LUCKY DRAW TERMS AND CONDITIONS
1. All persons (“Participants”) entering the Kempston Group Competition (“Lucky Draw”) agree that the rules as set out in these terms and conditions (“Terms and Conditions”) are binding on them.
2. The Lucky Draw will be available for entry by those Participants whom fulfil the conditions of entry set out in Clause 4 hereof.
3. The “Promoter” is Vincemus Investments (Pty) Ltd T/A Kempston Group, Registration number: 1969/004762/07.
4. To enter the Lucky Draw, Participants must successfully complete all the following criteria:
4.1 take a photo or selfie with the Kempston Gold promotional vehicle, the photo/selfie must include the 50th logo on the side of the Vehicle;
4.2 share the photo on Facebook and tag the Kempston Group Facebook page
4.3 like or follow the Kempston Group Facebook page
4.4 email a copy of the photo/selfie to competitions@kempston.co.za
5. The Lucky Draw is open to entries between the 01st April 2023 to midnight on the 30th June 2023.
6. The Lucky Draw will take place on the 7th July 2023, the winners will be selected by an independent Auditor, whose selection and appointment shall be within the sole and absolute discretion of the Promoter. The Lucky Draw will be conducted in terms of a random name draw and will be live streamed via Facebook on the 7th of July 2023 at Kempston Group Head Office or as close hereto as reasonably possible.
7. The Winners will be contacted via email and/or via Facebook. The Promoter reserve the right to disqualify a winner if he/she does not respond to the email or telephone call within a period of 7 (Seven) days of winner selection and randomly select a replacement winner from the prospective Participants. In such circumstances, the replacement winner shall be contacted via email or Facebook by the Promoter as soon as reasonably possible and shall be required to respond to the Promoter in the manner set out in such correspondence. In the event that the replacement winner fails to respond to the Promoter as required, then the provisions of this clause shall apply to that new winner in the same way as if he/she were the original winner.
8. The Participants stand a chance to win the Lucky-Draw prizes, as advertised (the “Prize”) subject to the following conditions:
8.1 Each Participant may only be eligible for 1 (one) prize in the Lucky Draw;
8.2 the Promoter decision is final and no correspondence will be accommodated on any matter relating to the awarding of the Prize, the Prize content, the winning Participant or any other related matter;
8.3 any failure, non-compliance or shortcoming on the part of the winner, in relation to meeting these Terms and Conditions, may result in the cancellation of the Prize and a new draw taking place. In such an instance the preceding winner will be excluded from future draws; and
8.4 the winner must be willing to sign all indemnities and meet all requirements to redeem the Prize.
9. The Prize is non-transferable, cannot be sold or used in conjunction with any other promotional competition or redeemed in whole or part for cash.
10. The Promoter reserve the right to substitute the Prize with another of greater or equal value.
11. The Lucky Draw is open to all South African residents. The Lucky Draw is not available to the directors, members and/or direct employees of the entities commonly known as the Kempston Group, Ronnies Motors Trust and/or Kempston Motor Group Trust.
12. The Promoter takes no responsibility for winners who fail to collect their prize.
13. All risks in the prizes pass to the winner upon notification of having won a prize.
14. All prizes which are won are carried by the supplier thereof and not by the Promoter who finds the purchase of the prizes but is not the supplier thereof and the Promoter makes no warranties, whether explicit or implied with respect to the prizes.
EXCLUSIONS AND OTHER IMPORTANT TERMS
15. Nothing in these Terms and Conditions 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 Participants or the Promoter in terms of the Consumer Protection Act, 68 of 2008 (“CPA”).
16. The Participant acknowledges that by submitting his or her entry to the Lucky Draw he/she has been given an appropriate opportunity to first read these Terms and Conditions before entering and that he/she understands and accepts these Terms and Conditions.
17. All Participants to the Lucky Draw participate entirely at their own risk. By reading and accepting these Terms and Conditions, the Participant gives consent to these risks and hereby indemnifies and holds
harmless the Participants; their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries, death and/or losses of whatever nature sustained as a result of their participation in the Lucky Draw and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence of the indemnified parties.
18. The Promoter reserve the right to amend these Terms and Conditions as well as terminate the Lucky Draw at any time. In the event of such termination, all Participants agree to waive any rights that they may have in terms of the Lucky Draw and acknowledge that they will have no recourse against the Promoter, its advertising agencies, advisors, suppliers and nominated agents.
19. By entering the Lucky Draw in accordance with its terms, Participants acknowledge that the Lucky Draw will be managed in accordance with the provisions of the CPA. Winners undertake to expeditiously do all things necessary to enable the Promoter to comply with their obligations under the CPA including, but not limited to (i) providing such personal information as may be required in order to facilitate handing over the prize (including providing proof of address and identity) and (ii) signing receipt of the prize upon its collection at a location, date and/time as stipulated by the Promoter in correspondence to the winner. The Promoter and its affiliates will collect and use your personal data listed herein in order to enable your participation in this Lucky Draw and for related online activities.
20. The names of the winners will be published on the Promoter’ website and/or social media platforms, subject to the winner’s consent.
21. The Promoter shall conduct the Lucky Draw, and the Promoter’ decision on any matter related thereto, including the selection of winners is final.
22. The Promoter reserve the right to circulate the Participants personal information for purposes of this Lucky Draw and the Participant, by electing to participate in this Lucky Draw hereby irrevocably and unconditionally consents to the processing, storage, distribution and/or further processing of its personal information as defined in the Protection of Personal Information Act, 4 of 2013 for the purposes contemplated herein.
23. These Terms and Conditions shall be governed by the laws of the Republic of South Africa.
24. Please note that Checkers and/or the Promoter are not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after collection of the voucher by the winners.
25. The Lucky Draw is in no way sponsored, endorsed or administered by, or associated with Checkers.
26. Your personal data will be used to enter the Participant in the Lucky Draw and for the Promoter’s, its affiliates and subsidiaries’ marketing purposes and, by participating in the Lucky Draw, the Participant consents to the transfer, storage and processing of the data in South Africa, which consent may be withdrawn at any time by written notification to the Promoter. The Promoter will keep your personal data to fulfil the purposes for which it was collected or as required by applicable laws or regulations.
27. The Promoter accepts no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of entries. The promoter shall in no way be liable for any error, omission, interruption, defect, deletion and/or delay arising from any issue or technical malfunction of any network or telephone lines, computer systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter, including any injury or damage to Participant’s or any other person’s computer relating to or resulting from participation in this Lucky Draw or downloading any materials in this Lucky Draw.
28. This Lucky Draw is not administered, organised and/or endorsed by Facebook or any other social media forum. Entrants acknowledge that by participating in the Lucky Draw the Participant is providing his/her information to the Promoter and not to Facebook or any other social media platform. Any questions and/or complaints relating to the Lucky Draw must be sent to the Promoter directly.