Bryanston, 2091, Johannesburg, South Africa

Website address: http://Yum.co.za

The Competition and the Prize

Prize winner/s will be announced by email and on the Competition–specific page on the Social Network which the Competition is conducted or in the manner specified in the Specific Competition Rules on, by the time and on the date described in the Specific Competition Rules (where applicable).

The prize winner/s will be selected from the Competition’s participants by Yum or Yum’s agents based on the Competition’s requirements and in Yum’s sole discretion, in accordance with the Specific Competition Rules. Yum’s decision regarding prize winners will be final and binding on all participants. You irrevocably agree to this.

Competition and prize changes, suspension or cancellation

No prizes may be exchanged for their value in money terms or otherwise for any goods or services, except where such prizes may be substituted in accordance with these Promotional Competition Rules or the Specific Competition Rules (where applicable).

You agree that Yum may suspend, otherwise modify or cancel the Competition at any time should the Competition’s continuation be untenable for reasons outside Yum’s control. Yum will take reasonable steps to notify Competition participants should such steps become necessary, which notification shall be on the Website.. In the event of any disruption to the Competition, Yum shall use its reasonable endeavours to remedy the disruption and resume the Competition on a fair and equitable basis to the participants.

Eligibility to enter and participation in the Competition

Participants in the Competition must meet the Competition’s specific eligibility requirements as may be provided in the Specific Competition Rules and Yum reserves the right to request proof that Participants have met these eligibility requirements.

No entries received after the Competition closes will be considered and any entries received after this date will be rejected automatically.

Disqualification from the Competition

Participants who, in Yum’s sole determination, act unlawfully, fraudulently, in breach of the Promotional Competition Rules or the Specific Competition Rules or otherwise dishonestly shall be disqualified from participating in the Competition and shall not be eligible to win the Competition prizes.

Yum may select a replacement prize winner/s from the Competition entries at its sole discretion if the original prize winner is found to be in breach of any of these Promotional Competition Rules or the Specific Competition Rules. In such circumstances, the replacement winner/s shall take the place of the disqualified winner/s and shall be informed as soon as is reasonably practicable.

Persons prohibited from entering the Competition

The following persons are prohibited from entering the Competition:

• Yum, its directors, members, partners, employees, agents, consultants, any other person who directly or indirectly controls or is controlled by them or any supplier of goods and services in connection with the Competition and their spouses, life partners, parents, children, siblings, business partners or associates are not eligible to participate in or enter this Competition.

Any prizes which these persons may win by participating in the Competition will be forfeited and awarded to the next suitable participant.

Means of participating in the Competition

In order to participate in the Competition, you are required to have access to a computer with a Web browser capable of accessing the Competition on the Site/s hosting the Competition.[client to confirm that participation in all Promotional Competitions from time to time will be on this basis] You are solely responsible for obtaining, gaining access to and/or maintaining whatever equipment and facilities you may require in order to enter and participate in the Competition at your cost.

Privacy Policy

By entering and participating in the Competition, you agree that we may collect and process your personal information for specific purposes outlined in this Privacy Policy ("Privacy Policy"). This Privacy Policy forms part of these Promotional Competition Rules and your agreement to this Privacy Policy is a condition for your entry into the Competition.

Yum may collect the following types of information from you:

Information you provide: When you enter the competition you will be asked to grant Yum and/or Yum’s agents access to your personal information which may include the following:

• Full name;
• Email address;
• Phone number; and/or
• Access to your profile information should participation in the Competition take place on one or more SocialNetwork.

Yum may require you to permit the use of your image in marketing material; participate in related marketing activities and/or be present when the prize draw or when the winners are announced, subject to the your right to decline participating in any such marketing activities. Should you so decline, we ask that you inform us in writing. Such declination by you in respect of any such marketing activities relating to the individual Competition shall further be dealt with accordance with any additional provisions contained the Specific Competition Rules pertaining to an individual Competition.

Yum will use this information to grant you access to the Competition, determine your participation in the Competition and communicate with you regarding various aspects of the Competition, as may more specifically described in the Specific Competition Rules (where applicable).

User communications: When you send email or other communications to Yum, Yum may retain those communications in order to process your inquiries and respond to your requests and You hereby agree to such retention and/or processing. Yum may use your email address to communicate with you about Yum’s products and/or services, unless you specifically request Yum in writing not to provide you with such communication.

Facebook Privacy Policy: Where the Competition is run on one or more of the Sites, you are also bound by the applicable privacy policy. It is your responsibility to familiarize yourself with these privacy policies and to comply with them.

If there is any conflict between this Privacy Policy and the privacy policy contained on one or more of the Sites, the Privacy Policy contained herein will prevail to the extent of the conflict.

Information sharing

Yum only shares personal information with other companies or individuals outside of Yum in the following limited circumstances:

• Yum has your consent. We require opt–in consent to share any of your sensitive personal information.
• Yum provides such information to its subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on Yum’s behalf. Yum requires that these parties agree to process such information based on its instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
• Yum has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Promotional Competition Rules, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to Yum’s rights, property or safety or of its users or the public as required or permitted by law

If Yum becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, Yum will ensure the confidentiality of any personal information involved in such transactions and notify you before personal information is transferred and becomes subject to a different privacy policy.

Accessing your personal information

You may request details of your personal information which we collect, store and use by contacting Yum using the contact details specified in Yum’s privacy policy on its Website. If You do not consent to the collection and storage of Your personal information, please do not participate or continue to participate in the Competition.

LIABILITY

DISCLAIMERS AND LIMITATION OF LIABILITY

YOU AGREE THAT YUM IS UNABLE TO, AND IS NOT REQUIRED TO, GUARANTEE A PARTICULAR RESULT OR SET OF RESULTS FROM EITHER YOUR PARTICIPATION IN THE COMPETITION OR POSSIBLE WINNINGS.

YOU AGREE FURTHER THAT NEITHER YUM, ITS OFFICERS, SERVANTS, AGENTS, REPRESENTATIVES OR CONTRACTORS OR OTHER PERSONS IN RESPECT OF WHOSE ACTIONS YUM MAY BE HELD TO BE VICARIOUSLY LIABLE, SHALL BE LIABLE IN RESPECT OF ANY LOSS, DAMAGE, DAMAGES LIABILITY, CLAIM, EXPENSES, COSTS ORDERS OR DEMANDS HOWEVER ARISING AND WHATEVER THE CAUSE, PARTICULARLY AS A RESULT FROM YOUR ENTRANCE INTO OR PARTICIPATION IN THE COMPETITION.

NEITHER YUM, ITS OFFICERS, SERVANTS, AGENTS, REPRESENTATIVES OR CONTRACTORS OR OTHER PERSONS IN RESPECT OF WHOSE ACTIONS YUM MAY BE HELD TO BE VICARIOUSLY LIABLE, SHALL BE LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR DAMAGES HOWEVER ARISING AND WHATEVER THE CAUSE, AS A RESULT OF, OR ARISING FROM YOUR ACCESS TO THE SITES OR FROM YOUR INABILITY TO ACCESS THE SITES IN CONNECTION WITH THE COMPETITION.

INDEMNITY

YOU INDEMNIFY YUM AND YUM’S OFFICERS, SERVANTS, AGENTS, REPRESENTATIVES OR CONTRACTORS OR OTHER PERSONS IN RESPECT OF WHOSE ACTIONS YUM MAY BE HELD TO BE VICARIOUSLY LIABLE FROM ANY LOSS, DAMAGE, DAMAGES, LIABILITY, CLAIM, EXPENSES, COSTS ORDERS OR DEMAND DEMANDS HOWEVER ARISING AND WHATEVER THE CAUSE WHICH MAY ARISE AS A RESULT OF YOUR PARTICIPATION IN THE COMPETITION AND, WHERE APPLICABLE, SUBSEQUENT PRIZE AWARD AND DELIVERY.

("this Competition")

By entering this Competition and/or accepting any prize, all participants, entrants and winners agree to be bound by the terms and conditions below applicable to this Competition ("these "Rules") and also agree to be bound by the Promotional Competition Rules ("General Promotional Competition Rules") applicable to promotional competitions run by Yum Restaurants International Proprietary Limited ("Yum", "we" or "us") and/or its Agencies (collectively, the "Organisers") from time to time, which General Promotional Competition Rules shall be read together with these Rules.

A copy of these Rules and the General Promotional Competition Rules can be located at http://kfc.co.za/legal ("the Website") or at 3021 William Nicol Drive, Bryanston and in respect of these Rules, on the Sites (where applicable). Capitalised terms in these Rules (unless otherwise defined) shall bear the meanings given to them in the General Promotional Competition Rules.

You may not participate in this Competition if you do not agree to be bound by the Rules and the General Promotional Competition Rules and if you do enter this Competition or participate further in this Competition, doing so will be confirmation that you agree to these Rules and the General Promotional Competition Rules.

As mentioned above, these Rules and the General Promotional Competition Rules are intended to be read together as regards your participation in this Competition. However, in the event of a conflict between these Rules and the General Promotional Competition Rules, these Rules will take precedence to the extent of any conflict.

The Organisers may in their sole discretion amend these Rules at any time, without notice, and such amendment(s) shall be deemed to have taken effect from the date of publication of the revised on the Website or the Sites from which the Game, as defined below, may be accessed in accordance with these Rules (as the case may be). The General Promotional Competition Rules may be amended from time to time in accordance with the terms relating to any amendment/s contained therein.

Competition Period

This Competition will begin on 1 May 2012 and will close at 23:59 (South African Standard Time) on 23 June 2012 ("Competition Period"). During the Competition Period, the competition will be open for access:

• via flash banners on different Sites from 1 May 2012 to 11 June 2012; and
• from the URL address www.towerraiders.co.za ("Towerraiders Site") from 1 May 2012 to 23 June 2012.

Eligible entrants

In order to be eligible for participation in this Competition, entrants must:

• be South African citizens resident in South Africa and/or legal residents of South Africa; and
• be 14 years of age or older, provided that they appreciate and understand the nature of entering this Competition and the subject matter contained in these Rules, and where the entrant is between the ages of 14 and 18 years, such parent or guardian must have consented to and/or shall assist the entrant where applicable; and
• have a valid Facebook account or valid email address at the time of entry,

and each entrant represents and warrants that in entering in or participating in this Competition, he/she has full eligibility to do so. Yum reserves the right to request proof that entrants have met these eligibility requirements.

The Purchase of KFC products are not a condition of entry into this Competition and provided that an entrant is eligible and agrees to these Rules and the General Promotional Competition Rules, the entrant may participate.

How To Participate

Entry into the Game

• Participation in this Competition will commence through playing a Flash Game called "KFC Tower Raiders" ("the Game"), in accordance with the provisions explained below.
• The Game may be accessed via flash banners on different Sites or the Towerraiders Site at the following URL address: www.towerraiders.co.za.
• Entry into the Game may occur in either of two ways, once the Game is accessed:
  • Where the entrant ("the User") has a Facebook account, the Game connects with the User’s Facebook account. When logging onto Facebook, in order to gain access to the Game, the User must allow the Game access to his Facebook information by accepting and completing the relevant prompt requests. After logging onto Facebook, the User will be prompted to enter his/her email address so that the Organizers will have his/her details and he/she may be contacted should he/she win any prizes contemplated by this Competition.
  • Where a User does not have a Facebook account, the User may still play the game by electing the "I don’t have a Facebook account" button or prompt when he/she accesses the Game via the flash banners on an available Site or the Towerraiders Site. The User will be required to enter a unique User name and a valid email address. Each time the User will be prompted to enter his/her name and valid email address for submission. Where the email address has been entered before, the score on the scoreboard setting out the details of Users’ scores ("Scoreboard") will be updated with the name that was used the first time the Game was accessed and played. If the email address does not exist in the database, the User will receive a trigger email with a link and clicking the link will confirm the email address of the User and provide the User access to the Game.
• The Game requires the User to stop his/her friends from "eating" his/her KFC Tower Raiders Core burger ("Tower Turret") in order for the User to score points and become eligible for winning prizes contemplated in these Rules.

How to play the Game

• The basic premise of the Game requires the User to stop his/her friends from "eating" the Tower Turret that will appear on the Game screen.
• Where the User has accessed the Game via his/her Facebook account, the profile pictures of the User’s Facebook friends will tumble onto the screen from different sides towards the Tower Turret which the User uses to defend himself/herself. For Users who are not playing the Game via Facebook the Game will use generic icons for friends’ pictures, however, there will be no sharing via Facebook or any other Social Network Sites or social media platforms.
• The User must defend the Tower Turret by shooting his/her friends attacking his/her Tower Turret. The User will be able to do so by using the "scroll" keys to move his/her Tower Turret around to avoid getting "bitten" or "eaten" and the "spacebar" key to shoot his/her friend. For the avoidance of doubt, Standard Keyboard Settings in playing the Game must be used, with no modifications, adaptations or manipulations thereto.
• Every time the User shoots a friend who is attacking his/her Tower Turret, the friend tumbles off the Game page and the User scores 10 points. When a friend attacks the Tower Turret, he/she takes a "bite" of the Tower Turret making it vulnerable.
• Once the User has had three "bites" taken from the Tower Turret, the Game will be over, as prompted by the "Game Over" screen.
• A timer keeps track of how long the User was able to play the Game before the Game is over.
• The User will be required to enter his/her email address in order for his/her highest scores in respect of the Game to be entered onto the Scoreboard. The purpose of such details also includes that they will enable the Organisers to send the User the relevant forms required for completion should they win prizes in accordance with the terms contained in these Rules.

Scoring

Scores on the Scoreboards are kept track of and consolidated on a daily, weekly and overall basis to create Daily, Weekly and Overall Leaderboards (each a "Leaderboard"). The description of the Users on the relevant Leaderboard will be their user names on Facebook (where they have entered the Game via Facebook) or the user names submitted (which is linked to the email address they have provided where they do not enter the Game via a log in through their Facebook accounts).

The daily Leaderboard will run from 00:00 until 23:59 daily and every day at 00:00 it will be cleared to make provision for the new details in respect of the next day to be consolidated and generated.

The weekly Leaderboard will run from Sunday 00:00 until Saturday23:59 in respect of the following weeks: (week of 5th May, 12th May, 19th May, 26th May; 2nd June, 9th June and 16th June), and every Sunday at 00:00 it will be cleared to make provision for the new details in respect of the next week to be consolidated and generated.

The overall Leaderboard will run from 1 May 2012 until 23 June 2012.

Nature of Prize and Prize allocation

Prizes for winners participating in the Game will be allocated according to the highest scores on the Scorecards. Prizes will be awarded daily and weekly, and there is also an overall prize for the winner with the overall highest score.

Users may win the daily and weekly prizes only once. Therefore, if a User has won a daily or weekly prize, the User will not be eligible to win another daily or weekly prize, as the case may be. Please see the rules below as to how winners are allocated.

The Prizes will be allocated as follows:

• Daily winners on the Scoreboard: For each day of the Competition Period, the highest daily scorer on the Daily Scoreboard will win a prize of R500;
• Weekly winners on the Scoreboard: For each week of the Competition Period (namely on 5th May, 12th May, 19th May, 26th May; 2nd June, 9th June and 16th June), the highest weekly scorer on the Weekly Scoreboard will win a prize of R5000;
• The overall winner will win a prize of R25 000.

Winners

The daily and weekly winners will be reflected at the top of Daily and Weekly Leaderboards each day or each week, as the case may be (please see the rules above regarding Scoring as to when the Daily and Weekly Leaderboards are updated).

Because Users can win prizes only once:

• if a User has placed at the top of the Daily Leaderboard and obtains the top daily score again (i.e. top scores), he/she will not appear at the top of the Daily Leaderboard but will be placed into the Weekly Leaderboard;
• If a User has placed at the top of the Weekly Leaderboard and obtains the top weekly score again (i.e. top scores), he/she will not appear at the top of the Weekly Leaderboard but will be placed into the Overall Leaderboard.

When a User wins a daily or weekly prize, the User will be notified that he/she will not be eligible to win a daily or weekly prize again, as the case may be, irrespective of whether he/she obtains the top score again in respect of another day or week. However, in this regard, where a winner wins a daily prize, he/she will still be eligible to win a weekly prize if he/she top scores in respect of the Weekly Leaderboard in a particular week and if a winner wins a weekly prize, he/she will still be eligible to win the overall prize if he obtains the top score overall in respect of the Overall Leaderboard.

The winners will be notified via email to the email addresses they have submitted, within 24 hours of them being allocated as winners. Once a winner is notified, he/she will be required to complete a form with his/her relevant details (including banking details) so that the Organisers can allocate the relevant prize/s won.

The winner is required to provide this information within 14 days of the notification from the Organisers. If the winner does not do so within this period the prize/s will be forfeited and the winner shall no claim of any nature whatsoever to a redemption of the prize.

General terms

Without detracting in any way from the provisions contained in the General Promotional Competition Rules (except where there is a conflict, in which case these Rules shall take precedence) and the further provisions contained in these Rules above, the following general provisions shall be applicable to these Rules.

The promoter/s of this Competition are the Organisers. The Organisers will interpret the Rules in their sole discretion and reserve the right to amend the Rules at any time in accordance with the provisions contained in these Rules.

The Organisers, their directors, members, partners, employees, agents, consultants, any other person who directly or indirectly controls or is controlled by them or any supplier of goods and services in connection with this Competition and their spouses, life partners, parents, children, siblings, business partners or associates are not eligible to participate in or enter this Competition.

IN THE EVENT OF A DISPUTE, THE DECISION OF THE ORGANISERS WILL BE FINAL AND BINDING AND NO CORRESPONDENCE WILL BE ENTERED INTO. IN THIS REGARD AND FOR FURTHER CLARITY, THE ORGANIZERS SHALL BE ENTILTED TO DEAL WITH SUCH DISPUTES OR ANY FAILURE BY PARTICIPANTS TO FOLLOW THE RULES (INCLUDING ANY UNAUTHORISED MODIFICATIONS IN PLAYING THE GAME) IN THEIR SOLE DISCRETION, INCLUDING THAT THE ORGANISERS SHALL BE ENTITLED, IN ADDITION TO ANY OTHER RIGHTS WHICH THE ORGANISERS MAY HAVE IN TERMS OF THESE RULES AND/OR THE GENERAL COMPETITION RULES, TO IMMEDIATELY DISQUALIFY PARTICIPANTS FROM THIS COMPETITION. BY ENTERING THE COMPETITION AND/OR ACCEPTING ANY PRIZE, THE ENTRANTS, USERS AND/OR WINNERS HEREBY INDEMNIFY, RELEASE AND HOLD HARMLESS THE ORGANISERS (INCLUDING THEIR SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES), THEIR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS (THE "ORGANIZER PARTIES") FROM AND AGAINST ANY ACTIONS, CLAIMS AND/OR LIABILITY FOR INJURY, LOSS, DAMAGE, EXPENSE, CLAIM OR DAMAGES OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE COMPETITION, AND/OR THE USE, ACCEPTANCE OR POSSESSION OF A PRIZE, AND/OR PARTICIPATION (OR NON–PARTICIPATION) IN A PRIZE–RELATED ACTIVITY.

The Organisers may require the winner (at no fee) to be identified, photographed, filmed and the aforegoing to be published in any media, including YouTube, subject to the winner's right to decline participating in any such marketing activities. If a winner so declines, notice thereof must be submitted to the Organisers in writing. Each winning entry will be publicly accessible and will be publicly associated with the winner's name (at no fee).

ADDITIONAL TO ANY OTHER RIGHTS CONTAINED IN THE GENERAL PROMOTIONAL COMPETITION RULES, THE ORGANISERS RESERVE THE RIGHT TO TERMINATE THE COMPETITION AT ANY TIME WITH IMMEDIATE EFFECT. IF THIS IS THE CASE, THE ORGANISERS WILL PROVIDE A NOTICE ON THE WEBSITE AND IT SHALL BE THE RESPONSIBILITY OF ENTRANTS TO REVIEW SUCH WEBSITE IN THIS RESPECT. IN SUCH EVENT, ALL ENTRANTS HEREBY WAIVE ANY RIGHTS WHICH THEY MAY HAVE AGAINST ANY OF THE ORGANISER PARTIES AND ACKNOWLEDGE THAT THEY WILL HAVE NO RECOURSE OR CLAIM OF ANY NATURE AGAINST THE ORGANISER PARTIES.

THE PRIZES ARE NOT TRANSFERABLE. THE ORGANISERS RESERVE THE RIGHT TO SUBSTITUTE ANY PRIZE WITH ANOTHER PRIZE OF SIMILAR VALUE. THE ORGANISERS ARE NOT LIABLE FOR ANY TECHNICAL FAILURE THAT MAY RESULT IN AN ENTRY NOT BEING SUCCESSFULLY SUBMITTED. ANY PRIZE IS ACCEPTED BY A WINNER AT HIS/HER OWN RISK AND THE ORGANISERS ARE NOT LIABLE, AT ANY TIME, FOR ANY DEFECT IN THE PRIZE.

The duration of this Competition may also be extended or curtailed at the sole discretion of the Organisers. If this is the case, the Organisers will provide notice of this on the Website

All Competition queries must be directed to Kate Mallett on (011) 709 6600 between 08h00 to 16h30.