Information on how to Enter and the Prizes form part of these Terms and Conditions of this Promotion. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
1. The promoter of this promotion is Jaguar Land Rover South Africa Proprietary Limited (Promoter).
2. Entry is only open to residents of South Africa aged 18 (eighteen) years and older (or younger than 18 (eighteen) years of age if supervised and represented by a parent or guardian) (Entrant).
3. All Entrants must have a personal Facebook, Twitter or Instagram account in order to submit an entry (Qualifying Platforms). The Promoter reserves the right to request that the Entrant submit proof that the Entrant was the registered user of the Qualifying Platforms.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family for the purpose of this Promotion means includes but is not limited to: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
5. Entries for the Promotion open at 13h00 on 11 May 2020 and closes at 23h59 on 30 June 2020 (Promotional Period).
6. Subject to clause 14 hereunder, the prizes which can be won in this Promotion, at the end of the Promotional Period, consists of 2 x Main Prizes and 2 (two) x Secondary Prizes set out hereunder:
a. The Main Prizes comprised of:
i. 1 x R50, 000.00 cash equivalent voucher in respect of a Jaguar Entry (Jaguar Main Prize);
ii. 1 x R50, 000.00 cash equivalent voucher in respect of a Land Rover Entry (Land Rover Main Prize);
b. The Secondary Prizes comprised of:
i. 1 x R25, 000.00 cash equivalent vouchers in respect of Jaguar Entry (Jaguar Secondary Prize);
ii. 1 x R25, 000.00 cash equivalent vouchers in respect of Land Rover Entry (Land Rover Secondary Prize)
7. To be eligible to enter, Entrants must tag Jaguar or Land Rover on the Qualifying Platforms with an image or video of their personal moments of appreciation of either their Jaguar or Land Rover vehicle that they own or admire (Entry or Entries).
8. All Content will be reviewed by the Promoter for compliance with these Terms and Conditions. Content that is prohibited or inappropriate, or is otherwise in breach of these Terms and Conditions, as determined by the Promoter, will be at the discretion of the Promoter are disqualified for Entry.
9. The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who tampers with the Entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
10. An incomplete, indecipherable or otherwise unacceptable Entry will be deemed invalid, within the discretion of the Promoter.
11. Multiple Entries by an Entrant shall be permitted, subject to the following: a. each individual Entry must be substantially unique; and b. each Entry must be submitted separately and in accordance with Entry and eligibility requirements.
12. This Promotion is not one based on chance or draw, the Promotion is one of skill, creativity and originality. Each Entry will be individually judged by the Promoter and Spark 44 (the agency of the Promoter) (Judges) based on the originality, literary merit and creative merit of the response submitted and how well it encapsulates the competition question. The Judges may select additional reserve Entries that they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible Entrant.
13. At the end of the Promotional Period, the Promoter will select 2 (two) valid and eligible Entries for the Jaguar Main Prize and for the Land Rover Main Prize (Main Winners) along with 2 (two) valid and eligible Entries; 1 (one) for the Jaguar Secondary Prize and 1 (one) for the Land Rover Secondary Prize (Secondary Winners) (Collectively the Winners).
14. Upon the Main Winners being awarded either the Jaguar Main Prize or Land Rover Main Prize or the Secondary Winners being awarded either the Jaguar Secondary Prize or the Land Rover Secondary Prize, the Vouchers can be redeemed at any Jaguar Land Rover Retailer in South Africa against any of the following:
a. Purchase of a new vehicle ;
b. Purchase of an Approved Pre-Owned Vehicle
c. Service of a vehicle
d. Purchase of genuine Parts
e. Purchase of vehicle accessories
f. Purchase of Branded Goods; or
g. Purchase of a Jaguar Land Rover Experience at the Brand Experience Centre.
15. Competition rules applicable to these Terms and Conditions are detailed as follows;
a. Competition closes at 23h59 on 30 June 2020.
b. Winners will be announced on 06 July 2020.
16. As a condition of accepting the Main and/or Secondary Prizes, the Winners must consent to contact and/or communication from the Promoter after selection in order to arrange the logistics of the Main and/or Secondary Prize (as the case may be). The Winners will be notified via a direct comment on the Qualifying Platforms on or by 06 July 2020.
17. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
18. Winners are strictly prohibited from transferring the Main or Secondary Prizes to any other person.
19. The Promoter’s decision, in respect of these Terms and Conditions, is final and no correspondence will be entered into.
20. If for any reason the Winners do not accept the Main or Secondary Prizes (or any element of the Main or Secondary Prizes), as the case may be, at the time stipulated by the Promoter, then the Main or Secondary Prizes (or that element of the Main or Secondary Prizes) will be forfeited by the respective Winner and the Promoter reserves the right to award the Main or Secondary Prizes to another eligible Entrant.
21. If the Main or Secondary Prizes (or part of the Main or Secondary Prizes) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Main or Secondary Prizes (or that element of the Main or Secondary Prizes) with a prize to the equal value and/or specification.
22. The Main or Secondary Prizes (or that element of the Main or Secondary Prizes), or any unused portion of the prize is not transferable or exchangeable and cannot be taken as cash.
23. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to answers to the competition question (Content) and the Entrant warrants that such Content is original and unique to the Entrant and does not violate or otherwise infringe the intellectual property rights of any third parties. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that; (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 18 (eighteen) years of age, or otherwise unsuitable for publication; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; (d) the Content is the original work of the entrant that does not infringe the rights of any third party;(e) they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1978 and warrant that they have the full authority to grant these rights; and(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems. Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms.
24. As a condition of entering this Promotion, each Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restrictions on use, attribution or liability.
25. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photographs, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
26. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention, fraud, force majeure and forms of pandemic or epidemic; the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
27. Any cost associated with accessing the Promoter’s Qualifying Platforms or other electronic platform is the Entrant’s responsibility and is dependent on the Internet service provider used. The Entrant indemnifies and holds the Promoter harmless for any claim, loss or damage which the Entrant might incur as a result of the Entrant being unable to access the Qualifying Platform or other electronic platform.
28. Except for any liability that cannot by law be excluded; the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third party interference;
(c) any Entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(d) any variation in prize value to that stated in these Terms and Conditions;
(e) any tax liability incurred by a Winner or Entrant; or
(g) taking/use of and/or participation in this Promotion or usage of a prize.
29. As a condition of accepting the Main or Secondary Prizes, the Winners (including their guardian, if required) must sign any legal documentation as and in the form required by the Promoter and/or Main or Secondary Prizes suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
31. Entry and continued participation in the Promotion is dependent on Entrants following and acting in accordance with the Qualifying Platforms’ terms and conditions, which can be viewed at www.facebook.com/terms.php and https://twitter.com/en/tos and https://help.instagram.com/581066165581870
32. This Promotion is in no way sponsored, endorsed or administered by, or associated with any of the Qualifying Platforms . Entrants understand that they are providing their information to the Promoter and not to the Qualifying Platforms. The information an Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability, which cannot be excluded by law. The promoter is Jaguar Land Rover South Africa Pty Ltd, 28 Victoria Link, Route X30, 21 Corporate Park, Nellmapius Dr, Irene, Centurion, 0178. Telephone 0860 110 090.
33. These Terms & Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Disputes arising here from shall be exclusively subjected to the jurisdiction of the courts of the Republic of South Africa.
35. the Promoter reserves the right to change any of its Terms and Conditions at any time by posting changes online at its absolute discretion. It shall be the duty of the Entrant to familiarise itself with the Terms and Conditions and all amendments or variations to such Terms and Conditions.