RUGBY WORLD CUP LAND ROVER EXPERIENCE COMPETITION TERMS AND CONDITIONS

1.         Introduction

1.1                   These general terms and conditions set out the rules (the "Competition Terms") which apply to the Rugby World Cup Experience Competition (the "Competition").

1.2                   This Competition is promoted by Jaguar Land Rover (South Africa) Proprietary Limited, a company incorporated in the Republic of South Africa with registered office 28 Victoria Link, Route 21 Corporate Park, Nellmapius Drive, 1667, South Africa and registration number 2001/027269/07, (“Land Rover” or "we"/"us").

1.3                   There are no entry fees to participate in this Competition.

1.4                   All references to "you" and "your" in these Competition Terms are references to each person that enters or participates in the Competition, or who wishes to enter or participate in the Competition.

1.5                   By entering the Competition, you accept and fully agree to the Competition Terms. If you do not accept or agree to the Competition Terms, then you are not allowed to enter the Competition and will be disqualified.

2.         Who can enter the Competition?

2.1                   To be eligible to enter the Competition and to be eligible to receive the Prize, you must meet all of the following requirements:

2.1.1                           you must be a natural person resident in the Republic of South Africa;

2.1.2                           you must be at least 18 years of age or older;

2.1.3                           you must possess a valid South African driver's licence (which has not expired);

2.1.4                           you must possess a passport that is valid until at least 31 March 2016 with at least 4 unused pages for VISA entries at the time of travelling as part of the prize;

2.1.5                           you must be available to travel to the Rugby World Cup in the United Kingdom during September 2015; and

2.1.6                           you must not be disqualified from entering the Competition under paragraph 2.2 of these Competition Terms.

2.2                   You are not entitled to enter this Competition if you are:

2.2.1                           a director, member, partner, employee, agent and/or consultant of

2.2.1.1                                    Land Rover;

2.2.1.2                                    any person who directly or indirectly controls or is controlled by Land Rover; or

2.2.1.3                                    any supplier, sponsor or advertiser of goods or services in connection or affiliated with the Competition, and

2.2.2                           the immediate family members (spouses, life partners, parents, grandparents, siblings, children and grandchildren) or business partners of any person mentioned in 2.2 above.

2.3                   Land Rover can at any time request you to provide proof that you meet the requirements set out in paragraph 2.1 of these Competition Terms.

3.         What is the Prize?

3.1                   The prize is double tickets to the Rugby World Cup 2015 in the United Kingdom, which includes flights, accommodation, selected meals, transfers and match tickets to 2 matches selected by Land Rover (the "Prize").

3.2                   The Prize will be provided by Land Rover.

3.3                   The Prize will be awarded to the winner, who may nominate another adult guest to accompany him/her ("Guest").

3.4                   There is no cash alternative to the Prize and the Prize cannot be redeemed or exchanged for cash by you.

3.5                   The Prize is non-negotiable by you. The Prize may not be redeemed or exchanged by the winner or Guest for any cash or other alternative, is not transferable, divisible, permitted to be sold or resold, or offered for sale or for other consideration by the winner or Guest. The Prize is not for use in conjunction with any other promotion or offer. The Prize (or any part of a Prize to the extent divisible) cannot be replaced or refunded by the winner or Guest in the event of loss, theft or missed opportunity.

4.         Exclusions, responsibilities liability and additional costs and expenses to be paid by the winner and Guest

This paragraph 4 has important legal consequences for you.  In these paragraphs:

·      we set out various costs, losses, damages, expenses and taxes that are not included in the Prize;

·      the responsibilities and liability of Land Rover are excluded or limited;

·      the winner and the Guest take on various responsibilities and liability; and

·      the winner and the Guest  take on the responsibility and liability for certain costs, losses, damages, expenses and taxes that might need to be paid.

By entering the Competition, you agree to the various limits and exclusions from the Prize. You also agree that if you are the winner, then you and your Guest will have the responsibilities and liability listed in this paragraph 4 and will also be responsible and liable for the costs, losses, damages, expenses and taxes that might need to be paid. 

 

4.1                   The Prize does not include the following, and the winner and Guest will be exclusively responsible at their cost for the following:

4.1.1                           any costs or expenses relating to enjoyment or receipt of the Prize which are not expressly specified in these Competition Terms;

4.1.2                           additional transportation, additional food and beverages, gratuities, incidental costs, baggage costs, telephone calls, data and roaming charges, excursions, charges for changing dates and/or reservations, additional accommodation, and any other expenses that might be incurred by the winner or Guest in receiving or using the Prize, unless expressly specified to the contrary in these Competition Terms;

4.1.3                           obtaining all necessary identification and travel documents and visas required for travel, including but not limited to a valid passport (containing at least four unused pages) valid for at least 6 months after  the time of travel;  

4.1.4                           paying all potential taxes due, or levied, as a result of being awarded a Prize;

4.1.5                           medical expenses;

4.1.6                           obtaining travel insurance, including coverage for any pre-existing medical conditions and for any additional costs as may be specified by Land Rover or any other person where the winner and/or Guest are over a particular age; and

4.1.7                           deposits to be charged to a credit or debit card for security deposit purposes when checking into any hotel included in the Prize.

4.2                   The Prize, if won, may result in time off work or study. You must ensure prior to entering the Competition that you and your Guest are able to take this time off work or study, where necessary. It is the sole responsibility of the winner and Guest to arrange time off if necessary and to pay for any costs associated with this.

5.         How to Enter

5.1                   In order to enter the Competition, you must follow the entry process set out below.

5.2                   You must complete a Land Rover Experience course or experience facilitated by an approved Land Rover Experience centre.

5.3                   The approved Land Rover Experience centres are:

5.3.1                           Land Rover Experience Inchanga;

5.3.2                           Land Rover Experience Kyalami;

5.3.3                           Land Rover Experience Gerotek; and

5.3.4                           Land Rover Experience Western Province.

5.4                    Entry is automatic on completion of a Land Rover Experience course or experience.

5.5                   Only one entry is permitted per person.

5.6                   The Competition opens on 22 April 2015 (the “Opening Date”). Land Rover Experience courses or experiences completed prior to this date will not qualify as an entry into the Competition.

5.7                   The Competition closes on 24 June 2015 (the “Closing Date”). Land Rover Experience courses or experiences completed after this date will not qualify as an entry into the Competition.

5.8                   As far as the law allows, all entries are deemed to be entered into the Competition at the time of receipt by Land Rover.

5.9                   Incomplete or indecipherable entries will not be accepted as valid. Entries that are completed or entered which are not in compliance with these Competition Terms will be disqualified.

5.10                Land Rover reserves the right, at any time, to reasonably request further information or documentation in order to verify the validity of entries and entrants (including, without limitation, an entrant’s identity, age, and place of residence).

5.11                Land Rover reserves the right, acting reasonably, to disqualify any individual who Land Rover has reason to believe has breached any of these Competition Terms, tampered with the entry process or engaged in any unlawful or other improper conduct calculated to jeopardise fair and proper conduct of the Competition. Land Rover may, acting reasonably, prohibit such entrant from being eligible for future participation in competitions run by Land Rover.

5.12                Errors and omissions may be accepted at Land Rover’s discretion.

5.13                Failure by Land Rover to enforce any of its rights at any stage does not constitute a waiver of those rights. Land Rover’s legal remedies and its rights to recover damages or other compensation from you or any other person are reserved.

5.14                If there is a dispute as to the identity of an entrant, Land Rover reserves the right, acting reasonably, to determine the identity of the entrant.

5.15                Land Rover may instruct a third party agency to monitor and review submitted entries and, to the extent that such entries do not meet the eligibility criteria or otherwise infringe these Competition Terms, such agency may disqualify such entries at its discretion (acting reasonably).

5.16                Land Rover reserves the right and is entitled, acting reasonably, to disqualify entrants who do not comply with these Competition Terms.

5.17                As far as the law allows, Land Rover will not be responsible or liable for:

5.17.1                         any failure to receive entries due to transmission failures and other conditions beyond its reasonable control;

5.17.2                         any late, lost, misrouted, garbled, distorted or damaged transmissions or entries;

5.17.3                         telephone, electronic, hardware, software, network, Internet or other computer or communications related malfunctions or failures;

5.17.4                         any contest disruptions, injuries, losses or damages caused by events beyond the reasonable control of Land Rover; or

5.17.5                         other errors or difficulties of any kind which are beyond the reasonable control of Land Rover, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Competition.

The paragraph 5.17 above has important legal consequences for you.  In this paragraph:

·      the legal responsibilities and liabilities of Land Rover are excluded or limited; and

·      you take on responsibilities and liability; and

·      any rights you have against Land Rover are limited or excluded.

You accept that various things can go wrong when submitting an entry or when participating in the Competition, including the events referred to in this paragraph 5.17.  You take on the responsibility and liability of these events happening and will have no claim against Land Rover if they happen.

6.         How we select and notify the winner

6.1                   The winner of the Competition will be chosen randomly by way of a lucky draw from the entries received by Land Rover.  The lucky draw will be done by an employee or representative of Land Rover on 22 April 2015.

6.2                   Land Rover's decision is final and no correspondence will be entered into with any person other than the winner.

6.3                   The winner will be contacted telephonically and will receive individual confirmation via e-mail from Land Rover on or before 10 July 2015, notifying him/her that he/she has won the Prize and instructing him/her on how to claim the Prize.

6.4                   Land Rover will attempt to make contact with each winner at least 3 times, but if Land Rover is unable to contact the winner within 3 working days after the lucky draw, such winner will forfeit his/her Prize and Land Rover reserves the right to select a new winner through a lucky draw.

6.5                   The winner (after being successfully contacted by Land Rover) will be announced via e-mail to consumers listed on the Land Rover database, on social media platforms and on the Land Rover website available at www.landrover.com.

6.6                   The Guest will each be required to sign and return a liability/publicity release, on terms no more onerous than those applicable to you as set out in these Competition Terms, prior to travel booking.

The paragraph above has important legal consequences for your Guest.  In this paragraph your Guest will be required to sign legal documents in which:

·      the legal responsibilities and liability of Land Rover will be excluded or limited, including the amounts your Guest can claim from Land Rover;

·      any rights your Guest has against Land Rover will be limited or excluded;

·      your Guest will agree to take on the responsibility and liability for certain losses or damages that might happen; and

·      your Guest will indemnify Land Rover against certain liability and claims.  This may result in Land Rover having claims against your Guest and in your Guest being liable to Land Rover for certain losses or damages that might happen.

It is your responsibility to make sure you and your Guest understand this paragraph and agree to sign the documents required by Land Rover.  Land Rover is allowed to treat it as if you and your Guest have understood and agreed to this paragraph when you enter the Competition.

 

6.7                   Land Rover may require the winner to provide it with additional information as it may reasonably require in order to determine the identity of the winner and to process and/or facilitate the winner's acceptance and/or use of the Prize.  You may not win the Prize if it is unlawful to give such Prize to you and if you do win the Prize under such circumstances, you will forfeit it.  The winner and the Guest may be invited to participate in marketing activities, including having his/her photograph taken, but the winner and the Guest will have the right to decline the use of their image or photograph by notifying Land Rover.

6.8                   If the winner does not contact Land Rover within 10 days after being contacted by Land Rover and confirm acceptance of the Prize or if the winner rejects the Prize, Land Rover may treat the Prize as forfeited and another winner may be randomly drawn by an employee or representative of Land Rover and announced within 10 days of this draw in accordance with these Competition Terms.

7.         Land Rover's rights and limitations of Land Rover's responsibilities and liability

This paragraph 7 has important consequences for you.  In this paragraph:

·           Land Rover has various rights to change, cancel, modify, terminate, replace, or suspend the Competition, the Prize or aspects of the Competition or Prize

·           the legal responsibilities and liability of Land Rover are excluded or limited;

·           the rights you have against Land Rover are limited or excluded; and

·           you take on the responsibility and liability for certain losses or damages or events that might happen.

As a result of this paragraph 7, you and your Guest (if you are the winner) will not have claims against Land Rover where Land Rover exercises any of its rights or where the events set out in this paragraph 7 happen.

 

7.1                   The itinerary applicable to the Prize will be determined by Land Rover and may be varied or adjusted by Land Rover from time to time, acting reasonably.

7.2                   In the event of war, terrorism, state of emergency or disaster, Land Rover reserves the right, to the extent necessary and acting reasonably, to cancel, terminate, modify or suspend the Competition or suspend or modify the Prize.

7.3                   As far as the law allows (including as far as allowed by section 51 of the of the Consumer Protection Act, 68 of 2008 ("CPA"), and subject to paragraphs12.5 and 12.6:

7.3.1                           Prizes will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, save for those implied warranties in terms of the CPA which cannot be limited or excluded by law;

7.3.2                           the Prize is subject to availability and Land Rover reserves the right, acting reasonably, to substitute the Prize for another prize which offers an equivalent experiential benefit (insofar as reasonably practicable), should the specified Prize become unavailable for any reason beyond Land Rover's reasonable control (or any part of a Prize to the extent divisible);

7.3.3                           Land Rover is not responsible for any cancellations, delays, diversions or substitutions, or any act or omissions whatsoever beyond Land Rover's reasonable control by the air carriers, hotels, venue operators, transportation companies, third party providers of aspects of the Prize or any other persons involved in providing any Prize-related goods, services or accommodation;

7.3.4                           Land Rover will not be responsible for missed flights, trains, buses etc. for any reason beyond Land Rover's reasonable control, the winner's and/or Guest's failure to book or confirm the same consistent with Land Rover's reasonable instructions, or any resulting expenses; and

7.3.5                           Land Rover is not responsible if the winner and/or the Guest are denied entry to, or re-entry from, any aircraft or the United Kingdom. In such event, the winner and/or his/her Guest will be solely responsible for all additional expenses incurred and may waive participation in the Prize, in whole or in part.

8.         Rugby World Cup Obligations and Acknowledgments

8.1                   The winner and/or Guest shall not, while using any Rugby World Cup tickets, display or publicize any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing or an abuse of the Rugby World Cup, content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights) or reflects negatively upon any of Rugby World Cup Limited ("RWCL") or the Rugby World Cup. You agree and acknowledge that any breach of this paragraph 8.1 will cause significant damage and loss to RWCL.

8.2                   The winner and his/her Guest as applicable agree to comply with the terms and conditions applicable to the issue and use of tickets from time to time (as available and set out at https://tickets.rugbyworldcup.com/staticpages/termsandconditions.aspx or such other webpage as determined by Rugby World Cup Limited (“RWCL”) from time to time) and all applicable RWCL, the tournament organiser (England Rugby 2015, “ER2015”) and venue owner or operator rules and regulations relating to access to Rugby World Cup venues and any other areas associated with Rugby World Cup (including any terms of accreditation determined by RWCL).  Further the winner and Guest acknowledge that he/she may be required to enter into a direct acknowledgement and/or agreement with RWCL and/or ER2015 concerning use of the tickets and compliance with ticket terms and conditions prior to receiving the Prize.  

The statements made in this paragraph 8  above constitute acknowledgements of fact by you.  You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements.  Land Rover, and/or other persons may have claims and other rights against you as a result of the statements.

 

9.         Our right to cancel or change these Competition Terms

9.1                   Land Rover reserves the right to change Competition Terms at any time if in Land Rover's reasonable opinion it considers it necessary to do so.  You are entitled to withdraw at any time from the Competition if you do not agree with any of the changes made by Land Rover.

9.2                   Land Rover may cancel the Competition if there are circumstances beyond Land Rover's reasonable control which prevent Land Rover from conducting the Competition as intended.

9.3                   As far as the law allows, if the Competition is cancelled or the Competition Terms are changed by Land Rover, you agree that you will have no claim against Land Rover.

Paragraph 9 is important.  It:

·      limits or excludes Land Rover's legal responsibilities and liability if there is any cancellation or change of the Competition or the Competition Terms; and

·      limits or excludes any rights or remedies entrants may have against Land Rover.

Because of paragraphs 9.1 and 9.3, Land Rover will not be responsible to any entrant if they suffer loss or damages because of any change or because of the cancellation of the Competition.

 

10.      We may collect your personal information

10.1                By entering the Competition, you expressly agree and consent to the collection, use, storage, disclosure and processing of your personal information by Land Rover and its authorised agents for the purposes of administering the Competition, providing the Prize and other activities as contemplated in these Competition Terms. 

10.2                The types of personal information that we may collect includes information necessary for our legitimate business interest and the categories of personal information identified in relevant data protection laws in the Republic of South Africa.  This may include (amongst other things) your name and identity number, e-mail and physical addresses, postal address, contact information, and other information you provide to us when entering and participating in the Competition.  We may also collect and process the same information about your Guest (if you are the winner) received from you and/or the Guest.

10.3                We may use your personal information and that of your Guest (if you are the winner):

10.3.1                         to update our existing records about you and the Guest;

10.3.2                         for the purpose of administering customer relations with you and the Guest;

10.3.3                         to make information available to you and the Guest on future competitions or promotions which we may conduct from time to time; and

10.3.4                         for helping us in any future dealings with you and the Guest.

10.4                Your personal information and that of the Guest will also be collected, used, stored, disclosed and processed in accordance with Land Rover's Privacy Policy which is accessible at http://www.landrover.co.za/cookie-and-privacy-policy.html.

10.5                We may share personal information relating to prize winner with RWCL and/or ER1015 (and any of their service providers or agents) for the purposes of monitoring the distribution and use of Rugby World Cup tickets and related experiences and, in the event of a suspected breach of any terms and conditions, rules or regulations of RWCL and/or ER2015 relating to the use of such tickets and/or experiences, investigating and taking action against such winner.

10.6                Personal information relating to entrants will be retained by Land Rover for a reasonable period (which will not be less than three years) after the Competition ends to enable Land Rover to conduct and administer the Competition in a proper manner, to deal with any enquiries relating to the Competition and to comply with any laws. 

10.7                If you are the winner, you must ensure that your Guest is made aware of this paragraph 10 and agrees to the use of his/her information as set out in this paragraph 10.

11.      Limitation of responsibilities and liabilities

11.1                This Competition is run by Land Rover with the permission of RWCL. Accordingly, and subject to paragraphs 11.2 and 11.3, Land Rover is responsible for the operation of and all matters and concerns relating to the Competition, not RWCL or any other persons involved in the staging of Rugby World Cup 2015 (including ER2015) and World Rugby (formerly the International Rugby Board), all of whom shall not be responsible for or liable to entrants in any way whatsoever in connection with this Competition.

11.2                As far as the law allows, and subject to paragraphs 12.5 and 12.6 of these Competition Terms, none of Land Rover, its associated companies, affiliate companies and group companies, nor the directors, officers, employees, or agents of Land Rover or its associated companies, affiliate companies or group companies will be responsible or liable to you, a Guest or any entrant for any direct or indirect damage, loss, injury or harm which may be suffered by you, a Guest or any entrant directly or indirectly as a result of:

11.2.1                         entering the Competition; or

11.2.2                         the carrying out of the Competition; or

11.2.3                         anything related to the Prize; or

11.2.4                         any act, omission or activity (including any negligent act or omission)  which takes place related to, for purposes of, or in the process of receiving or enjoying the Prize; or

11.2.5                         any act or omission (including any negligent act or omission) of any person or party.

11.3                As far as the law allows, and subject to paragraphs 12.5 and 12.6 of these Competition Terms,  Land Rover is not responsible or liable for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, failure of any email or entry to be received or sent on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to any entrant's or any other person's computer or mobile telephone related to or resulting from participation in any Competition. 

Paragraph 11 is important and must be read carefully.  It:

·      limits or excludes Land Rover's legal responsibilities and liability;

·      limits or excludes the legal responsibilities and liability of various persons or entities;

·      limits or excludes the rights or remedies you may have against Land Rover and others;

·      excludes rights and remedies that you may have against Land Rover and others for harm, losses, injuries or damages that might happen; and

·      places legal responsibilities and liabilities and risks you.

There are things that may go wrong when entering into a Competition, or in relation to a Competition or Prize, including what is listed in paragraphs 11.1, 11.2 and 11.3 above.  Land Rover is not responsible or liable for anything that goes wrong, including what is listed in paragraphs 11.1, 11.2 and 11.3 above.  You enter into the Competition and accept and enjoy the Prize knowing and accepting that these things can go wrong and that there are risks.  

 

12.      General

12.1                The Competition and these Competition Terms will be governed by the laws of the Republic of South Africa and all entrants agree to submit to the exclusive jurisdiction of the South African courts in the event of a dispute.

12.2                A copy of these competition terms and conditions is made available at [http://www.landrover.co.za/experience-terms-and-conditions.html].

12.3                Save where expressly provided to the contrary, no provision of these Competition Terms constitutes a stipulation for the benefit of a third person (ie a stipulatio alteri) which, if accepted by that person, would bind any party in favour of that person.

12.4                Each provision of these Competition Terms, and each part of any such provision, is separate and severable from the others.  To the extent that any provision in these Competition Terms, or any part of such provision is, becomes or is declared by a court of competent jurisdiction or other competent authority to be unlawful, invalid or unenforceable for any reason or in any jurisdiction, then it will, to the extent that it is unlawful, invalid or unenforceable, be severed from these Competition Terms and treated as if it had not been written (i.e. pro non scripto), without invalidating or affecting the enforceability of the remainder of such provision or the remainder of these Competition Terms.

12.5                Nothing in these Competition Terms: (i) limits or exempts Land Rover from any  responsibility or liability (including, without limitation, for any loss directly or indirectly attributable to the gross negligence or wilful default of Land Rover, or any person acting for or controlled by Land Rover) to the extent that the law does not allow this, or (ii) requires you, a Guest or an entrant to assume risk or  responsibility or  liability (including, without limitation, for the kind of loss referred to in (i) of this paragraph 12.5) to the extent the law does not allow this.

12.6                If these Competition Terms, or the Prize or the Competition, is regulated by the Consumer Protection Act 68 of 2008 ("CPA"), it is not intended that any provision of these Competition Terms contravenes any provision of the CPA.  Therefore all provisions of these Competition Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.

12.7                There are boxes with bold writing that appear below or before various paragraphs in these Competition Terms. They are only intended to bring your attention to important parts of these Competition Terms and to explain the fact, nature and effect of those parts. These boxes with bold writing are aids to understanding only and are not rules, terms or conditions themselves. They do not limit the meaning or application of the Competition Terms. The parts of the Competition Terms discussed in the boxes do not apply only to the situations and facts given in the examples or situations described in the boxes, or to similar examples or situations.

12.8                The Promoter of the Competition is Jaguar Land Rover (South Africa) Proprietary Limited, a company incorporated in the Republic of South Africa with registered office at 28 Victoria Link, Route 21 Corporate Park, Nellmapius Drive, 1667, South Africa and registration number 2001/027269/07.

Jaguar Land Rover Limited: Registered office: Abbey Road, Whitley, Coventry CV3 4LF. Registered in England No: 1672070

The figures provided are as a result of official manufacturer's tests in accordance with EU legislation. A vehicle's actual fuel consumption may differ from that achieved in such tests and these figures are for comparative purposes only.