The terms and conditions set out below ("Terms and Conditions") apply to the 2020/2021. BMW & MINI Online Service Booking Promotion ("Promotion") being run and administered by BMW South Africa (Pty) Ltd ("Promoter" or "us" or "we"). These Terms and Conditions will prevail in the event of any conflict or inconsistency with any other communications sent to you by us, including advertising or promotional materials. 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.
- 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.
- The Promoter’s registered address is 1 Bavaria Avenue, Randjespark Ext 17, Midrand, 1685.
- 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.
- 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.
- 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.
- The promotion will start from 1 December 2020 00h00 and shall end when the lst voucher is awarded, as per clause 7.2.
- Customers participating in the Promotion will automatically qualify only when their vehicle service request has been completed at a BMW authorised Retailer. A valid proof of Online Service Booking confirmation email, must be presented upon arrival at the BMW or MINI Retailer.
7.1 The prize consists of R 500.00 Lifestyle voucher redeemable at your servicing BMW or MINI Retailer located in South Africa (the "Prize").
7.2 The Prize will be given to the first 500 customers who service their vehicle at a BMW authorised Retailer mentioned in clause 7 above.
7.3 All winners will redeem their voucher at the BMW or MINI servicing Retailer.
7.4 There is a total of 500 (Five Hundred) vouchers to the value of R 500.00 (Five Hundred Rand) each to be won for the duration of the Promotion.
7.5 The Prize is not transferrable and cannot be redeemed for cash or the equivalent of cash.
- 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.
- 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.
- By taking part in this Promotion, Participants hereby warrant that all information submitted to the Promoter is true, current and complete.
- The Promoter may decline to award a prize if there is a reasonable suspicion of any irregularities or fraudulent activities.
- 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.
- 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.
- 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.
- 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.
- 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.
- These Terms and Conditions shall be governed by the laws of South Africa.
- 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.