BEST ADS OF GUMTREE COMPETITION
RULES/TERMS & CONDITIONS
By participating in the Best Ads of Gumtree competition(the “Competition”), prospective advertisers agree to be bound by the terms and conditions below (“Rules”), 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 http://gumtreeza.wpengine.com/gumtree-hall-fame/ (“Competition 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 Competition Website; and
- withdraw, amend or suspend this Competition with immediate effect, by removing the Competition from the Competition Website.
1.1. Gumtree wants to encourage its advertisers to place entertaining and funny ads on www.gumtree.co.za (the “Gumtree Website”). The advertiser with the funniest ad (as determined by Gumtree in its sole discretion) stands a chance to win a prize. To enter the Competition, an advertiser should post at least one ad on the Gumtree Website, mobile site or Applications (as provided for in paragraph 4 below: How to Participate) during the Competition Period.
1.2. The winning entrant will be chosen at random and will win a gift card to the value of R1 000 (the “Prize”).
- COMPETITION PERIOD
2.1. The Competition commences on October 8th, 2014 at 12:00:01 a.m. South Africa Standard Time (“SAST”) and ends on October 20th, 2014 at 11:59:59 p.m. SAST (“Competition Period”).
2.2. No entries received after the Competition Period will be accepted.
- ELIGIBILITY TO PARTICIPATE IN THE COMPETITION
3.1. In order to be eligible for participation in the Competition which will be run for the Competition Period, a potential entrant must as at the date of entry to the Competition:
3.1.1. be a South African citizen or a permanent resident of South Africa;
3.1.2. be 18 years or older;
3.1.3. be willing to divulge his/her full name(s), age and mobile telephone number;
3.1.4. 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 Gumtree Website or traditional methods of advertising;
3.1.5. 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;
3.1.6. 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
3.1.7. undertake to abide by these Rules.
3.2. Each potential entrant represents and warrants that by entering in or participating in this Competition, he/she has full eligibility to do so.
3.3. 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”).
- HOW TO PARTICIPATE
4.1. To enter the Competition:
4.1.1. No purchase is required to be made and no consideration is payable.
4.1.2. You are required to visit the Gumtree Website at www.gumtree.co.za, m.Gumtree.co.za, or one of the official Gumtree South Africa Android, Blackberry, or iPhone mobile apps (‘Applications”) and use the on-screen instructions to log into your MyGumtree account (“Account”).
4.1.3. Once logged in, you have to create at least one (1) advertisement (“Advertisement” or “Ad”) on either www.Gumtree.co.za, m.Gumtree.co.za, or any of the Applications.
4.1.4. Each Ad must contain the phrase “#FA” as part of the Ad title.
4.1.6. Each Ad must be new, unique (no previous ad listings can be reposted), and authentic.
4.1.7. Each Ad must successfully pass Gumtree’s automated and manual Ad review and moderation, in Gumtree’s sole discretion.
4.2. The Ad must be submitted and received by us before the end of the Competition Period (the “Entry”).
4.3. 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:
4.3.1. 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;
4.3.2. then he/she may be disqualified from the Competition in the sole and absolute discretion of Gumtree.
4.4. Your Entry may be rejected if (in the sole and absolute discretion of Gumtree):
4.4.1. the Entry is not fully completed with all required information and submitted and received during the Competition Period; and/or
4.4.2. your Entry (or a component thereof) is not in accordance with the specific submission requirements listed below in paragraph 5 (Entry Submission Requirements) (all as determined by Gumtree in its sole and absolute discretion).
4.5. The Released Parties (as defined in paragraph 6 (Licence) below) are not responsible for an Entry which is late, lost, misdirected, delayed, incomplete or incompatible (all of which are void).
4.6. All Entries are subject to verification at any time and for any reason.
4.7. 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, a government issued photo identification):
4.7.1. for the purposes of verifying an individual’s eligibility to participate in the Competition;
4.7.2. for the purposes of verifying the eligibility and/or legitimacy of an Entry (or an attempt to make an Entry) for the purposes of this Competition; and/or
4.7.3. 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.
4.8. 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.
4.9. The sole determinant of the time for the purposes of a valid Entry to this Competition will be the Competition server machine(s).
- ENTRY SUBMISSION REQUIREMENTS:
5.1. BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES.
5.2. THE RELEASED PARTIES (DEFINED IN PARAGRAPH 6 (Licence) BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF.
5.3. THE RELEASED PARTIES 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.
5.4. By participating in the Competition, each entrant hereby warrants and represents that his/her Entry (and each individual component thereof):
5.4.1. does not violate any law, statute, ordinance or regulation;
5.4.2. 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
5.4.3. 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.
5.5. Gumtree and/or its promotional agency or designated content moderator (the “Reviewer”) may initially screen every Entry. Any Entry 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 (or any component thereof), or to request an entrant to modify, edit and/or re-submit his or her Entry (or any component thereof), in order to ensure that the Entry (or any component thereof) complies with these Rules, or for any other reason.
By entering the Competition and submitting an Entry, each entrant, to the extent permitted by law:
6.1. grants to Gumtree, in perpetuity, a worldwide non-exclusive licence to publish, display, reproduce, modify, edit or otherwise use his/her Entry, in whole or in part, for advertising or promoting the Competition;
6.2. waives all moral rights in and to his/her Entry in favour of Gumtree; and
6.3. 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).
- THE PRIZES AND APPROXIMATE RETAIL VALUE:
7.1. The Prize is a git card in the amount of R 1 000 (one thousand Rand).
7.2. The Prize must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by Gumtree in its sole and absolute discretion).
7.3. No substitutions shall be permitted except at Gumtree’s option.
7.4. Gumtree reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with an item of equal or greater value.
7.5. The Prize will only be awarded to the person whose verifiable full name and valid email address appears on the Entry.
- PREFERRED PURCHASER SELECTION PROCESS:
8.1. A representative of Gumtree will select one (1) entrant upon the conclusion of the Competition (the “Preferred Finalist”). The Preferred Finalist will be selected through a random draw.
8.2. A representative of Gumtree will make three (3) attempts to contact the Preferred Finalist by phone and/or email.
8.3. The Preferred Finalist so identified and contacted must respond within one (1) week of being contacted, failing which the Preferred Finalist will forfeit his/her right to the Prize, and another finalist will be selected (following the same process as set out in paragraphs 8.1 and 8.2).
8.4. Once confirmed as the winner of the Prize (“Prize Winner”) in accordance with these Rules, the Prize Winner’s details and photographs may be posted on the Gumtree Website, the mobile site, the Applications, the Gumtree blog and/or our Gumtree South Africa Facebook page for up to one (1) month after the end of the Competition Period.
8.5. To this end, and before being confirmed as the Prize Winner, the Preferred Finalist will be required to sign and return within three (3) business days of notification from Gumtree, Gumtree’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); and (iii) releases the Released Parties from any and all liability in connection with this Competition, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof.
8.6. Gumtree may require the Prize Winner (at no fee) to be identified and photographed (or may require the Prize Winner to submit photographs of himself/herself) and the aforegoing to be published in any media within the context of the Competition. The public will be able to visit the Gumtree Website, the mobile site, the Applications, the Gumtree blog and/or our Gumtree South Africa Facebook page, and view the name and photos of the Prize Winner.
8.7. If the eligible Prize Winner:
8.7.1. fails to return the properly executed Competition documents within the specified time;
8.7.2. cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or
8.7.3. 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 Prize) and Gumtree reserves the right, in its sole and absolute discretion and time permitting, to select another Preferred Finalist at random from the same pool of eligible entrants.
- GENERAL CONDITIONS:
Without detracting in any way from the further provisions contained in these Rules above, the following general provisions shall apply to these Rules:
9.1. An Entry and all materials associated therewith, will become the property of Gumtree upon submission thereof.
9.2. The Competition is subject to all applicable national, provincial and municipal laws of South Africa.
9.3. The decision of Gumtree with respect to all aspects of the Competition is final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of the entrant or Entry, or the submission and/or receipt thereof.
9.4. The Released Parties will not be liable for:
9.4.1. any failure of the Gumtree Website, the Competition Website, the mobile site or Applications during the Competition;
9.4.2. any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software;
9.4.3. the failure of any Entry 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;
9.4.4. 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
9.4.5. any combination of the above.
9.5. In the event of a dispute regarding who submitted an Entry, such Entry will be deemed to have been submitted by the Authorized Holder of the Account associated with the Entry. For purposes of this paragraph, “Authorized Holder” is defined as the person who is assigned a MyGumtree account by us. 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 Holder of the MyGumtree account associated with the Entry in question and, if applicable, that he/she has all necessary consents, permissions and/or licences as required by these Rules.
9.6. 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 Gumtree Website, the Competition Website, mobile site or Applications, 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.
9.8. Gumtree reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Competition, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the foregoing, Gumtree reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
9.9. 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 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.
9.10. 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.
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