1. GENERAL TERMS AND CONDITIONS
1.1. The Beame Traffic Sponsorship (the “Campaign”) is organised by MiX Telematics Africa (Pty) Ltd (the “Promotor”).
1.2. The Beame Traffic Sponsorship Campaign is only applicable to permanent residents and citizens of South Africa.
1.3. Participation by all entrants constitute acceptance of these rules as interpreted by the Promotor, whose decision regarding any dispute will be final and binding.
1.4. Only one Participant can win the R3000 prize daily and this decision is final.
1.5. To stand a chance of winning the daily prize, the Participant is required to:
a. Be a permanent resident and citizen of South Africa;
b. Be in possession of a valid South African bank account for the transfer of winnings.
1.6. The Participant will be selected via random lucky draw by the Promotor and the winner of the daily prize will be notified within 10 (ten) working days thereafter by email and/or telephonically by the Promotor. The winner selected by the Promotor will be final and the Promotor will not enter into any discussions about the selection.
1.7. Prizes are not redeemable for Beame products and/or services.
1.8. If the Promotor 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.
1.9. The Participant agrees to defend and indemnify the Promotor 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 any way.
1.10. 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.
1.11. The Promoter reserves the right, in its sole discretion and to the extent permitted by law, to amend these T&C’s 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.
1.12. 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.
1.13. These T&Cs must be read in conjunction with such other provisions that are imposed by the third parties (radio stations), which the Promoter has enlisted to provide the on-air communication of this campaign, and the Participant must familiarise himself/ herself with those provisions.
1.14. By participating in the Campaign, The Participant confirms to having read,understood and agreed to these T&Cs, as they may be amended from time to time. By continuing Participation and receipt of the prize, 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.
1.15. By entering the Campaign, the Participant agrees to receive communication from the Promoter.
1.16. 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 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.
1.17. 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.
1.18. 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.
1.19. The Promoter and its agencies reserve the right to correct any errors and omissions.
1.20. 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.
1.21. The Participant must adhere to any South African Tax Laws linked to Rewards 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.
1.22. The Promoter’s domicilium citandi et executandi (place for service of legal documents) is 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;
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 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 prize payment to the Participant.
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 Reward Partner 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.
5. CONSUMER PROTECTION ACT
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 Consumer Protection Act 68 of 2008, 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 supply proof of a valid South African bank account as well as identify themselves with a bar coded South African ID book and/or valid passport for transfer of prize
6.4. The Promoters may refuse to award the prize to a Participant if there is suspicion of any irregularities or fraudulent activities.