1. GENERAL TERMS AND CONDITIONS
1.1 The Keep Your Cool Campaign (the “Campaign”) is organised by MiX Telematics Africa (Pty) Ltd (the “Promoter”).
1.2 The Keep Your Cool Campaign is only applicable to existing Beame customers (the “Participant”) with an active contract.
1.3 Participation by all entrants constitutes acceptance of these rules as interpreted by the Promoter, whose decision regarding any dispute will be final and binding.
1.4 Only twelve individual Participants can win one of the twelve prizes and this decision is final.
1.5 To stand a chance of winning, the Participant is required to:
a. Be a permanent resident and citizen of South Africa;
b. Be an existing Beame customer with an active contract.
1.6 The Participant will be selected via random lucky draw by the Promoter and the winners will be notified within 10 (ten) working days thereafter by email and/or telephonically by the Promoter. The winners selected by the Promoter will be final and the Promoter will not enter into any discussions about the selection.
1.7 Prizes are not redeemable for cash.
1.8 The Prize includes vouchers entitled to the bearer for accommodation, meals and excursions at selected venues within South Africa, to the value of R10 000 in total.
1.9 All bookings must be made directly by the Participant via the selected travel agent or via the www.dreamresorts.co.za/hotels-resorts website.
1.10 The resort prizes excludes, but is not limited to: Laundry charges, landline calls made from the hotel room, mini-bar charges, transport to and from the winner’s home and the hotel, in-house movies, entertainment, travel insurance, travel, spending money, alcohol and any other incidentals will be for the Participant’s own expense.
1.11 Upon arrival at the selected venue, the Participant’s banking or credit card details will be requested or a room deposit will be required. All additional costs incurred during the stay will be charged to this card or deposit upon check out, excluding costs covered by the Promoter.
1.12 The voucher can only be used at one hotel/resort over consecutive nights.
1.13 Should the booking cost more than the value of the voucher, the additional cost will be for the Participant’s own expense.
1.14 The winner of the prize must be one of the guests staying in the booked accommodation. The prize is not transferable.
1. 15 If the Promoter is unable to reach any person or complete the verification process after drawing his/her entry for whatsoever reason, such a person will be disqualified and another participant will be contacted under the same Terms and Conditions.
1.16 If the prize is not claimed within 14 (fourteen) days of prize notification, the winner surrenders claims to the prize and the next selected runner-up will receive the prize.
1.17 The Participant agrees to defend and indemnify the Promoter and its respective directors, officers, agents, employees and assigns from and against any and all claims, loss, damage and/or liability arising out of and/or from their participation in the competition and the prize in any way.
1.18 The campaign will run from 1 May 2019 to 30 April 2020 with monthly closing dates for each prize.
1.19 No directors, employees, members, partners, agents, consultants or any person directly or indirectly controls or is controlled by the Promotor may participate in this competition.
1.20 The Promoter reserves the right, in its sole discretion and to the extent permitted by law, to amend these T&Cs at any time. The Promoter may notify the Participant of any significant changes, however, there is no obligation on the Promoter to do so and it remains the responsibility of the Participant to check these T&Cs regularly on the website and/or any other communications medium applicable.
1.21 The Promoter has the right to terminate the Campaign (“Termination”) immediately and without notice for any reason that is beyond the control of the Promoter. In the event of such Termination, the Participant agrees to waive any rights that the Participant may have in terms of this Campaign and acknowledge that the Participant will have no recourse against the Promoter.
1.22 These T&Cs must be read in conjunction with such other provisions that are imposed by the third parties, which the Promoter has enlisted to provide the prize, and the Participant must familiarise him-/ herself with those provisions.
1.23 By participating in the Campaign, the Participant confirms having read and understood and agrees to be bound by these T&Cs, as they may be amended from time to time. By continuing Participation and use of the prizes, after the Promoter has modified and/or amended these T&Cs, the Participant agrees to be bound by such modified T&Cs. If the modified T&Cs are not acceptable to the Participant, the Participant must terminate his / her participation.
1.24 The prizes are subject to availability. Participating venues reserve the right to vary times and offer availability (e.g. public holidays, peak season).
1.25 By entering the Campaign, the Participant agrees to receive communication from the Promoter.
1.26 To the extent allowed by law, these T&Cs set out the whole of the agreement between the Participant and the Promoter in regard to the subject matter hereof and there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which the Participant is relying in concluding these T&Cs and the Promoter shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. This clause constitutes an acknowledgement of fact by the Participant. The Participant must ensure that the Participant reads the clauses carefully and ensures that this statement is true and correct, as this will limit the rights of the Participant to claim that these statements are not true and correct.
1.27 To the extent allowed by law, no extension of time or indulgence which the Promoter may grant to the Participant shall constitute a waiver of any of the Promoter’s rights, who shall not thereby be precluded from exercising any rights against the Participant which may have arisen in the past or which might arise in the future. This clause limits and excludes obligations, liabilities and legal responsibilities which the Promoter will have towards the Participant and also limits and excludes rights and remedies available to the Participant and places various risks, liabilities, obligations and legal responsibilities on the Participant.
1.28 These T&Cs shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties hereby consent to the jurisdiction of the Magistrate’s Court, in respect of any proceedings arising out of or in connection with these T&Cs.
1.29 Any provision in these T&Cs that is or may become illegal, invalid or unenforceable shall, to the extent of such prohibition or unenforceability, be ineffective and treated as having not been written and severed from the balance of these T&Cs, without invalidating the remaining provisions of these T&Cs.
1.30 The Promoter and its agencies reserve the right to correct any errors and omissions.
1.31 The Participant agrees that the Promoter may send any notice or notification arising under and/or contemplated in these T&Cs by electronic mail or other electronic communication to the contact details provided by the Participant when the Participant subscribed to the Promoter.
1.32 The Participant must adhere to any South African Tax Laws linked to prizes received or redeemed by the Participant. It is the sole responsibility of the Participant to adhere to and do the necessary submission if and when applicable.
1.33 The Promoter’s domicilium citandi et executandi (place for service of legal documents) is MiX Telematics, Waterfall Office Park, Howick CIose, Midrand, 1685.
2. WARRANTIES AND LIABILITY
2.1. To the extent allowed by law, the Participant agrees that the Promoter shall not be liable to the Participant or any other person or entity whatsoever in respect of any loss or damage:
2.1.1.caused by or arising from any fact or circumstance beyond the reasonable control of the Promoter;
2.1.2.which is consequential or incidental loss or damage;
2.1.3.of whatever nature and howsoever arising from or in connection with the Participant’s Participation and/or use/consumption of the prize and/or any arrangement with any participating hotels/resorts;
2.1.4.arising from any disclosure or use of any information the Participant provide to the Promoter; and/or
2.1.5.arising from a breach of any security system, which may be implemented, by the Promoter and/or any service provider to the Promoter.
2.2. The Participant must in its sole discretion decide as to whether it will accept and redeem the prize, and accepts full responsibility for the prize and any consequences arising from the Participant’s use and enjoyment of the prize. If the Participant does not wish to accept the prize that has been offered or is available to the Participant, then the Participant must advise the Promoter accordingly, and the Promoter may, in its sole discretion, elect to cancel the prize or appoint another winner.
3. INDEMNITY
3.1. To the extent allowed by law, the Participant hereby holds the Promoter free from liability for loss or damage of whatever nature and howsoever arising from Participation and/or failure of the Participant to comply with any provision and/or obligation under these T&Cs. This clause constitutes a waiver of liability by the Participant.
4. PRIVACY
4.1. The Promoter will not share any of the personal information of the Participant with any third party except where such disclosure is necessary to enable the Promoter to provide same to the participating hotel/resort, where such disclosure is required by law or where the Participant consents to the Promoter sharing the Participant’s personal information.
4.2. To the extent that the Promoter shares the personal information of the Participant with third parties in accordance with this clause 4, the Promoter will require, to the extent possible, that such parties conform to the Promoter’s privacy standards.
4.3 The Participant may request that the Promoter and or the third parties correct personal information of the Participant, should it come to the attention of the Participant that the Promoter’s records are incorrect.
4.4. The Promoter will protect the Participant’s personal information as required by law. However, to the extent allowed by law, the Promoter shall not be liable to the Participant or any other person or entity whatsoever, in respect of the unauthorised disclosure of the Participant’s personal information.
4.5. In accordance with the POPI Act, the Participant may request the Promoter to review which of the Participant’s personal information it holds and may request the Promoter to delete such information. This clause limits and excludes obligations, liabilities and legal responsibilities which the Promoter will have towards the Participant and also limits and excludes rights and remedies of the Participant and places various risks, liabilities, obligations and legal responsibilities on the Participant.
5. CONSUMER PROTECTION ACT (CPA)
5.1. Nothing in these T&Cs:
5.1.1. limits or exempts the Promoter from liability for any loss directly or indirectly attributable to the gross negligence of the Promoter or any person acting for or controlled by the Promoter to the extent that the law does not allow this;
5.1.2. requires the Participant to assume risk or liability for this kind of loss to the extent that the law does not allow this.
5.2. If these T&Cs and/or any goods and/or services provided under these T&Cs are regulated by the CPA, it is not intended that any provision of these T&Cs contravenes any provision of the CPA and therefore all provisions of these T&Cs must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.
6. COMPETITION DRAW
6.1. Except in so far as is provided for in the CPA, the Promoter’s decision is final and no correspondence will be entered into.
6.2. Participants will not be entitled to claim any royalties or any intellectual property rights from the Promoter, and the intellectual property rights of the Promoter are strictly reserved, and the Participant has no licence to the use of same without the prior written consent of the Promoter, respectively.
6.3. Participants may be required to identify themselves with a bar-coded South African ID book and/or valid passport and sign a prize receipt form received and/or provide an address or other information to facilitate the prize being delivered to them. Failure to claim the prize or inability to comply with these T&Cs will disqualify the Participant from being able to receive the prize.
6.4. The Promoters may refuse to award the prize to a Participant if there is suspicion of any irregularities or fraudulent activities.