South Africa Bike Festival Ticket Giveaway TERMS & CONDITIONS
1. Terms and Conditions
a) All persons entering the South Africa Bike Festival Ticket Giveaway competition (the “Competition”) conducted by Discovery Corporate Services Limited (the “Promoter”) in Africa, agree that such entry into the Competition is subject to these terms and conditions ("Terms") which are binding on them.
b) These Terms have legal effect and any potential entrant should read them carefully before deciding to enter the Competition, in particular, careful note should be taken of the Eligibility Requirements set out in Clause 3 below.
2. Important Notice
a) These Terms contain certain terms and conditions which appear in similar text style to this clause and which:
(i) may limit the risk or liability of the Promoter or a third party; and/or
(ii) may create risk or liability for a person entering the Competition (the "Entrant"); and/or
(iii) may compel the Entrant to indemnify the Promoter or a third party; and/or
(iv) serves as an acknowledgement, by the Entrant, of one or more facts.
b) The Entrant's attention is specifically drawn to these terms and condition because they are important and should be carefully noted.
c) Nothing in these terms and conditions is intended or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be created for either the Entrant or the Promoter in terms of the Consumer Protection Act, 68 of 2009 (the "CPA").
d) The Entrant acknowledges that he/she has been given enough time to read these Terms and that he/she understands and agrees to these terms and conditions. By submitting the Competition Entry (as defined at Clause 4 below) and thereby entering this Competition, the Entrant will be deemed to have read and understood these Terms and to have agreed to be bound by them. If the Entrant does not agree with any of these Terms, they should not enter the Competition.
e) All Entrants participate in the Competition entirely at their own risk. By accepting to be bound by these Terms the Entrant gives consent to these risks and indemnifies and holds harmless the Promoter, its directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or willful misconduct of the Promoter, its directors, employees and agents.
a) In order to qualify as an Entrant for the Competition, Entrants must meet the following eligibility requirements (the "Eligibility Requirements"):
(i) The Entrant must be a resident of any of the following African Countries: Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde Islands, Central African Republic, Comoros, Congo, Cote d’Ivoire, Democratic Republic of the Congo (partial), Equatorial Guinea, Ethiopia (partial), Gabon, Ghana, Guinea Bissau, Guinea, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Mayotte, Mozambique, Namibia, Niger, Nigeria, Reunion, Rwanda, Sao Tome & Principe, Senegal,
Sierra Leone, South Africa, Swaziland, Tanzania & Zanzibar, The Gambia, Togo, Uganda, Zambia and Zimbabwe (Collectively and for the purposes of this Competition, “Africa”);
(ii) The Entrant must be eighteen (18) years or older on the date of entry and must be able to provide sufficient identification to prove his/her age (which may be required at the request of the Promotor);
(iii) The Entrant may not be any person who is a director, member, partner, employee or agent of, or consultant to the Promoter, its holding company and affiliate companies and their immediate families, or any other person who directly or indirectly controls or is controlled by, the Promoter or the Promoter's agents or anyone professionally associated with the Competition;
(iv) The Entrant must provide full and correct details;
(v) The Entrant may not enter the Competition on someone else’s behalf;
(vi) No entries from agents, third parties, organised groups or entries automatically generated by computer software (or otherwise) will be accepted;
(vii) No payment of any consideration or purchase of any goods or services is required to enter the Competition.
b) Failure to meet any of the Eligibility Requirements set out in Clause 3 a), above, or on the basis of engaging in any conduct which the Promotor in its sole discretion considers unacceptable or not meeting any other requirement set out in any provision of these Terms, may result in:
(i) an entry being invalid and disqualified; and/or
(ii) forfeiture of the Prize(s).
c) Any decision to invalidate and disqualify an entry/ Entrant or to forfeit a Prize in line with Clause 3 b) above lies within the sole discretion of the Promoter.
d) For the avoidance of doubt, the Promoter is not required to disqualify any entry at the time of submission of the entry due to such entry not meeting the Eligibility Requirements set out in this Clause 3 and may do so during any point of the Competition. The Promoter may, at any time, during the Competition, disqualify an Entrant on the basis of non-compliance with the Eligibility Requirements and or engaging in any conduct which the Promotor in its sole discretion considers unacceptable or not meeting any other requirement that may result in disqualification in accordance with any provision of these Terms. The Promoter will not be held liable for any loss, damages, cost or injuries as a result of the disqualification of any Entrant or the forfeiture of any Prize, save where such losses, damages, costs or injuries are sustained as a result of the gross negligence or willful misconduct of the Promoter, its directors, employees or agents.
4. Competition Entries
a) For the first week the Competition will be open for entries from 10:00am CAT on 17 April 2017 (“Opening Date”), until 23:59 CAT on 23 April 2017 (“Closing Date”). All Competition Entries received after the Closing Date are automatically disqualified. For the avoidance of doubt, the Competition is part of a series of weekly competitions which open for entries at 10:00 am on the Monday and close at 23:59 on the Sunday, from 17 April 2017 until 23:59 on 21 May 2017 (the "Competition Period"). The Competition will comprise of five (5) weekly competitions (the “Weekly Competition”) and the Terms as set out herein will apply to each Weekly Competition. For the further avoidance of doubt, the Closing Date for each Weekly Competition shall be the Sunday evening at 23:59. Any Entries received after this time but prior to the next Weekly Competition Opening Date (i.e. Monday morning at 10:00 am) will be automatically disqualified.
b) To enter the Competition, Entrants must select the “like” button and add a comment to the comments box under the designated Competition post on Discovery Channel South Africa’s Facebook page (https://www.facebook.com/DiscoveryChannelSouthAfrica/). There will be a new post for each Weekly Competition. Entrants will be required to:
(i) Locate the Competition post on Discovery Channel Africa’s Facebook page, published on the Monday of the relevant Weekly Competition. The Competition Post shall include a reference to the South Africa Bike Festival.
(ii) “Like” and comment on the post (which shall submit one (1) entry)
(the “Competition Entry”).
c) For the avoidance of doubt, the Competition is run and administered by the Promoter and is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering this Competition the Entrant acknowledges that Facebook shall not be responsible for the Competition or results of the Competition in any way.
d) The Promoter cannot guarantee continuous, uninterrupted or secure access to Facebook and does not accept responsibility for any disruption to the Competition or Facebook due to technical problems nor any responsibility for Competition Entries that are lost, mislaid, damaged or delayed on submission, regardless of cause (for example, technical malfunction, systems, server, computer hardware or software failure of any kind).
e) For each Weekly Competition there is a limit of one (1) Competition Entry per Entrant for submitting a “like” and comment to the weekly post. If an Entrant submits more than 1 Competition Entry during the Weekly Competition Period, the Promoter shall exercise its discretion on which Competition Entry to consider and may choose to only consider the first Competition Entry submitted.
f) Each Competition Entry is subject to approval by the Promoter. All Competition Entries will be moderated to ensure they meet the Eligibility Requirements, and any Competition Entries that do not meet the Eligibility Requirements will be disqualified subject to the provisions of Clause 3, above. Any Competition Entry that is deemed offensive, inappropriate, obscene, unlawful or contains otherwise objectionable content or information will be disqualified.
5. The Winner(s)
a) Following the end of each Weekly Competition, the Competition Entries will be entered into a random draw (the “Draw”). One (1) winner will be determined by randomly drawing a Competition Entry from all eligible Competition Entries each week (the “Winner”). The Promoter reserves the right to increase or decrease the number of Winners chosen in its sole discretion and is entitled to select, in its sole discretion, the Winners based on any criteria the Promoter deems appropriate.
b) The Winner of the Competition will be contacted on or around the Monday following the Weekly Competition period via Facebook direct message and as a pinned comment on the promotional post (the “Notification”) and;
(i) the Winner will be required to provide the following details for themselves and their one (1) permitted guest within three (3) days of the Notification: Full name of the Winner, full name of the permitted guest and the Winner’s email address.
c) The Winners must claim their Prize within 3 days of the Notification. If the Prize is unclaimed after this time, the Prize will lapse and the Promoter reserves the right to offer the unclaimed Prize(s) to a substitute winner selected in accordance with these Terms.
d) The Winners agree to participate – for no remuneration – in any publicity or promotional activities concerning the Competition as may be reasonably required by the Promoter, their affiliates and their affiliated products and services. Further the Promoter reserves the right to use the names of the Winners in any publicity.
a) The Prize: two (2) Sunday tickets for the South Africa Bike Fest (the “Festival”) on May 28th 2017 (the “Prize”).
b) The Prize is valid for Sunday May 28thonly. Details of how to redeem the Prize will be provided in the Notification. The Winner may be required to print e-tickets for entry to the Festival.
c) The receipt, by the Winners, of the Prize is conditional upon compliance by the Winners with any and all relevant laws, rules and regulations as well as these Terms.
d) In respect of Clause 6 a) above, the Winner and his/her guest are solely responsible for all insurance, applicable taxes and for any expenses or costs involved with travelling to and from the Festival, attending the festival and any costs not specified in the Prize description.
e) By accepting to be bound by these Terms and by claiming the Prize, the Winners accept they are entering and participating at their own risk and acknowledge that the Winners may be required to sign a waiver and/or release form(s) in order to redeem the Prizes.
a) The Promoter reserves the right to verify all Competition Entries including but not limited to asking for address and identity details and to disqualify any Entrant at any phase of the Competition, where there are reasonable grounds to believe there has been a breach of these Terms or non-compliance with any Eligibility Requirements, or otherwise, including where an Entrant has gained unfair advantage in participating in the Competition or has participated in any way using fraudulent means. The Promoter will be the final arbiter in any decisions and these will be binding and no correspondence will be entered into in relation to this clause.
b) Each Entrant consents to any data or other information provided when entering the Competition and during the course of the Competition being used by the Promotor, for the purposes of the Competition and may be shared with third party Sponsors of the Competition, including but not limited to the Festival organisers, for purposes of fulfilling the Prize. A “Sponsor” shall mean any third party company who is professionally affiliated with the Competition and/or the Promoter.
c) The Entrant further consents to the Promotor using his/her data or other information provided when entering the Competition and during the course of the Competition for the purposes of the Competition only.
d) The Entrant further consents to the use of his/her data or other information by the Promotor for the purposes of notifications from the Promoter relating to the Promoter’s business, which consent the Entrant may withdraw at the time of entry into the Competition or at any other time via email at the following address: DiscoveryChannelAfrica@discovery.com.
e) The Promotor will not share the Entrant's data or other information with any third parties, except for third party Sponsors of the Competition and for the purposes of fulfilling the Prize.
f) The Entrant's data and other information will only be retained by the Promotor for as long as necessary for the purposes of the Competition.
g) In the event that the Promoter suspects fraudulent activity on the part of any Entrant, the Promoter reserves the right to suspend further Competition Entries pending an investigation into the activity.
h) The Prize is non-exchangeable, non-transferable and non-refundable. There is no cash alternative in whole or in part unless otherwise stated above. The status and Prize must be taken by the Winner unless agreed otherwise in writing by the Promoter. The Prize is subject to availability and in the event of circumstances outside of its control the Promoter reserves the right to substitute a similar or alternative prize of equal or greater value.
i) The Promoter does not accept any liability for any damage, loss, costs or injury suffered by any Entrant as a result of entering or related to participation in the Competition, save to the extent that such damage, loss, costs or injury was caused by the gross negligence of the Promotor, its directors, employees or agents.
j) The Promoter is not responsible for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the internet, or at any website, including any injury to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its gross negligence or willful misconduct.
k) The Promoter reserves the right to modify, suspend, cancel or terminate the Competition or extend or resume the Entry Period or disqualify any Entrant at any time on prior written notice of such change on the Promoter’s website (and where applicable by email throughout each respective Phase). This includes but is not limited to dates and locations published herein or promoted in relation to the Competition.
l) To the extent permitted by law, these terms and participation in the Competition is subject to the laws of the Republic of South Africa. Entrants expressly agree that: (i) they submit to South African law and the non-exclusive jurisdiction of the South African courts, or any other tribunal, commission, ombud or other body of competent jurisdiction contemplated in the Consumer Protection Act, 2008 in respect of the entrants participating in this Competition and any dispute that may arise therefrom; and (ii) they are natural persons and will not participate in the Competition as a juristic person (including any group of persons operating as a professional and/or commercial entity).
m) A copy of these Terms may be requested by e-mailing DiscoveryChannelAfrica@discovery.com. Any questions regarding the Competition or their entry can also be sent to this email address.
n) Promoter’s details: Discovery Corporate Services Limited, Discovery House, Chiswick Park Building 2 London W4 5YB, United Kingdom. Company number: 08597513.