South Africa

Terms and Conditions

 

The terms and conditions set out below ("Terms and Conditions") apply to the 2020 BMW & MINI Essential Services Promotion ("Promotion") being run and administered by Shell Downstream 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.

 

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 10, 12, 14, 15 and 17 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, Shell Downstream South Africa (Pty) Ltd for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clause 14 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 10 and 11 herein 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 the events set out in clauses 15 and 16 herein below. You are also required to indemnify us and 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 clause 15 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’s registered address is 57 Sloane Street, The Campus, Twickenham Building, Bryanston, 2021.  

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.

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 August 2020 00h00 and end while stocks last.

7.             
Customers participating in the Promotion will automatically qualify only when an oil service has been completed at a BMW
authorised Retailer. A valid essential services permit in accordance with the regulations published in terms of
the Disaster Management Act no. 57 of 2002 and as amended from time to time (the “Regulations”), must be
presented upon arrival at the BMW or MINI Retailer. For the sake of clarity, in the event that essential service permits are no longer required for movement in terms of the Regulations, during the period of the Promotion, the above requirement will not
apply, save for the fact that a previously valid permit must still be presented upon arrival at the BMW or MINI Retailer.

 

7.1                            
[As per section 36(5) of the CPA we should also provide the basis on which the results of the competition will be determined ie winners will be randomly drawn etc] Business/Shell must complete this here, i.e. The winners will be randomly drawn from the pool of entrants.[CCA1] 

 

7.2 
All winners will be notified via email on the collection of the Prize

7.3 
The Prize consists of a R 1,000.00 Shell fuel voucher redeemable at any Shell Service Station located in South Africa. 

7.4                            
There is a total of 200 (Two Hundred) fuel vouchers to the value of R 1,000.00 (One Thousand 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.

 

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.         
These Terms and Conditions shall be governed by the laws of South Africa.

17.         
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.

 

 [CCA1]Drafting note to business: the basis on which the results of the competition will be determined is required in terms of section 36(5) of the CPA. Shell to confirm if this is the correct method.