Terms and Conditions for Kohler United Social Media Contest
This document is prepared in terms of section 36 of the Consumer Protection Act 68 of 2008 and constitutes the competition rules for this Kohler United Social Media Contest (the “Contest”).
Please read the terms and conditions carefully before participating in the Contest. By proceeding to participate in the Contest, you agree to be legally bound by these terms and conditions. If you do not agree to the terms and conditions, you are not entitled to participate in the Contest.
Terms and Conditions:
The Contest is a skill-based campaign to promote the brands “Kohler”, “Kohler Africa” and “Kohler United” by Kohler Africa (Pty) Ltd (registration no.: 2013/214318/07, a company incorporated under the South African Companies Act, 2008, having its registered office at Coachmans Crossing Office Park, Block C, Unit 2, 4 Brian Street, Lyme Park, Johannesburg, 2191 (“Kohler Africa”). The Contest is open on the days when Manchester United Football Club (“Manchester United”) plays a match in the English Premier League. Kohler Africa reserves the right to extend or shorten the Contest period, as it deems fit without any prior intimation to the participants.
The competition is run by Kohler Africa and is open to all people who reside in South Africa, Namibia, Kenya, Tanzania, Uganda, Mauritius, Ghana, Angola and Nigeria except the employees and the immediate families of Kohler Africa, their advertising and promotion agencies, distribution partners, related companies, and outlet owners and their immediate families and staff associated with this Contest.
A participant may enter the Contest on Facebook or Twitter by subscribing to the relevant Facebook page or Twitter handle of Kohler Africa, (collectively the “Kohler Africa Pages”).
The Contest will commence on the match day of each English Premier League match involving Manchester United when Kohler Africa posts the question on the Kohler Africa Pages. Kohler Africa will post the question on the Kohler Africa Pages at least thirty (30) minutes prior to commencement of each Manchester United match. In order to participate in the Contest for that day the participant must answer the question posted on the Kohler Africa Pages by no later than commencement of the half-time interval of that match (“Closing Time”). To qualify for the lucky draw, the participant must provide a correct response on the Kohler Africa Pages to the question posted before the Closing Time of each match.
Winners for each draw will be selected by a lucky draw from among all participants who answered the question correctly before the Closing Time.
Kohler Africa’s decision shall be final and binding on all participants regarding the winner of each lucky draw and no correspondence will be entered into by Kohler Africa.
A participant can provide multiple responses, but only the first response (by time-stamp) will be selected for the Lucky Draw by Kohler Africa. Responses submitted by the participant must be complete in all respects.
Only participants with valid Facebook or Twitter accounts will be eligible to enter the Contest and participants may only enter via their own personal Facebook or Twitter accounts. Kohler Africa reserves the right to call for proof of identification of any participant (including an identity document or passport) to verify the identity of the participant and ensure that the entry was made via the participant’s own social media account.
The prize will be one or more Manchester United Kohler sleeve sponsored jerseys.
The winner(s) will be announced the next day following the MUFC Match Day, on the Kohler Africa Social Pages, and the prize will be couriered to the winner.”
Prize(s) will be delivered within 30 (thirty) days of notification. Winner(s) will be contacted and will need to confirm their requested details.
Winner(s) will need to respond with their requested details within 1 (one) week of being notified in order to receive their prize. Kohler Africa reserves the right to disqualify a winner if he/she does not respond to the abovementioned notification within 1 (one) week, and to select an alternate winner from the competition entries of that match day.
Kohler Africa reserves the right to disqualify any entry that is (or is potentially) profane, racist, sexist or hurts the sentiments of others/public, in general without liability and to disqualify such person from participating the in Contest at all.
Kohler Africa reserves the right to amend the rules at any time during the Contest with reasonable notification and will be interpreted and applied at the sole discretion of Kohler Africa.
By entering this Contest all participants agree to accept and abide by the competition rules.
The Contest “Kohler United” will run during the period of 20 October 2018 to 12 May 2019. The Contest is only valid from the time of posting the question on the Kohler Africa Pages until the Closing Time on the match day of each English Premier League match involving Manchester United.
The prize is not transferable, cannot be deferred, exchanged, redeemed for cash and is not negotiable.
Kohler Africa reserves the right to reject any entries deemed unacceptable under these terms or any other terms.
Participants grant Kohler Africa and its suppliers, vendors and agents (including the courier company) permission to communicate with them via any channels.
Winners may be required to disclose their details and/or to appear on radio, television, the internet or in any printed or digital publications as determined at the sole discretion of Kohler Africa.
All participants details, including your name, image or likeness may be used for advertising and marketing purposes by and for Kohler Africa, unless you notify us in writing that you do not agree to such use. If you do not wish to participate in any marketing activities or wish us to use your name, image or likeness, please notify us via email at the following address LULAMA.MASWANGANYI@kohler.com
Participants further agree that all intellectual property rights (including, but not limited to, any copyright and any posts on the Kohler Africa Pages in any related “Kohler United” content vests exclusively in Kohler Africa who shall have the right to use the material without restriction.
Kohler Africa shall not be liable for any delay or loss that may accrue in the delivery of the prize such as delay in receipt of jerseys by postal service, loss or damage of the same during transit, and the participant indemnifies and holds harmless Kohler Africa against any such claim.
Any violation or attempt to violate any of these rules will result in the immediate disqualification of the transgressor with or without notice.
Participants understand that they take part in the Contest at their own risk and Kohler Africa bears no responsibility for any loss, damage or harm suffered in relation thereto.
Kohler Africa reserves the right to extend, cancel, discontinue, withdraw, postpone, change, alter or modify the Contest or any part thereof including the eligibility criteria and the prize at its sole discretion at any time as may be required in view of business exigencies and/or changes by applicable government orders or statutory changes or in view of its sponsorship agreement, termination or amendment thereof with Manchester United and the same shall be binding on the participant and any winner.
Participants understand that the information they provide will be used by Kohler Africa for marketing communications, product updates and the like in the future and by taking part in Contest, they are expressly giving their consent for such usage by Kohler Africa. By submitting his/ her response, the participant acknowledges and agrees to their personal information being made a part of Kohler Africa’s database. These details shall be used for communication to enhance “Kohler”, “Kohler Africa” and “Kohler United” as a brand and promote the visibility of the brand “Kohler”, “Kohler Africa” and “Kohler United”. Kohler Africa would retain the rights to use all entries for marketing and promotional purposes. Participants accept that the information they provide to Kohler Africa may in appropriate circumstances reside outside of the Republic of South Africa South Africa, and hereby agree that Kohler Africa shall be entitled to transfer his personal information to such locations outside of the Republic of South Africa as may be deemed necessary by Kohler Africa. Participants understand and agree that his personal information may, from time to time, be shared with suppliers, vendors and agents who may be engaged by Kohler Africa to assist with advertising and marketing activities for and on behalf of Kohler Africa (including, but not limited to, marketing communications, product updates and the like).
The announcement of a winner does not constitute a ruling by Kohler Africa that the winner has complied with these rules. Kohler may disqualify a participant after the announcement, should any rule transgressions be discovered.
Kohler Africa may select participants to be showcased on television and the participants understand that Kohler may utilize any and all recorded footage on television, social media, or any other media for promotional purposes.
Kohler Africa will not be liable for any damage or loss (including, but not limited to, indirect or consequential loss) arising from personal injury or death, or damage to property, which is suffered or sustained in connection with the Contest. Under no circumstance shall Kohler Africa, its subsidiaries, its holding company, its holding company’s subsidiaries or any other related company (“Kohler Group”) or their directors, employees, officers, agents or representatives, be liable to the participants and/or any third party for any loss of profits or loss of opportunity, incidental, indirect, consequential, special, exemplary or punitive damages whatsoever, even if they have been advised of the possibility of such damages. Participants expressly agree that his/her participation in the Contest is at his/her sole risk and is governed by the Terms and Conditions herein and no advice or information whether by representations, oral, written or pictorial derived from the relevant Kohler Africa Pages or through the said Contest shall be construed to mean the giving of any warranty of any kind by Kohler Africa.
The Participant hereby indemnifies and keep indemnified Kohler Africa and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees on an attorney and own client scale and court costs) which Kohler Africa may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the participant mentioned herein, any failure by the participant participating in the Contest to comply with applicable law and any third party claim in respect of misuse of any information of a third party. Kohler Africa shall have the right to defend themselves, pursuant to this clause, at the cost of the participant.
These terms and the aforesaid Contest shall be governed by the laws of Republic of South Africa. Any dispute arising out of this Contest will be subject to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg, Republic of South Africa.
For any further information or for a copy of these rules please contact Lulama Maswanganyi :LULAMA.MASWANGANYI@kohler.com