Terms and Conditions for the “Win a Clubman Experience” competition (the “Competition”)
- This Competition is conducted by BMW South Africa (South Africa) (Pty) Ltd (the “Organiser”) and is open to all, except directors, members, agents, employees, consultants and immediate family members of any employees of the Organiser, its advertising agencies or suppliers, subject to the provisions set out hereunder.
- By entering this Competition all participants agree to be bound by the terms and conditions (the “Ts and Cs”), which will be interpreted by the Organiser, in its sole discretion. In the event of any dispute whatsoever, the decision of the Organiser shall be final and binding and no correspondence will be entered into save that correspondence shall only be limited to notifying the prize recipient.
- The Competition commences on 7 November 2018 and ends at 23h59 on 28 February 2019 (the “Competition Period”).
- To participate in the Competition, each participant must –
4.1. be over the age of 18 years;
4.2. reside within the Republic of South Africa;
4.3. be in possession of a valid South Africa driver’s license;
4.4. have test driven a MINI Clubman at a selected MINI dealership between the 7 November 2018 and 28 February 2019;
4.5. have booked the test drive online by logging on to the www.mini.co.za or www.creativeclub.co.za websites.
- Participants who comply with the requirements of paragraph 4 above will automatically be entered into a draw to win the prize. It is the participant’s responsibility to ensure that his/her entry is received by the Organiser prior to the closure of the Competition. Any entries which are not received by the Organiser prior to the closure of the Promotion will not be eligible to participate, regardless of the reason for the late entry.
- The prize:
The participant will be granted an opportunity to experience and drive a MINI Clubman for one week (7 days) (the “Prize”). For the avoidance of any doubt, the Prize shall only be made available to the participant from the week commencing on 1 April until 30 September 2019.
- Winners will be selected randomly from a list of entries to win the Prize i.e the draw will be performed by a random computer process.
- The winner shall be notified by the Organiser telephonically or via e-mail before the end of March 2019.
- The Prize is –
9.1. not transferable;
9.2. not exchangeable or negotiable and is not redeemable for cash in part or as a whole. The Prize cannot be used for commercial or promotional purposes or resold for more than their original sale price.
- All participants indemnify the Organiser, its partners, advisers, suppliers and nominated agents against any and all claims, damages (whether direct, indirect, incidental, punitive or consequential) or loss of any nature and howsoever arising, including but not limited to wilful misconduct or negligent act or omission arising from their participation in the Competition and subsequent acceptance and use of the Prize.
- The Organiser herein reserves the right to withdraw/exclude participants’ entries which the Organiser considers unsuitable with regards to its content. The Organiser (and its affiliates / partners) is/are not responsible for any entries which are (i) misdirected, (ii) illegible, (iii) late or (iv) not received by it/them, whether timeously or at all, regardless of the cause thereof. Without limitation, the Organiser (and its affiliates/partners) is/are not responsible for any problems or technical malfunction of any telecommunications network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the internet, telecommunications lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
- The Organiser shall not be liable for any disruption to the Competition, whether due to technical problems or otherwise, which is beyond its reasonable control. In the event of any disruption to the running of the Competition, the Organiser may, in its sole discretion, use its reasonable endeavours to remedy the disruption and resume the Competition on a fair and equitable basis to the participants.
- Any breach of these Ts and Cs may, at the Organiser’s absolute discretion, result in the forfeiture of any prize.
- The Organiser will not be held liable for any misinterpretation of the Prize, rules and conditions or any specific part thereof. The participant may not win a Prize if it is unlawful for the Organiser to supply such a Prize to the participant, and if the participant does win such a Prize due to the aforesaid context, the participant will forfeit it. No liability is accepted for any loss or damages relating to the use of the Organiser’s social media platforms and/or the reliance of information contained in it or on them.
- The Organiser does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, make no representations and give no warranty that –
15.1. your entry or participation in the Competition will necessarily result in you winning a Prize;
15.2. a Prize, or any aspect thereof, will meet your requirements, preferences, standards or expectations; or
15.3. a Prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
- The Organiser reserves the right to vary, postpone, suspend, or cancel the Competition and any prizes, or any aspect thereof, without notice at any time, for any reason which it may deem necessary. In the event of such variation, postponement, suspension or cancellation, the participant agrees to waive any of his/her rights, interests and expectations that the participant may have in regard to the Competition and acknowledge that s/he will have no recourse against the Organiser and its affiliates as well as third party suppliers (if any). Participants who participates in this Competition acknowledge that, through their participation in the Competition, they have read the legal notice pertaining to the Organiser’s social media platforms (where applicable).