1.1. Participation in this Competition is governed by these terms and conditions (the “Rules”).
1.2. Participants are encouraged to review the Rules before entering into the Competition and acknowledge that they been given an appropriate opportunity to do so and that they understand and accept these Rules.
1.3. This competition is operated by Tergro Group of Companies (Proprietary) Limited trading as Harcourts Tergro Group (the “Promoters”).
1.4. Participation in the Competition constitutes acceptance of these Rules and Participants agree to abide by these Rules.
1.5. By participating in this Competition, Participants agree to the rules set out below.
Participants will automatically be included in the competition upon the signing of a 90 (Ninety) Day Exclusive Marketing Competition Mandate to sell their immovable property (the “Mandate”) with the Promoter. The contents of the mandate will be discussed with each participant on a one-on-one basis.
Each mandate signed will constitute 1 (one) entry into the draw. No one property may enter the draw more than 2 (two) times during the competition duration.
This Competition is not limited to residents of South Africa. However, the following people shall not be eligible to participate in this Competition:
2.1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters.
2.2. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.
2.3. Persons under the age of 18 years.
The Competition shall commence on 1 June 2019 and will end on 30 April 2020. No entries received after 30 April at 23:59:59PM will be considered.
The following prizes is available to be won:
1st Prize – New Nissan Micra
2nd Prize – R 50 000 (Fifty Thousand Rand) cash back
3rd Prize – Luxury Liner Cruise of Participants choice to the value of R 25 000 (Twenty-Five Thousand Rand)
The relevant prizes are more fully described below:
4.1 1st Prize
Brand New Nissan Micra 66Kw Turbo Acenta PLUS. Visit www.nissan.co.za to view features and specifications. Car colour will be white and will only include the manufacturers specifications and warranties offered by the manufacturer. The promoter will not accept any responsibility from date of handover of prize. The Promoter will only insure the prize for no longer than 72 hours after handover has taken place.
4.2 2nd Prize
The full commission amount as per the mandate to the maximum of R 50 000.00 (Fifty Thousand Rand). Should the mandate amount be R 80 000 (Eighty Thousand Rand) for example then only R 50 000 (Fifty Thousand Rand) will be won, however should the mandate commission amount be R 35 000 (Thirty Five Thousand Rand) for example then only the R 35 000 (Thirty Five Thousand Rand) will be won. Funds will be transferred into the winners nominated account within 72 hours from date of announcement of winners.
4.3 3rd Prize
An all-inclusive and all-expenses paid luxury liner cruise departing from SA of the winner’s choice to a maximum amount of R 25 000.00 (Twenty-Five Thousand Rand). Cruise to be redeemed and booked by no later than 30 June 2020. Visit www.msccruises.co.za for more details and various cruise options available.
5.1 Once the Promoter’s dedicated management receives the signed Competition Exclusive Mandate together with all relevant FICA documentation, the Promoter will notify the Seller/Participant of their place in the draw.
5.2 All notifications of whatever nature will be done via the use of sms and/or Whatsapp and/or email to the relevant contact details provided by the Seller/Participant in clause 10 of the Competition Exclusive Mandate
The promoter’s nominated auditors are Theron & Peterson Inc (the “auditors”) situated in Rosebank, Gauteng. They will be the independent body that ensure transparency and they will be the final judges and auditors that will nominate the winners. The auditor’s decision is final and no further correspondence will be entered into.
6.1 Within 15 (Fifteen) days after the end date of the competition the auditors will have a first draw of 25 participant winners.
6.2 The above mentioned 25 participant winners will be formally notified that they were selected as winners in round 1 to attend the Gala function. Full details will be provided upon notification. These selected 25 participants will be known as the winning pool (the “pool”).
6.3 All 3 prizes will be won by the winning pool. Only the participants of the pool attending the Gala function will be entered and be eligible to win any of the prizes. No one participant will be allowed and entitled to win more than 1 (one) prize. As soon as a participant has won a prize, he/she will be excluded from further draws.
6.4 The venue, date and time of the Gala event will be forwarded to the winning pool. All participants will receive communication of the names of the winning pool.
6.5 The 3rd Prize will be drawn first, followed by the 2nd Price. Then the final draw will take place nominating the final 5 entrees that are eligible to win the 1st Prize. These final 5 entrees will be given the opportunity to personally and manually select a key and a number. They will then in an “old-fashioned” way be allowed to within the number and key provided, to investigate if their key opens the car door. The holder of the key that opens the car will be the winner of the 1st Prize.
6.6 The Promoters are not responsible for any risk and / or damages that may occur once any of the prizes are handed over to the winner(s).
6.7 If the Promoters are unable to reach any of the potential prize winners after 3 (three) attempts made within 3 (three) working days of their name being drawn, for whatsoever reason, including incorrect telephone numbers or inoperative telephone numbers, such winner will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.
7.1. The judges’ decision is final, and no correspondence will be entered into.
7.2. The Promoters may require the winner to complete and submit an information disclosure agreement to enable the Promoters to ensure compliance with these Rules. Should the winner be found not to have complied with these Rules, he/she will automatically be disqualified, and the prize will be forfeited. Winners may also be required to sign acceptance of prizes and indemnity documents.
7.3.The prizes are not transferable, and no substitution or cash redemption of prizes is permitted. The prize will not be handed/awarded to a third party, but only to the verified prize winner.
7.4. The Promoters reserve the right, at their sole discretion, to substitute the prize with any other prize of comparable or greater commercial value for whatever reason.
7.5. By entering, a Participant acknowledges that personal information about the Participant will be shared with the Promoters and their agents to the extent necessary to conduct the Competition and for prizes to be delivered to prize winners.
7.6. Product images depicting the prizes are for illustrative purposes only and may differ from the actual prizes.
7.8. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall at all times be entitled to decline the above request. Participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of the Promoters.
7.9. Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 ("CPA").
7.10. All Participants participate entirely at their own risk. By reading and accepting these Rules, the Participants give consent to these risks and hereby indemnifies and holds harmless the Promoters, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Promoters.
7.11. The Promoters, their directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participants, or accept any liability for: (a) any inability by the Participant to use the prize in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize.
7.12. The Promoters, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than the Promoters themselves.
7.13. The Promoters reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Promotion and acknowledge that they will have no recourse against the Promoters, its advertising agencies, advisors, suppliers and nominated agents. This will however only be allowed in severe circumstances beyond reasonable control of the Promoters.
7.14. By entering the Competition, Participants acknowledge that the Promotion will be managed in accordance with the provisions of the CPA. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize.
7.15. Notwithstanding anything to the contrary contained in these Rules, the Promoters reserve the right to amend, modify, change, postpone suspend or cancel this Competition, the Rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which the Promoters deem necessary. At the end of the Competition for whatsoever reason, all of the Promoters’ obligations in regard to the Competition as well as in regard to the prizes shall cease to exist.
7.16. These Rules shall be governed by and interpreted according to the laws of the Republic of South Africa and any Participant and Promoter’s consent to the non-exclusive jurisdiction of the High Court of South Africa.
7.17 For further information or enquiries please email our consumer services at firstname.lastname@example.org or visit our website www.winwithharcourts.co.za