RULES/TERMS & CONDITIONS

By participating in the Gumtree School Fund competition (the “Competition”), which is being facilitated on the online advertising platform provided to you at www.gumtree.co.za/pages/schoolfund/ (“Gumtree Website”) by Marktplaats B.V. (“Gumtree”), entrants agree to be bound by the terms and conditions below (“Rules”).

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. BACKGROUND
    • To enter the Competition, entrants must write an essay during the Competition Period (as provided for in paragraph 2 below: Competition Period) setting out why they should receive the Gumtree School Fund (as provided for in paragraph 4 below: How to Participate).
    • By submitting an essay, three (3) lucky winners will be selected at the end of the Competition (as provided for in paragraph 8 below: Winner Selection), and win one of three cash prizes:
      • Two (2) second prizes of R5,000 (five thousand Rand) each; and
      • One (1) first prize of R10,000 (ten thousand Rand)

(each a “Prize” or a “Gumtree School Fund”).

  1. COMPETITION PERIOD
    • The Competition commences on October 5th, 2015 at 12:00:01 a.m. South Africa Standard Time (“SAST”) and ends on December 16th, 2015 at 11:59:59 p.m. SAST.
    • No entries received after the Competition Period will be accepted.
  2. 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 entrant must as at the date of entry to the Competition:
      • be a South African citizen or a permanent resident of South Africa;
      • be 18 years or older;
      • be attending high school, a college, university or other tertiary institution, or have enrolled at a college, university or other tertiary institution for no later than February 2016;
      • be willing to divulge his/her full name(s), age and mobile telephone number;
      • agree to permit Gumtree to use his/her essay, 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;
      • 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 entrant represents and warrants that by entering in or participating in this Competition, he/she has full eligibility to do so.
    • 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 B.V., 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”).
  3. HOW TO PARTICIPATE
    • To enter the Competition:
      • No purchase is required to be made and no consideration is payable.
      • You are required to visit the Competition Website in order to view the Rules of the Competition.
      • You then need to write an essay of at least one hundred and fifty (150) words explaining why you deserve to receive the Gumtree School Fund. Your essay should also include the following information:
        • your contact details (full name, email address and phone number) (at the end of the essay);
        • if you are currently at college or university or at any other tertiary establishment (“Tertiary Institution”), the name of the institution and your student ID number;
        • if you are currently in high school, the name of the school, your exam number, the name of the Tertiary Institution you plan to attend, and your application number to such institution; and
        • each essay must contain the phrase “Gumtree School Fund” in the subject line of the email
    • There is a limit of one (1) essay per person. You can therefore only use one (1) email address to enter the Competition.
    • Your essay must be submitted and received by us before the end of the Competition Period.
    • 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 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.
    • Your essay may be rejected if (in the sole and absolute discretion of Gumtree):
      • the essay is not fully completed with all required information and/or submitted and received during the Competition Period; and/or
      • your essay (or a component thereof) is not submitted in accordance with the requirements listed in paragraph 5 (Essay Submission Requirements) (as determined by Gumtree in its sole and absolute discretion).
    • The Released Parties (as defined in paragraph 6: Licence) are not responsible for an essay which is late, lost, misdirected, delayed, incomplete or incompatible (all of which will be void).
    • All essays 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, a 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 essay (or an attempt to make an essay) 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.
    • 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 essay to this Competition will be the Competition server machine(s).
  4. ESSAY SUBMISSION REQUIREMENTS
    • By submitting your essay, you agree that the essay (and each individual component thereof) complies with all conditions stated in these Rules.
    • The released parties (as defined in paragraph 6: Licence) will bear no legal liability regarding the use of your essay or any component thereof.
    • 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.
    • By participating in the Competition, each entrant hereby warrants and represents that his/her essay (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 essay. Any essay 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 essay (or any component thereof), or to request an entrant to modify, edit and/or re-submit his or her essay (or any component thereof), in order to ensure that the essay (or any component thereof) complies with these Rules, or for any other reason.
  5. LICENCE

By entering the Competition and submitting an essay, each entrant, to the extent permitted by law:

  • grants to Gumtree, in perpetuity, a worldwide non-exclusive licence to publish, display, reproduce, modify, edit or otherwise use his/her essay, in whole or in part, for advertising or promoting the Competition;
  • waives all moral rights in and to his/her essay 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 essay (or any component thereof).
  1. THE PRIZES
    • There will be three (3) cash Prizes; one for each of the three (3) winners: two (2) prizes of R5,000 (five thousand Rand) each, and one (1) grand prize of R10,000 (ten thousand Rand).
    • Each entrant is entitled to submit 1 (one) essay only. Each prize winner is entitled to 1 (one) Prize only.
    • The Prizes 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).
    • No substitutions shall be permitted except at Gumtree’s option.
    • 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.
    • The Prize will only be awarded to a person whose verifiable full name and valid email address appears on the essay.
  2. WINNER SELECTION
    • A representative of Gumtree will select ten (10) qualifying entrants at random at different stages of the Competition (each a “Qualifying Entrant”). The three (3) preferred finalists will be selected at the end of the Competition Period based on a randomized selection from the pool of Qualifying Entrants (each a “Preferred Finalist”).
    • A representative of Gumtree will make three (3) attempts to contact a Preferred Finalist by phone and/or email.
    • A 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 paragraph 1).
    • In order to qualify as a prize winner (“Prize Winner), a 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, the entrant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof.
    • Once a Preferred Finalist is confirmed as a Prize Winner in accordance with these Rules, the Prize Winners’ details and photographs may be posted on the Gumtree Website, the mobile site, the official Gumtree South Africa Android, Blackberry, or iPhone mobile apps (“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.
    • Gumtree may require a Prize Winner:

8.6.1     (at no fee) to be identified and photographed (or may require a 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 a Prize Winner; and

8.6.2      to supply his bank details, or that of his school or Tertiary Institution, as the case may be, to Gumtree in order to make payment of the Prize by electronic transfer (EFT) into the designated bank account of the Prize Winner, his school, or his Tertiary Institution. The Prize Winner is responsible for all costs and expenses incurred in connection with or arising from the transfer of the Prize into any of the aforementioned bank accounts (including (without limitation) cash deposit fees).

  • If an eligible Prize Winner:
    • fails to return the properly executed Competition documents within the specified time;
    • cannot accept (or is unwilling to accept) a Prize (as awarded) for any reason;
    • fails to provide Gumtree with bank details (as provided for in clause 8.6.2) within 1 (one) week of being requested to do so, or provides Gumtree with inactive or incorrect bank details ; 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 Prize) and Gumtree reserves the right, in its sole and absolute discretion and time permitting, to select another Preferred Finalist at random from the pool of Qualifying Entrants.

  1. 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:

  • An essay and all materials associated therewith, will become the property of Gumtree upon submission thereof.
  • The Competition is subject to all applicable national, provincial and municipal laws of South Africa.
  • 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 essay, or the submission and/or receipt thereof.
  • The Released Parties will not be liable for:
    • any failure of the Gumtree Website, the Competition Website, the mobile site or Applications 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 essay 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 essay, such essay will be deemed to have been submitted by the authorised holder of the email account associated with the essay (“Authorised Holder”). 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 Authorised Holder of the email account associated with the essay in question and, if applicable, that he/she has all necessary consents, permissions and/or licences 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, unauthorised 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.
  • By participating in this Competition, each entrant expressly consents to Gumtree, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her essay only for the purpose of administering the Competition and in accordance with Gumtree’s privacy policy (available at: http://gumtreehelp.com/za/knowledgebase.php?article=120), unless the entrant otherwise agrees.
  • 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.
  • 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 essay 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.

Last updated September 30th, 2015

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