TERMS AND CONDITIONS
- The Promoter of this competition is Miblackbox Africa (Pty) Limited (“MiBlackBox Africa”) Registration Number 2019/528892/07, a private company incorporated and registered in accordance with the laws in force in the Republic of South Africa having its registered address at Suite 7, Block B, Carlswald Close, Corner 7th and New Roads, Midrand, Gauteng, 1682.
- All persons entering the MiBlackBox#BuildMyMini Competition (“the promotional competition”) agree to the competition rules as set out in the terms and conditions below which are binding on them. The entrant is to read these terms and conditions carefully as they are important.
- Nothing contained in these terms and conditions is intended to, or must be understood to, lawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the entrant or the Promoter in terms of the Consumer Protection Act, 68 of 2008 (“the CPA”).
- By registering for the Miblackbox service (either USSD or App services), you are automatically entered into this promotional competition. You only, however, qualify as an entrant for the 12 (twelve) monthly draws and the winner of the prize if you comply with all of the criteria referred to in clause 2.3.1 to 2.3.5 (both inclusive) below.
- The entrant acknowledges that by entering the promotional competition, he/she has read the terms and conditions and that he/she warrants, understands and agrees to these terms and conditions which are binding on the entrant. The entrant further agrees that by entering this promotional competition he / she will be bound by these rules the compliance of which shall be determined by the Promoter, whose decision regarding any dispute in connection therewith will be final and binding.
- If the entrant does not want to participate in this promotional competition and/or does not agree with any of the terms and conditions referred to herein, the entrant is to withdraw his/her entry for this promotional competition in writing to the email address provided in paragraph 3.11 below.
- All entrants to this promotional competition do so entirely at their own risk.
- The entrant hereby indemnifies and holds harmless the Promoter and all its associated and/or affiliated entities which includes holding companies, subsidiaries or any other entity which may have shareholding in the Promoter, its directors, officers, members employees, agents and/or representatives of any and/or all liability to the full extent permitted by law pertaining to any damage, costs, injury, losses of whatsoever nature sustained as a result of his/her participation in the promotional competition, related events and activities and / or from using the prize.
- It is your responsibility to ensure that all information provided by you or on your behalf of you to Miblackbox Africa is accurate, complete and up-to-date at all times.
RULES OF THE COMPETITION
- The promotional competition opens on 1 December 2020 and closes on 30 November 2021 (“the competition closure date”).
- The prize consists of:
- one (1) Mini Cooper S motor vehicle valued at R570 000 inclusive of VAT which may at the election of the winner be customised subject to the terms and conditions below (“the prize”); and
- one (1) winner in total.
- As a subscriber for the Miblackbox service, you automatically qualify as an entrant into the automated random draw. There is no process / entry form to complete on your part. The mere fact that you are a registered user for the service (and subject to the terms and conditions contained herein) you qualify for a single entry into the competition. Although you are automatically entered into this promotional competition, in order to qualify as both an entrant for the draws contemplated in clause 3 below and winner of the prize you must:
- be 18 (eighteen) years of age or older at the time of the draw;
- be a private individual (not a juristic entity);
- be a registered user of the Miblackbox service and your account must not be in arrears and must be in good standing (either the USSD Service or App Service) and at the time of entry to the promotional competition and / or draw;
- permanently reside in the Republic of South Africa;
- be in possession of a valid South African ID or passport or residence permit and must be in possession of a valid South African driver’s licence, which must not be suspended or endorsed.
- The Promoter, or any of its associated or affiliated entities, holding companies, subsidiaries, their directors, members, partners, employees, agents or consultants, the suppliers of goods or services in connection with this promotional competition or any person who directly or indirectly controls or is controlled by the abovenamed parties and their respective spouses, life partners, business partners or immediate family members are not permitted to participate in the promotional competition and to the extent that any person may nevertheless do so, he/she shall not be eligible to be awarded the prize (to the extent that the prize has been awarded already, shall be disqualified and shall be obliged to immediately return the prize to the Promoter).
THE MINI COOPER S VEHICLE
The costs of licencing, insurance and/or registration are not covered within the prize and remain the responsibility of the winner. Furthermore, any costs associated with taking delivery of the prize and/or customising the prize (subject to the provisions of clauses 2.7 and 2.8 below) including travel and/or accommodation arrangements is entirely for the winner’s own cost, without exception.
- The Promoter will provide the relevant details of the prize to the winner prior to the delivery of the prize taking place in order to enable the winner to insure the vehicle at his/her own cost.
- The winner must ensure he / she complies with and meets all the criteria and rules of the competition, including clauses 2.3.1 to 2.3.5 (both inclusive) above. If the winner is unable to comply with these rules and qualifying criteria then the prize will be forfeited and a new winner will be eligible for the prize.
- The winner of the prize shall liaise directly with the dealership to spec build / customise the prize at his/her election in terms of the options and/or specifications available in respect of the particular model of the prize from the dealership and/or Mini at the time. Customisation of the vehicle is optional at the instance of the winner. In such case, the prize will be custom built in accordance with the winner’s build requirements not exceeding the total value of the prize recorded in clause 2.-9 below. In the case of the prize being custom built, and the date of delivery of the prize shall be determined by the dealership.
- The total value of the prize shall be up to but shall not exceed R570 000 (Five Hundred and Seventy Thousand Rand) inclusive of VAT calculated at the retail price of the prize as quoted by the dealership to the Promoter. If the winner elects to customise the prize as contemplated in clause 2.8 above, he/she may do so not exceeding the value of the prize as recorded herein without exception and subject to the customisation (or spec build) specifications, limitations and/or availability at the dealership at the time. Any and/or additional costs which may be associated with the customisation or otherwise of the prize shall be entirely for the winner’s own cost, without exception.
- The Promoter will not be liable for any warranty, service, maintenance or insurance of the prize upon delivery of the prize taking place. All risk in and to the prize will pass to the winner upon taking deliery of the prize.
- The specification and/or the image of the display motor vehicle which appear from any advertising, promotional and/or material or otherwise from time to time may vary from the actual prize.
- The prize is not transferrable and may not be exchanged for cash or another prize.
SELECTION OF WINNER/S
- The winner of the prize will be selected within two weeks after the competition closure date. The competition closure date shall be on 30 November 2021 at midnight, no exception.
- The competition closure date and the winner selection date referred to in clauses 2.1 and 3.1 above are subject to change at the discretion of the Promoter without notice.Each valid entry will be automatically entered into an automated random draw. There will be 12 (twelve) random draws which will take place on or before the fourth (4th) business day of the following month, the first draw shall take place in January 2021 and thereafter on or before the fourth (4th) business day of every consecutive month for the duration of the competition. The last of the 12 (twelve) draws will take place on or before the fourth (4th) December 2021. Every entrant drawn from the monthly draw will automatically be entered into the final draw for the prize and will be informed of their place in the final draw and given the details of the draw using the information it has on record either telephonically, by text message, email or WhatsApp push message . Where Miblackbox Africa cannot reach a winner on the details provided by the winner or on their behalf and/or the winner does not respond to any correspondence or telephone call within 1 (one) week from the date which the correspondence was sent or the telephone call was made, the Promoter reserves the right to disqualify the winner in its sole and absolute discretion. A replacement winner will then be selected in the manner contemplated in clause 3.6 below. 3.4 The final draw will take place per clause 3.1 at the dealership’s premises by way of a random draw. All 12 (twelve) entrants are encouraged to be personally present at the final draw. Such attendance will be for the entrant’s own cost. To the extent that the winner of the prize is not present at the draw, he/she will be contacted either telephonically, text, email or WhatsApp push message as soon as reasonably possible after the final draw taking place.
- The Promoter reserves the right to disqualify the winner if he/she does not respond to the correspondence referred to in clause 3.4 above or telephone call within 1 (one) week from the date which correspondence was sent by the Promoter to the winner from the remaining entrants who qualified for the final draw. In such circumstances, the replacement winner shall be contacted via email, in-app push message, text message and/or telephonically by the Promoter as soon as reasonably practical and shall be required to respond to the Promoter in the manner set out in such correspondence. In the event that the replacement winner fails to respond to the Promoter as set out in such correspondence, the provisions of this clause shall apply to the new winner in the same way as if her/she were the original winner and/or the replacement winner.
- The Promoter, in its sole and absolute discretion, reserves the right to, without notice and at any time, amend, modify, change, postpone, suspend or cancel this competition and any prizes (which have not yet been subject to draw), or any aspect thereof for any reason which the promoter reasonably deems necessary. In the event of termination, all participants, including the entrant, agree to waive any rights which he/she may have in terms of the promotional competition and acknowledge that he/she will have no recourse or claims against the Promoter, its holding companies, subsidiaries, advertising agencies, advisors, suppliers, nominated agents, directors, members, employees or any other person associated therewith for that matter of whatsoever nature and howsoever arising, whether past, present or future.
- By entering the promotional competition in accordance with these terms and conditions, the entrant acknowledges and understands that he/she is entering a promotional competition for the purposes of the CPA and the promotional competition will be conducted in accordance with the relevant provisions of the CPA. Should the entrant win the prize in this competition, he/she undertakes to expeditiously do all things to enable the Promoter to comply with its obligations under the CPA and other applicable legislation, including but not limited to, providing such personal information as may be required in order to facilitate the delivery of the prize including providing proof of address, identity number and valid driver’s licence (which has not been suspended or endorsed) and signing receipt of the prize upon its delivery. The prize must be collected within 14 (fourteen) working days of its arrival at the dealership and failure to collect the prize may result in holding and storage costs which shall be solely for the winners account.
- The names of the entrants selected for the final draw and the prize winner may be published on the Promoter’s website, social media platforms and/or other media platforms subject to their consent, which consent shall not be unreasonably withheld.
- The Promoter shall conduct the promotional competition in the manner, it in its sole discretion deems fit, and the Promoter’s decision on any matter relating to the promotional competition including the selection of the prize winner/s is final and no correspondence will be entered into nor entertained by the Promoter.
- The promotional competition, the automated random draws and the final draw will be overseen by the Promoter’s independent auditors, namely Kaplan and Kaplan / Two K Administration CC.
- A copy of these rules can be found on the Promoter’s website www.miblackbox.africa. Any queries in this regard can be addressed to the Promoter by email to email@example.com marked for the attention of the Financial Manager throughout the duration of the competition.