1. Introduction and Promoter
The Promoter of this promotion (“Promotion”) is MOTUL South Africa (Pty) Ltd (Registration Number: 2019/153433/07), a company incorporated in terms of the laws of the Republic of South Africa with its registered office at 49 Kyalami boulevard, Kyalami business park.
1.1. Any person who enters the Promotion (“Entrant”) acknowledges that the Terms and Conditions set out herein shall be binding on them, and that the Promotion shall be subject to the applicable provisions of the Consumer Protection Act No. 68 of 2009 (“the CPA”).
1.2. Participation in this Promotion specifically excludes any employee, director, member, partner, agent or consultant or any person who directly or indirectly controls or is controlled by the Promoter and/or immediate family members of any employee, director, member, partner, agent or consultant of or person indirectly or directly in control or controlled by the Promoter, their advertising agencies, advisers and dealers.
2.1 Not all South African Midas PIA dropshipment stores are participating in the Promotion. The following South African Midas PIA dropshipment stores are participating in the Promotion:
• Super Discount Motor Spares cc
• Goeie Hoop Onderdele (Edms) Bpk
• Reggies Midas
• Bowls Road Midas - Midas East London
• Spare Connection Midas
• Witbank Midas
• HI PERFORMANCE MIDAS VANDERBIJLPARK
• SPARE CONNECTION MIDAS
• Hi Performance Motor Spares Vereeniging
• Silverton Midas
2.2 Furthermore, an Entrant must have an active email account.
2.3 All entries must be made directly by the Entrant. Using a false name or email address will result in disqualification.
2.4 The Promoter reserves the right, at their sole discretion, to disqualify any individual found to be tampering or facilitating the tampering by others with the operation of the Promotion, or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions, or to be acting in any manner deemed by the Promoter to be disruptive.
2.5 To enter the Promotion, the Participant must do all of the following:
1. Buy any Motul Oil for a minimum of R500 and stand a chance to win an Ampro toolbox at any of the participating Midas stores;
2. Take a picture of your receipt;
3. Send the photo of your receipt to the following email address email@example.com together with yourfull name, telephone number and province.
2.6 Entrants must retain their receipts for each eligible purchase, for the duration of the Promotion, and until such time as the winner has been selected.
2.7 An Entrant may enter the Promotion as many times as they wish, provided that they comply with the entry requirements in terms of clause 2.6, and retain each of their receipts.
3. Promotion Period
3.1. The Promotion begins on 1st July 2020 and ends at 23h59 on 30 September 2020, both days inclusive.
3.2. The Promoter may, at its sole discretion, extend or shorten the period of the Promotion, or terminate the Promotion immediately, without notice, for any reason beyond its control.
4. About the Prize
4.1. The prizes consist of: 8 Ampro Toolboxes nationally to give away
4.2 Winners will be selected at random by an electronic system and will be notified via email. The draw will take place the beginning of October.
4.3 Winners are only eligible to win 1 (one) prize.
4.4 The Prize DOES NOT include travel and accommodation expenses.
4.5 Winners have 48 hours to claim their prize after being notified, and if the winner does not come forward within this time frame, then Motul reserves the right to choose another winner.
4.6 The Promoter reserves the right to request the winner to provide proof of identity, proof of email address or proof of entry in order to claim the Prize. Proof of identification, email and entry considered suitable for verification is at the discretion of the Promoter.
4.7 In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address Email account from which the entry is made will be deemed to be the entrant and he/she must comply with these terms & conditions. “Authorized account holder” is the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the e-mail address. A potential Prize Winner may be asked to provide Promoter with proof that the selected Winner is the authorized account holder of the email address.
4.8 If a dispute as to identity cannot be resolved in terms of clauses 4.6 or 4.7, the entry will be deemed ineligible, and the draw of a replacement entry shall take place.
4.9 The Promoter’s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision.
4.10 Prizes will be sent out within 4 weeks of the winner claiming his or her prize in terms of clause 4.5.
4.11 The Winner’s use of the Prize shall be entirely at his/her own risk and he/she hereby indemnifies and absolves the Promoter from any liability or damage, arising from accident, injury, harm, death, costs, including direct, indirect, special incidental or consequential or any punitive damages and/or loss sustained because of the entry or participation in the Promotion and possession or use of the Prize as won in the Promotion.
4.12 To the extent permitted by the CPA, the Entrant and/or Winner indemnifies and absolves the Promoter from claims arising from any loss, damage, harm or injury which the prize winners may sustain because of any claim which may be made against it by any third party.
4.13 Prizes are not transferable, and may not be deferred or exchanged for any other item, including cash.
5 About Entries
5.1 Illegible and incomplete entries (as determined by the Promoter) will be deemed invalid. Obscene, provocative or otherwise questionable content will not be considered. The Promoter retains sole discretion as to what constitutes inappropriate content. The decision of the Promoter is final and no correspondence will be entered into over this decision.
5.2 No responsibility can be accepted for entries which are invalid, incomplete, illegible, lost or delayed in transit, or which fail to be properly submitted. Proof of sending does not constitute proof of receipt.
5.3 An Entrant shall not hold the Promoter liable for any entry which is not received, whether timeously or at all, regardless of the cause, and shall not hold the Promoter liable for any problem or technical difficulties experienced by either the Promoter or the Entrant in relation to computer systems, email services, network or internet service providers, hardware or software, traffic congestion, or any combination thereof.
5.4 If there is any reason to believe that there has been a breach of these Terms and Conditions, the Promoter may, at its sole discretion refuse to accept an entry. The Promoter will be the final arbiter in any decisions and these will be final and binding and no correspondence will be entered into.
6. Additional terms
6.1. If the Promotion is not able to run as planned for reasons (including but not limited to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or alter the Promotion or these Terms and Conditions, at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment. If the promotion is cancelled a notice will be published on the Promoter’s social media pages and/or website. The Promoter reserves the right to amend or alter the terms of the Promotion at any time.
6.2. Any dispute or claim arising out of or in connection with the Promotion or these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
7. Personal Data
7.1 By entering the Promotion, Entrants consent to their name, email address, province and contact details (“personal data”) being collected and processed for the purpose of processing their entry, and for contacting him or her in the event that he or she is a winner.
7.2 All processing of personal data will be in accordance with applicable data protection legislation (specifically, the Protection of Personal Information Act No. 4 of 2013 and the European General Data Protection Regulation 2016/679) and will not be disclosed to a third party without the entrant’s prior consent.
7.4 Personal data collected from Entrants will be stored for the duration of the Promotion, and for any period thereafter as required in terms of applicable legislation.
7.5 The Entrant’s e-mail address may be used by the Promoter for further direct marketing by the Promoter to the Entrant of similar products and services. Entrants may unsubscribe from such marketing communication by contacting firstname.lastname@example.org, or by clicking the unsubscribe link in each marketing email received.
7.6 The Promoter may require the winners to be identified, photographed and the photographs published in social media, printed media, social media or to appear on radio and television, when accepting their Prizes and/or after having received their Prizes. The winners will be given the opportunity to decline the publication of their images and to participate in the Promoters’ marketing material in so far as it relates to the Promotion.
8.1. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social network.
8.2 The Promoter accepts full liability for these matters and all matters for which it cannot, under law, exclude or limit its liability.
8.4 Otherwise, the exclusions of liability described below will apply. References to the “Promoter” include all of the Promoter’s associated companies, agents or any other third party involved in the Promotion.
8.5 The Promoter is entitled to amend the Terms and Conditions hereof in so far as same is deemed necessary and such amendments may relate to any aspect of the Promotion. The amendments may include the addition and or deletion of any existing and/or proposed Terms and Conditions of the Competition, which amendments may also affect the prize.
8.6 The proposed amendments may be affected during the Promotion period which amendments may result in the Promotion period being reduced and or extended as deemed necessary.
8.7 It is the Entrant’s responsibility to regularly check the website where the Promotion Terms and Conditions are made available, for any amendments.
8.8 No Entrant shall have any recourse or claim against the Promoter because of any amendment to these Terms and Conditions or in respect of termination or suspension of the Promotion in line with these Terms and Conditions.
9.1 All Entrants are deemed to have read and understood the Terms and Conditions.
9.2 A copy of the Terms and Conditions are available at no cost to Entrants and can be requested from the Motul website or from email@example.com.