Gumtree Extreme ReFresh T&Cs

As many of you know by now, Gumtree and DJ Fresh will be working together to give the  Little Pnina Pnina DayCare a brand new look! We’re appealing to all Joburgers to come together, go through their cupboards, garages and storage rooms and donate unwanted items to our cause!

HOW TO PARTICIPATE:

 

1.     Visit www.gumtree.co.za/refresh to find out more about this project OR DONATE straight away by clicking on POST FREE Ad on www.gumtree.co.za.

2.     Choose location: Gauteng -> Johannesburg

3.     Choose category: Charity Donations

4.     Fill in the required information of the ad template; including details on exactly what you have to donate.

5.     Include #ReFresh in the title of your ad

6.     Click “Post” to post your ad

7.     Wait for a response from the Gumtree Extreme ReFresh team!

T&Cs apply and can be found below:

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RULES/TERMS & CONDITIONS

By participating  in the Gumtree Extreme ReFresh renovation/refurbishment campaign (“Gumtree Extreme Re-Fresh Campaign” or “Refresh Campaign”), prospective suppliers of items and/or services agree to be bound by the terms and conditions below (“Rules”). The refresh Campaign is facilitated on the online advertising platform provided to you by Marktplaats BV (“Gumtree”).

You may not participate in theReFresh Campaign if you do not agree to be bound by the Rules, and if you do participate in the ReFresh Campaign, 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 the ReFresh Campaign, with immediate effect by removing the Gumtree Extreme ReFresh Campaign page( www.gumtree.co.za/refresh) from its Website.

The ReFresh Campaign is governed by the laws of South Africa.

  1. BACKGROUND

1.1.             Famous South African celebrity, THATO SIKWANE (“DJ Fresh”) is a well-known entertainment personality in South Africa.

1.2.             DJ Fresh will during the ReFresh Period (as defined in paragraph 2 below), be spearheading the  renovation and refurbishment of Little Pina Pina Educare Centre in Johannesburg (“the Facility”), by using items and services supplied by Gumtree users who reside in Johannesburg.

1.3.             During the ReFresh Period (as defined in paragraph 2 below), Gumtree users can view the Facility’s list of needs (“the Wish List”) and donate items (“Items”) and/or services (“Services”) on the Wish List. Gumtree users who want to donate Items and/or Services will be referred to as “Suppliers”.

1.4.             Suppliers who donate Items and/or Services for the ReFresh Campaign will not  be reimbursed or otherwise compensated  for their donations.

1.5.             Gumtree, in its sole discretion, will select the Items and Services to be used by DJ Fresh in the ReFresh Campaign and Gumtree will contact the preferred Suppliers directly.

1.6.             Gumtree will liaise with the preferred Suppliers directly, to set up a time for Items to be collected from their locations  in Johannesburg.

1.7.             Gumtree will liaise with preferred Suppliers directly to arrange a time at which the Suppliers will render their Services at  the Facility.

1.8.             Gumtree will also liaise with Gumtree users whose intended Items and/or Services have not been selected for the Campaign, to explain why such Items and/or Services were not selected.

  1. REFRESH PERIOD

The ReFresh period commences on [August 20, 2014] at 09:00:01 a.m. South Africa Standard Time (“SAST”) and ends on [September 10, 2014] at [11:59:59 p.m. SAST] (“ReFresh Period”).  Unfortunately, no Items and/or Services which are donated after the ReFresh Period will be considered for the Refresh Campaign.

  1. ELIGIBILITY TO PARTICIPATE IN THE REFRESH

3.1.             In order to be eligible for participation in the ReFresh Campaign which will be run for the ReFresh Period, a potential supplier must:

3.1.1.                     be a South African citizen or permanent resident of South Africa;

3.1.2.                     be 18 years or older on the date that of participation in the ReFresh Campaign;

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 ReFresh Campaign in various forms of advertising and promotional materials, whether through social media, the 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 Supplier represents and warrants that by entering in or participating in the ReFresh Campaign, he/she has full eligibility to do so.

3.3.             Gumtree reserves the right to request proof (in a form acceptable to Gumtree within its sole discretion) that potential Suppliers 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 Donation Post contemplated in paragraph 4 (How to Participate) in the ReFresh Campaign,  will be the ReFresh Campaign server machine(s).

3.4.             The following persons are not eligible to participate in the ReFresh Campaign:

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 fulfillment of the ReFresh Campaign.

(collectively, the “Gumtree Affiliates”).

  1. HOW TO PARTICIPATE

4.1.             To participate in the Gumtree Extreme ReFresh Campaign:

4.1.1.                     visit www.gumtree.co.za/refresh to view the Wish List;

4.1.2.                     click on the “Post Free Ad” button on the home page and post an ad for the Item and/or Service you wish to donate (“Donation Ad”);

4.1.3.                   in the Donation Ad, you must provide the following required information:

4.1.3.1.             the campaign hashtag #ReFresh (“Hashtag”);

4.1.3.2.             all required fields;

4.1.3.3.             the location from where you are posting;

4.1.3.4.             the price  which must be stated as R0.00; and

4.1.3.5.             your full contact details  including full name, valid email address, address for collection of the Item and a valid cell phone number.

4.1.4.                     Once you have posted your Donation Ad(s) for Items and/or Services, you will await contact from Gumtree to find out whether you have been selected to donate an Item and/or Service.

4.1.5.                     If you have been selected to donate an Item, Gumtree will liaise with you to organise for the Item to be collected from an address in Johannesburg.

4.1.6.                     If you have been selected to render a Service, Gumtree will liaise with you to organise a time for you to provide that service at the Facility.

4.1.7.                     If the Item and/or Service you intended to donate was not selected, Gumtree will be in touch to advise you of alternative ways to advertise the Item and/or Service on Gumtree.

4.2.             There is no limit to the number of Donation Ads per person/email address during the ReFresh Period. You can however only use one (1) email address to enter the ReFresh Campaign.

4.3.              Your Donation Ad may be rejected if (in the sole and absolute discretion of Gumtree):

4.3.1.                     the Donation Ad is not fully completed with all required information and submitted and received during the ReFresh Period; and/or

4.3.2.                     your Donation Ad (or a component thereof) does not comply with the specific submission requirements listed below in paragraph  5 (Donation Ad Submission Requirements) (all as determined by Gumtree in its sole and absolute discretion).

4.4.             The Released Parties (as defined in paragraph 6 (License) below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Donation Ads (all of which are void).

4.5.             All Donation Ads are subject to verification at any time and for any reason.

4.6.             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):

4.6.1.                     for the purposes of verifying an individual’s eligibility to participate in the ReFresh Campaign;

4.6.2.                     for the purposes of verifying the eligibility and/or legitimacy of a Donation Ad entered (or purportedly entered) for the purposes of the ReFresh Campaign; and/or

4.6.3.                     for any other reason Gumtree deems necessary, in its sole and absolute discretion, for the purposes of administering the ReFresh Campaign in accordance with these Rules.

  1. DONATION AD SUBMISSION REQUIREMENTS:

5.1.             By submitting a donation ad, you agree that the donation ad, and the intended item and/or service (and each individual component thereof) complies with all conditions stated in these Rules.

5.2.             The released parties (defined in paragraph 6 (license) below) will bear no legal liability regarding the use of your donation ad and the intended item and/or service or any component thereof.

5.3.             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.

5.4.             By participating in the ReFresh Campaign, each entrant hereby warrants and represents that his/her Donation Ad and the intended Item and/or Service (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 libelous, 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 Donation Ad and upon selection also the intended Item and/or Service.  Any Entry Email, intended Item and/or Service 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 Donation Ad, Item and/or Service (or any component thereof), or to request an entrant to modify, edit and/or re-submit his or her Donation Ad, Item and/or Service (or any component thereof), in order to ensure that the Donation Ad, Item and/or Service (or any component thereof) complies with these Rules, or for any other reason. Gumtree ultimately reserves the right to reject a Donation Ad, Item and/or Service.

  1. LICENSE

By entering the ReFresh Campaign and submitting a Donation Ad, each entrant, to the extent permitted by law:

6.1.             grants to Gumtree, in perpetuity, a worldwide non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Donation Ad, in whole or in part, for advertising or promoting the ReFresh Campaign;

6.2.             waives all moral rights in and to his/her Donation Ad 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 Donation Ad (or any component thereof).

  1. DONATED ITEMS, SERVICES AND REIMBURSEMENT

7.1.             The Items donated and selected during the ReFresh Campaign will be collected at no cost from  the Supplier, but the Supplier will not be reimbursed or otherwise compensated in any way or manner for the Item(s) that they have donated.

7.2.             Where a Supplier was selected to render Services at the Facilities , that Supplier will  neither be reimbursed for the rendering of the services, nor for  travel costs to and from the Facility, accommodation or any ancillary expenses.

  1. DONATION SELECTION PROCESS:

8.1.             Gumtree will select the Items and Services offered by potential Suppliers to be used in the renovation and refurbishment of the Facility based on the Wish List provided by Little Pina Pina.

8.2.             Suppliers will be selected based on the suitability of the Items and Services to meet the needs set out in  the Wish List.

8.3.             Only Items available for collection in the Johannesburg area will be considered  for the ReFresh Campaign. Suppliers who donate Services have to be in a position to render such Services at the Facility.

8.4.             A representative of Gumtree will make 3 (three) attempts to contact the preferred Suppliers by phone and/or email.

8.5.             Preferred Suppliers identified and contacted must respond within 48 (forty eight) hours of being contacted, failing which another preferred Supplier will be selected.

8.6.             Once confirmed as a selected Supplier in accordance with these Rules, each selected Supplier’s details and photographs  may be posted on the Website, Gumtree blog and/or our Gumtree South Africa Facebook page  for up to 1 (one) month after the end of the Campaign  Period.

8.7.             To this end, Gumtree may require the preferred Suppliers (at no fee) to be identified and photographed (or may require the preferred Supplier to submit photographs of himself/herself) and the aforegoing to be published in any media within the context of the ReFresh Campaign. The public will be able to visit the Website, blog and Facebook page, and view the names and photos of the selected Suppliers.

8.8.             Prior to being officially declared by Gumtree as a selected Supplier, each preferred Supplier contacted  will be required to confirm (a) the handover of the Item and/or (b) the details of the provision of the Service.

8.9.             If the selected Supplier identified:

8.9.1.                     cannot donate (or is no longer willing to donate) the  applicable Item(s) and/or Service for any reason; and/or

8.9.2.                     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 participate in the ReFresh Campaign) and Gumtree reserves the right, in its sole and absolute discretion and time permitting, to select another Supplier from the same/or another pool of eligible potential Suppliers.

  1. 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:

9.1.             Any item and/or service is donated by a supplier at his/her own risk. By participating in the ReFresh Campaign and/or donating any item and/or service, the preferred and/or selected supplier, as the case may be, hereby indemnifies, releases and holds harmless DJ fresh as well as 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 (without limitation) injury, loss, damage, expense, claim or damages of any kind resulting in whole or in part, directly or indirectly, from participation in the ReFresh Campaign and/or the donation of an item and/or a service, and/or participation (or non-participation) in any ReFresh Campaign related activity.

9.2.             All Items and/or Services are for the benefit of the Facility and will (if applicable) become the property of the Facility. A selected Supplier will not have any claim against Gumtree and/or the Facility for compensation or recovery of any Item and/or Service donated under these Rules.

9.3.             The ReFresh Campaign is subject to all applicable national, provincial and municipal laws in South Africa.

9.4.             The decision of Gumtree with respect to all aspects of the ReFresh Campaign are final and binding on all Suppliers   without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Donation Ads, submission and/or entrants.

9.5.             The Released Parties will not be liable for:

9.5.1.                     any failure of the Website during the ReFresh Campaign;

9.5.2.                     any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software;

9.5.3.                     the failure of any Donation Ad to be posted, received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website;

9.5.4.                     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 ReFresh Campaign; and/or

9.5.5.                     any combination of the above.

9.6.             In the event of a dispute regarding who submitted a Donation Ad, Donation Ads will be deemed to have been submitted by the Authorized Account Holder of the email address associated with the Donation Ad (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 Donation Ad (as applicable) in question and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.

9.7.             Gumtree reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this ReFresh Campaign (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 the ReFresh Campaign as contemplated by these Rules.  Any attempt to deliberately damage the Website or to undermine the legitimate operation of the ReFresh Campaign 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.             By participating in the ReFresh Campaign, each potential Supplier expressly consents to Gumtree, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Donation Ad for the purpose of administering the ReFresh Campaign and in accordance with Gumtree’s privacy policy (available at: http://gumtreehelp.com/za/knowledgebase.php?article=120), unless the Supplier otherwise agrees.

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 Donation Ad 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 ReFresh Campaign 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 ReFresh Campaign-related materials; the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.

9.11.          A Supplier enters into the ReFresh Campaign at his/her own cost and account.

 

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