GUMTREE DIY – Terms and Conditions
Gumtree DIY – How to sell with Suzelle (“Sale”)
RULES/TERMS & CONDITIONS
By engaging in the Sale, prospective purchasers agree to be bound by the terms and conditions below (“Rules”) applicable to this Sale 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 Sale if you do not agree to be bound by the Rules and if you do participate in this Sale, 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 Sale, with immediate effect by removing the Sale Items from its Website.
This Sale shall be governed by the laws of South Africa.
1.1. Popular South African YouTube channel, Suzelle DIY (“Suzelle”) is a well-known DIY web-series.
1.2. Suzelle will be advertising 25 (twenty five) items (“Sale Items”) on the Website as part of the Sale.
1.3. During the Sale, fans and potential purchasers will have the opportunity to view Suzelle’s items on the Website and submit motivations to Gumtree as to why they deserve to purchase one or more of the items.
1.4. Suzelle will, within her sole discretion, select the fan with the most compelling motivation to be her purchaser of choice for each of the Sale Items and Suzelle’s duly authorised agent for the time being (Ogilvy & Mather South Africa (Proprietary) Ltd) (“Ogilvy”) will contact such preferred purchasers directly.
1.5. Each of the purchasers selected for each of the Sale Items, will be required to make payment of the purchase price in full to Ogilvy for the relevant Sale Item, which will then be delivered to their specified address. Payment of the purchase price may be made to such authorised agent in cash or by way of an electronic funds transfer. Such purchase price shall then be donated to Suzelle’s preferred charity, Rock Girl.
- SALE PERIOD
The Sale period commences on [July 30, 2015] at 09:00:01 a.m. South Africa Standard Time (“SAST”) and ends on [August 12, 2015] at [11:59:59 p.m. SAST] (“Sale Period”). No entries received after the Sale Period will be accepted.
- ELIGIBILITY TO PARTICIPATE IN THE SALE
3.1. In order to be eligible for participation in the Sale which will be run for the Sale Period, a potential purchaser must:
3.1.1. be a South African citizen or permanent resident of South Africa;
3.1.2. be 16 years or older on the date that you participate in the Sale;
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 Sale 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 purchaser represents and warrants that by entering in or participating in this Sale, 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 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 Sale will be the Sale server machine(s).
3.4. The following persons are not eligible to participate in the Sale:
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 Sale
(collectively, the “Gumtree Affiliates”).
- HOW TO PARTICIPATE
4.1. To enter the Sale:
4.1.1. visit www.gumtree.co.za and follow the online banners to find the items being sold by Suzelle;
4.1.2. select the Sale Item(s) that you wish to purchase by viewing the Gumtree ad post for the Sale Item(s);
4.1.3. once you have selected the Sale Item(s) you wish to purchase, you will be required to send an email (“Entry Email”) to the address specified in the ad post;
4.1.4. in the email, you must provide the following required information:
126.96.36.199. a motivation as to why you should be chosen to purchase the specified Sale Item(s); and
188.8.131.52. your contact details, including full name, valid email address, valid daytime delivery address.
4.2. There is a limit of one (1) Entry Email per person/email address per Sale Item during the Sale Period. You are able to submit an Entry Email for as many Sale Items as you wish, but you are permitted to submit only one Entry Email per Sale Item.
4.3. For greater certainty and the avoidance of any doubt, you can only use one (1) email address to enter the Sale.
4.4. 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:
4.4.1. obtain more than one (1) Entry Email per item during the Sale Period; and/or
4.4.2. 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 Sale;
then he/she may be disqualified from the Sale in the sole and absolute discretion of Gumtree.
4.5. Your Entry Email may be rejected if (in the sole and absolute discretion of Gumtree):
4.5.1. the Entry Email is not fully completed with all required information and submitted and received during the Sale Period; and/or
4.5.2. 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).
4.6. 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).
4.7. All Entry Emails are subject to verification at any time and for any reason.
4.8. 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):
4.8.1. for the purposes of verifying an individual’s eligibility to participate in the Sale;
4.8.2. for the purposes of verifying the eligibility and/or legitimacy of an Entry Email entered (or purportedly entered) for the purposes of this Sale; and/or
4.8.3. for any other reason Gumtree deems necessary, in its sole and absolute discretion, for the purposes of administering the Sale in accordance with these Rules.
- EMAIL ENTRY SUBMISSION REQUIREMENTS:
5.1. BY SUBMITTING AN ENTRY EMAIL, YOU AGREE THAT THE ENTRY EMAIL (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 ENTRY EMAIL 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 Sale, each entrant hereby warrants and represents that his/her Entry Email (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 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 Sale and submitting an Entry Email, 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 Entry, in whole or in part, for advertising or promoting the Sale;
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 PURCHASED ITEMS AND APPROXIMATE RETAIL VALUE:
7.1. The Sale Items available for purchase on the Website are selected by the potential purchasers and consists of the chosen Sale Item, or a new or similar version of the selected Sale Item. A preferred purchaser will be chosen for each of the 25 items.
7.2. Each Sale Item must be accepted as purchased and is not transferable, assignable or convertible to cash (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 any Sale Item or a component thereof with an item of equal or greater value.
7.5. Each Sale 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 Sale Items will only be awarded to the preferred purchasers more fully contemplated in 8 (Preferred Purchaser Selection Process) who have made full payment for the Sale Item in respect of which they have submitted motivation to purchase. Once purchased, a Sale Item may not be exchanged for its cash value.
- PREFERRED PURCHASER SELECTION PROCESS:
8.1. A representative of Gumtree and/or Suzelle DIY will select 1 (one) preferred purchaser for each of the 25 (twenty five) Sale Items.
8.2. All preferred purchasers will be selected based on the motivations provided in their Entry Emails.
8.3. A representative of Gumtree will make 3 (three) attempts to contact the preferred purchasers by phone and/or email.
8.4. Preferred purchasers identified and contacted must respond within 24 (twenty four) hours of being contacted, failing which the preferred purchaser forfeits their right to the Sale Item, and another preferred purchaser will be selected.
8.5. Once confirmed as a preferred purchaser in accordance with these Rules, each preferred purchaser’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 Sale Period.
8.6. To this end, Gumtree may require the preferred purchasers (at no fee) to be identified and photographed (or may require the preferred purchaser to submit photographs of himself/herself) and the foregoing to be published in any media within the context of the Sale. The public will be able to visit the Website, blog and Facebook page, and view the winning names and photos.
8.7. Prior to being officially declared the preferred purchaser, each preferred purchaser contacted will be required to make payment for the Sale Item selected for purchase.
8.8. If the potential purchaser identified:
8.8.1. cannot pay for (or is unwilling to pay for) the applicable Sale Item(s) (as awarded) for any reason; and/or
8.8.2. 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 receive the applicable Sale Item) and Gumtree reserves the right, in its sole and absolute discretion and time permitting, to select another preferred purchaser at random from the same/or another pool of eligible potential purchasers.
- 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. BY PARTICIPATING IN THE SALE AND/OR PURCHASING ANY SALE ITEM, THE POTENTIAL AND/OR PREFERRED PURCHASERS, AS THE CASE MAY BE, HEREBY INDEMNIFY, RELEASE AND HOLD HARMLESS SUZELLE 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 INJURY, LOSS, DAMAGE, EXPENSE, CLAIM OR DAMAGES OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE SALE, AND/OR THE USE, ACCEPTANCE OR POSSESSION OF A SALE ITEM, AND/OR PARTICIPATION (OR NON-PARTICIPATION) IN A SALE-RELATED ACTIVITY
9.2. ANY SALE ITEM IS ACCEPTED BY A PREFERRED PURCHASER AT HIS/HER OWN RISK AND GUMTREE IS NOT LIABLE, AT ANY TIME AND IN ANY MANNER WHATSOEVER, FOR ANY DEFECT IN THE SALE.
9.3. All Entry Email materials become the property of Gumtree.
9.4. The Sale is subject to all applicable national, provincial and municipal laws in South Africa.
9.5. The decision of Gumtree and/or Suzelle with respect to all aspects of the Sale are final and binding on all potential purchasers without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entry Emails, submission and/or entrants.
9.6. The Released Parties will not be liable for:
9.6.1. any failure of the Website during the Sale;
9.6.2. any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software;
9.6.3. 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;
9.6.4. 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 Sale; and/or
9.6.5. any combination of the above.
9.7. 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.
9.8. Gumtree reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Sale (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 Sale as contemplated by these Rules. Any attempt to deliberately damage the Website or to undermine the legitimate operation of this Sale 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.
9.10. 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 Sale as contemplated in these Rules, or for any other reason.
9.11. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Sale-related materials; the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.