Gumtree me, please! competition (“Competition”)
RULES/TERMS & CONDITIONS
By engaging in the Competition, prospective winners agree to be bound by the terms and conditions below (“Rules”) applicable to this Competition which is being facilitated on the online advertising platform provided to you by Marktplaats BV (“Gumtree”).
A copy of these Rules are available online at www.gumtree.co.za (“Website”).
You may not participate in this Competition if you do not agree to be bound by the Rules and if you do participate in this Competition, doing so will be confirmation that you agree to these Rules.
Gumtree may in its 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 Rules on the Website; and
• withdraw, amend or suspend this Competition, with immediate effect by removing the Competition Items from its Website.
This Competition shall be governed by the laws of South Africa.
Gumtree will be giving away a brand new kettle braai and multiple braai accessory hamper (“Competition Items”) on the Website as part of the Gumtree me, please! Competition.
During the Competition, Gumtree users will have the opportunity to respond to the advert found on the Gumtree me, please! Merchant Page, to stand to win the Competition Items.
The Promoter will, with their sole discretion, select the user/entrant at random to be winner of the Competition Items and the duly authorised agent for the time being (Ogilvy & Mather South Africa (Proprietary) Ltd) (“Ogilvy”) will contact such winner directly.
2. COMPETITION PERIOD
The Competition period commences on September 14, 2015 at 09:00:01 a.m. South Africa Standard Time (“SAST”) and ends on September 22, 2015 at 11:59:59 p.m. SAST (“Competition Period”). No entries received after the Competition Period will be accepted.
3. ELIGIBILITY TO PARTICIPATE IN THE COMPETITION
In order to be eligible for participation in the Competition which will be run for the Competition Period, a potential winner must: be a South African citizen or permanent resident of South Africa; be 18 years or older on the date that you participate in the Competition; be willing to divulge his/her full name(s), age and mobile telephone number; agree to permit Gumtree to use and to exhibit his/her images, name and likeness for commercial publication, in connection with the Competition in various forms of advertising and promotional materials, whether through social media, the Website or traditional methods of advertising; consent to the collection, collation, processing and disclosure of his/her name, likeness, images and private facts in electronic and any other form by Gumtree; agree not to claim any form of financial compensation from Gumtree for the appropriation and use of his/her images, name, likeness or private facts; and undertake to abide by these Rules.
Each potential winner represents and warrants that by entering in or participating in this Competition, he/she has full eligibility to do so.
Gumtree reserves the right to request proof (in a form acceptable to Gumtree within its sole discretion) that potential participants have met the eligibility criteria. Failure to provide such proof to the satisfaction of Gumtree in a timely manner may result in disqualification in the sole and absolute discretion of Gumtree. The sole determinant of the time for the purposes of a valid Entry Email contemplated in paragraph 4 (How to Participate) in this Competition will be the Competition server machine(s).
The following persons are not eligible to participate in the Competition:
Directors, members, employees, representatives, consultants or agents (and those with whom such persons are domiciled, whether related or not) of Marktplaats BV, its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies, judges and any entity involved in the development, production, implementation, administration, judging or fulfilment of the Competition
(Collectively, the “Gumtree Affiliates”).
4. HOW TO PARTICIPATE
To enter the Competition visit www.gumtree.co.za and follow the online banners to find the Merchant Page or ad to enter. Once you have viewed the Competition Item(s) you wish to wine, you will be required to send an email (“Entry Email”) to the address specified in the ad post; in the email, you must provide the following required information: your contact details, including full name, valid email address, valid daytime delivery address. There is a limit of one (1) Entry Email per person/email address during the Competition Period.
For greater certainty and the avoidance of any doubt, you can only use one (1) email address to enter the Competition. If it is subsequently discovered by Gumtree (using any evidence or other information made available to or otherwise discovered by Gumtree) that any person has attempted to: obtain more than one (1) Entry Email per item during the Competition Period; and/or use (or attempt to use) multiple names, identities email addresses, accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt the Competition; then he/she may be disqualified from the Competition in the sole and absolute discretion of Gumtree.
The Entry Email is not fully completed with all required information and submitted and received during the Competition Period; and/or your Entry (or a component thereof) is not in accordance with the specific submission requirements listed below in paragraph 5 (Email Entry Submission Requirements) (all as determined by Gumtree in its sole and absolute discretion).
The Released Parties (as defined in paragraph 6 (License) below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entry Emails (all of which are void). All Entry Emails are subject to verification at any time and for any reason. Gumtree reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Gumtree – including, without limitation, government issued photo identification): for the purposes of verifying an individual’s eligibility to participate in the Competition; for the purposes of verifying the eligibility and/or legitimacy of an Entry Email entered (or purportedly entered) for the purposes of this Competition; and/or for any other reason Gumtree deems necessary, in its sole and absolute discretion, for the purposes of administering the Competition in accordance with these Rules.
5. EMAIL ENTRY SUBMISSION REQUIREMENTS:
By submitting an entry email, you agree that the entry email (and each individual component thereof) complies with all conditions stated in these rules.
The released parties (defined in paragraph 6 (license) below) will bear no legal liability regarding the use of your entry email or any component thereof.
The released parties (defined in paragraph 6 (license) below) shall be held harmless by you in the event it is subsequently discovered that you have departed from or not fully complied with any of these rules.
By participating in the Competition, each entrant hereby warrants and represents that his/her Entry Email (and each individual component thereof): does not violate any law, statute, ordinance or regulation; will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and is not defamatory, trade libellous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Gumtree); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Gumtree in its sole and absolute discretion.
Gumtree and/or its promotional agency or designated content moderator (the “Reviewer”) may initially screen every Entry Email. Any Entry Email that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time, to modify, edit or remove any Entry Email (or any component thereof), or to request an entrant to modify, edit and/or re-submit his or her Entry Email (or any component thereof), in order to ensure that the Entry Email (or any component thereof) complies with these Rules, or for any other reason.
By entering the Competition and submitting an Entry Email, each entrant, to the extent permitted by law: grants to Gumtree, in perpetuity, a worldwide non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry, in whole or in part, for advertising or promoting the Competition; waives all moral rights in and to his/her Entry in favour of Gumtree; and
agrees to release and hold harmless the Gumtree Affiliates and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action that relates in any way to the Entry (or any component thereof).
7. THE PRIZE (“Competition Items”):
The Competition Items to be won on the Website are new or similar versions of the displayed Competition Item. A preferred winner will be chosen to receive the prize.
Each Competition Item must be accepted and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Gumtree in its sole and absolute discretion).
No substitutions shall be permitted except at Gumtree’s option.
Gumtree reserves the right, in its sole and absolute discretion, to substitute any Competition Item or a component thereof with an item of equal or greater value.
Each Competition Item will only be awarded to the person whose verifiable full name and valid email address appears on the Entry Email associated with the Entry Email in question and Competition Items will only be awarded to the preferred winner more fully contemplated in 8 (Winner Selection Process) who have submitted motivation to win. Once won, a Competition Item may not be exchanged for its cash value.
8. WINNER SELECTION PROCESS:
A representative of Gumtree will select 1 (one) preferred winner for Competition Items. The preferred winner will be randomly selected based on all correct information provided in their Entry Emails. A representative of Gumtree will make 3 (three) attempts to contact the preferred winner by phone and/or email. Preferred winner identified and contacted must respond within 24 (twenty four) hours of being contacted, failing which the preferred winner forfeits their right to the Competition Items, and another preferred winner will be selected.
Once confirmed as a preferred winner in accordance with these Rules, each preferred winner’s details and photographs may be posted on the Website, Gumtree blog and/or our Gumtree South Africa Facebook and Twitter pages for up to 1 (one) month after the end of the Competition Period.
To this end, Gumtree may require the preferred winners (at no fee) to be identified and photographed (or may require the preferred winner to submit photographs of himself/herself) and the foregoing to be published in any media within the context of the Competition.
The public will be able to visit the Website, blog and Facebook page, and view the winning names and photos. Prior to being officially declared the preferred winner, each preferred winner contacted will be required to make payment for the Competition Item selected for purchase. If the potential winner identified: cannot pay for (or is unwilling to pay for) the applicable Competition Item(s) (as awarded) for any reason; and/or is determined at any time to be in violation of these Rules (all as determined by Gumtree in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of Gumtree, be disqualified (and, if disqualified, will forfeit all rights to receive the applicable Competition Item) and Gumtree reserves the right, in its sole and absolute discretion and time permitting, to select another preferred winner at random from the same/or another pool of eligible potential winners.
9. GENERAL CONDITIONS:
Without detracting in any way from the further provisions contained in these Rules above, the following general provisions shall be applicable to these Rules:
By participating in the competition and/or bidding for any competition item, the potential and/or preferred winner, as the case may be, hereby indemnify, release and hold harmless Gumtree (including their subsidiaries, holding companies and affiliates), their directors, employees, agents, suppliers and contractors (the “organiser parties”) from and against any actions, claims and/or liability for injury, loss, damage, expense, claim for 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 competition item, and/or participation (or non-participation) in a competition-related activity. Any competition item is accepted by a preferred winner at his/her own risk and Gumtree is not liable, at any time and in any manner whatsoever, for any defect in the competition.
All Entry Email materials become the property of Gumtree. The Competition is subject to all applicable national, provincial and municipal laws in South Africa. The decision of Gumtree with respect to all aspects of the Competition are final and binding on all potential winners without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entry Emails, submission and/or entrants.
The Released Parties will not be liable for: any failure of the Website during the Competition; any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; the failure of any Entry Email to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website; any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Competition; and/or any combination of the above.
In the event of a dispute regarding who submitted an Entry Email, Entry Emails will be deemed to have been submitted by the Authorized Account Holder of the email address associated with the Entry Email (as applicable). For purposes of this paragraph, “Authorized Account Holder” is defined as the person who is assigned an account by the email service provider. An entrant may be required to provide proof (in a form acceptable to Gumtree – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the account associated with the Entry Email (as applicable) in question and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.
Gumtree reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Competition (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of Gumtree that interferes with the proper conduct of this Competition as contemplated by these Rules. Any attempt to deliberately damage the Website or to undermine the legitimate operation of this Competition in any way (as determined by Gumtree in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, Gumtree reserves the right to seek remedies and damages to the fullest extent permitted by law.
Gumtree reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant and/or Entry Email with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Gumtree, in its sole and absolute discretion, affect the proper administration of the Competition as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Competition-related materials; the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.