TERMS & CONDITIONS
Terms and Conditions of the Facebook Fuel Vouchers Promotion
The terms and conditions set out below ("Terms and Conditions") apply to the Winter Fuel Vouchers ("Promotion") which is being run and administered by Motus Aftermarket Parts ("Promoter" or "us" or "we").In the event of any conflict or inconsistency with communications sent to you by us, including advertising or promotional materials these Terms and Conditions shall prevail. Prize redemption instructions are deemed to form part of the Terms and Conditions and by entering this Promotion all participants will be deemed to have accepted, and shall be bound by, the Terms and Conditions. This version of the Terms and Conditions applies to Participants (defined below) in the Republic of South Africa.
1. Important Provisions
We have a duty, in terms of the Consumer Protection Act, No 68 of 2008 ("CPA") to point out certain important provisions in these Terms and Conditions to you. The clauses which contain these important provisions and the reasons why they are important are set out below. It is very important that you read all these clauses carefully. .
1.1 Limitation of risk(legal responsibilities and liability)
1.1.1 Clauses 13, 14, 18 and 19 herein below are important as they limit and exclude obligations, liabilities and legal responsibilities,as far as the law allows, that we and other persons or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other persons and entities are limited or excluded. These clauses also limit or exclude your right to recover from, or make claims against, Motus Aftermarket Parts for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion.
1.1.2 Clause 18 herein below is particularly important asyou take on risk, legal responsibilities and liability. In terms of this clause, you may be responsible for taxes, fees, claims and other amounts. You will also be responsible for, and you accept various risks, damages, harm, and injury which may be suffered by you and others for what is stated in this clause.
1.2.1 Clauses 13, 14 and 18 herein below requires you to indemnify (hold harmless) us and other persons or entities against any claim, loss, damage and harm that may be suffered by us,other persons or entities as a result of the events set out in clauses 16 and 19 herein below.
1.2.2 You are also required to indemnify us, other persons and entities against claims for loss, damages, and harm that may be made by any person or entity as a result of the events set out in clauses 19 and 20 herein below. This places various risks, liabilities, obligations and legal responsibilities on you, and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claimed.
2. The Promoter is Motus Aftermarket Parts [Registration Number 1983/009088/06 with its registered office at 2 Gordon Avenue, Linbro Park, Modderfontein, 2090].
3. The Promotion is valid only in South Africa and is open to every South African citizen.
4. The Promotion is not open to any agencies, sales agents/ merchandisers, packaging suppliers and their immediate family members (spouses, life partners, parents, grandparents, siblings, children and grandchildren) or their business partners, or any person who is (i) a director, member, partner, or agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by, the Promoter; or (ii) a supplier of goods or services in connection with this competition.
5. The promotion is not open to employees of Motus Aftermarket Parts and their immediate families.
6. Participation in the promotion constitutes your acceptance of these terms and conditions. All information relating to this promotion and published on any promotional material will form part of the terms and conditions of entry.
7. The promotion will run from 17th June 2019 at 00h00 and end on 7th July 2019 at 23h59. No entries received before 17th June 2019 at 00h00 and after 7th July 2019 at 23h59 will be accepted.
8. Participants wishing to participate in the Promotion must:
1. Purchase to the value of R300 or more at any Midas Store nationwide;
2. Take a selfie with our Winter promo sign;
3. Post your selfie on Facebook and tag Midas SA; and
4. All entrants must keep their receipt to qualify for the prize.
9. You stand a chance to win your share of R50 000 in fuel vouchers. Participants may partake as many times as they wish over the promotional period (17 June 2019 at 00h00 to 7 July 2019 at 23h59) by purchasing for R300 or more and retaining each purchase receipt from any of the Midas Store nationwide, within the stipulated promotional period.
10. To participate more than once in the Promotion the Participants will be required to make a new purchase of R300.00 or more for each participation. However, the Participants will only be required to take one selfie of the Winter promo sign, post one selfie on Facebook and tag Midas SA once.
11. Fuel vouchers will be delivered to your preferred nominated address. When providing your delivery address please ensure that someone will be available to collect the voucher between 08:00 and 17:00 on weekdays. Thefuel voucher will be couriered to the winning Participant within 30 working days of the Participant claiming his/her prize via Direct Messenger on Facebook.
12. By entering this competition Participants automatically agree to opt in and consent to Motus Aftermarket Parts and their respective Brands collecting, storing and using (not share) their personal information for communication, statistical purposes and marketing communication.
13. As far as the law allows, no responsibility will be accepted by the Promoter, its associated companies (directors, officers and employees) agents and suppliers, for any vouchers which are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be redeemed for any technical reason, delivery or other reasons.
14. As far as the law allows, all Participants indemnify the Promoter, its associated companies (directors, officers and employees) agents and suppliers, against any/all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever connected to or arising from their participation in any way in this Promotion and/or any receipt of and/or use of the Fuel Voucher.
15. By taking part in this Promotion, Participants hereby warrant that all information submitted to the Promoter is true, current and complete.
16. The Promoter may decline to award a prize (i.e. refuse to issue a voucher to the Participant) if there is a reasonable suspicion of any irregularities or fraudulent activities. No cash or other alternatives in whole or part will be offered in substitution of the goods offered. The Promoter’s decision is final and binding and no communication will be entered into.
17. As far as the law allows, all warranties and representations in relation to the Promotion not set out in these Terms and Conditions (whether express, implied or tacit) are hereby excluded.
18. As far as the law allows, the Promoter shall only be responsible for those costs which these Terms and Conditions expressly state that the Promoter will pay. The Participant is responsible for (i) any and all applicable local taxes and fees; and (ii) all other costs incurred by it, or arising directly or indirectly from, the Participant's participation in the Promotion, or from the acceptance, receipt, use or enjoyment of any Voucher. Notwithstanding this clause 18, the participant will also be responsible for the cost of entering the Promotion and any mobile network charges that may apply, as charged by the Participant’s mobile network provider.
19. The Promoter reserves the right to terminate the Promotion immediately and without notice if circumstances beyond its reasonable control prevent the Promoter, its associated companies (directors, officers and employees) agents and suppliers, from continuing to conduct the Promotion. In the event of such termination, as far as the law allows, all Participants acknowledge that they will have no recourse against the Promoter, its associated companies (directors, officers and employees) agents and suppliers, in respect thereof and indemnify the Promoter, its associated companies (directors, officers and employees), agents and suppliers from any such claim.
20. As far as the law allows the Promoter, its associated companies (directors, officers and employees) agents and suppliers, shall not be responsible for a Participant's failure to access the Promotion for any reason whatsoever including but not limited to, by way of example only, a consequence of communication or network failure.
21. These Terms and Conditions shall be governed by the laws of the Republic of South Africa.
22. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that particular provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.
23. If you require any help or have any enquiries, please email Shaakira.email@example.com. Emails will only be answered between Monday to Friday, 08h30 to 16h30, both days inclusive. No response will be sent on weekends and public holidays..
24. All winners will be notified by Direct Messenger on the 22nd th July 2019and the winners will also be published on the Midas Facebook and Instagram pages as well as on the Midas Website.