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 of these clauses carefully and not just what we say below.
1.1 Limitation of risk, legal responsibilities and liability. Clauses 8, 12, 13, 14, 15 and 16 herein below are important because they limit and exclude obligations, liabilities and legal responsibilities 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 the Promotor, for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clause 13 herein below is particularly important because you 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 Indemnities by you. Clauses 9 below requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that may be suffered by us and other persons or entities as a result of any cause whatsoever connected to or arising from your participation in any way in this Promotion and/or any receipt of and/or use of a prize 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’s registered address is 1 Bavaria Avenue, Randjespark Ext 17, Midrand, 1685.
3. The Promotion is valid only in South Africa and is open to every South African citizen that is aged 18 or over, who is a BMW or MINI customer. It excludes all BMW South Africa (Pty) Ltd staff and contractors.
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 the Promoter.
5. 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.
6. The promotion will start from 1 September 2021 to 30 November 2021 or shall end when the last voucher is awarded, as per clause 7.2.
7. Participation is limited to Participants who complete the online service booking for an “Oil Service” and who do not have an active Motorplan contract in place. Such Participants will receive a qualifying email for this Promotion. The Promotion can only be redeemed with this email as proof of entry. This email must be presented upon arrival at the BMW or MINI Retailer. The Promotion details are as follows:
7.1 The offer consists of an up to 50% discount on the price of an oil service redeemable at your servicing BMW or MINI Retailer located in South Africa (the "Offer").
7.2 The Offer will be given to the first 2000 (two thousand) customers who service their vehicle at a BMW authorised Retailer mentioned in clause 7 above.
7.3 The Offer is not transferrable and cannot be redeemed for cash or the equivalent of cash.
7.4 Oil service includes oil, oil filter and labour only.
7.5 Offer applicable to selected models, please contact your nearest Retailers for more information.
7.6 M-Models are excluded.
8. No responsibility will be accepted by the Promoter, its associated companies (directors, officers and employees) agents and suppliers, for any prizes which are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be redeemed for any technical reason, delivery or other reasons.
9. 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 a prize.
10. By taking part in this Promotion, Participants hereby warrant that all information submitted to the Promoter is true, current and complete.
11. The Promoter may decline to award a prize if there is a reasonable suspicion of any irregularities or fraudulent activities.
12. 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.
13. As far as the law allows, the Promoter shall only be responsible for those costs which these Terms and Conditions expressly say 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 Prize. Without limiting the rest of this clause 15, the participant will be responsible for the cost of submitting proof of purchase and entering the promotion and any data charges that apply, as per the tariff rates charged by the participant’s mobile network provider.
14. 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.
15. 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, by way of example only, as a consequence of communications or network failures.
16. The Promoter does not accept any liability for any loss or damages which may be suffered by the participant arising from or in any way related to their participation in the Promotion.
17. By taking part in this Promotion, Participants consent to the processing of their personal information in accordance with the Protection of Personal Information Act 4 of 2013, insofar as it is necessary.
18. These Terms and Conditions shall be governed by the laws of South Africa.
19. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.