Terms and Conditions for Kohler United 145th Anniversary Contest
Terms and Conditions for Kohler United 145th Anniversary 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 145th Anniversary 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 campaign designed 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 from June 1 to 31 July 2019. Kohler Africa reserves the right to extend or shorten the Contest period, as it deems fit without any prior intimation to the participants.
The Contest is run by Kohler Africa and is open to all qualifying people who reside in South Africa, Kenya, Tanzania, Uganda and Mauritius, except the directors, members, partners, agents or 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.
All participants in the Contest must be at least 18 (eighteen) years of age, have a valid passport at the date of entry and must be willing and available to travel to England between September 1, 2019 and March 31, 2020. Should any winner not be able travel for any reason whatsoever, such person will forfeit his/her right to receive the prize and will not be entitled to any compensation therefor.
The automatic spot prize will be one of the Manchester United Kohler polo shirts, footballs, scarves or water bottles (subject to availability) and the Grand Prize will be airfare, accommodation, meals and tickets to a Manchester United home match for two (2) people.
In order to enter the Contest, a participant must purchase a Kohler Product to the value of no less than KSH 250 000, or the equivalent in their local currency (qualifying amounts mentioned below for each country), and must also complete the relevant entry form providing the entrant’s name, surname, cellphone number and email address in order to be entered into the draw for an all-expenses* paid trip to watch a Manchester United home match at Old Trafford for two (“Grand Prize”). All persons spending the qualifying amount will receive a spot prize of one of the following: a Kohler/Manchester United water bottle, scarf, football, or polo shirt (subject to availability) and Only one winner will be selected from all the qualifying entrants for the Grand Prize.
Qualifying amounts are the following:
Kenya: KSH 250,000
South Africa: ZAR 20,000
Uganda: Ugandan Shilling 5,000,000
Mauritius: MUR 100,000
Tanzania: Tanzanian Shilling 3,000,000
All amounts are INCLUSIVE of VAT.
*The Grand Prize consists of the following:
- two (2) return economy tickets from Johannesburg, Mauritius, Nairobi, Dodoma, Kampala, Abuja or Accra (depending on the location of the winner) to London;
- two (2) return economy train tickets from London to Manchester;
- two (2) general admission match tickets for the winners (one (1) ticket each) to attend a Manchester United home match (at Kohler Africa’s sole discretion) in the 2019 / 2020 season;
- Two nights’ accommodation (to be chosen by Kohler Africa in their sole and absolute discretion) for each winner;
- transportation for two (2) to and from the match; and
- Meals worth a maximum of GBP 100 over the duration of the stay
Any other expenses apart from those detailed above are not included in the Grand Prize and the winners are solely responsible for all other costs, including visa’s, transport costs, meals, insurance, or any other expenses.
The Grand Prize winner will be selected by a lucky draw on or before August 31, 2019 from among all qualifying participants who made the required spend on Kohler products and completed the entry form.
The Grand Prize winner will be notified by way of email or telephone as soon as reasonably possible after the conclusion of the lucky draw.
Kohler Africa’s decision shall be final and binding on all participants regarding the winner of the lucky draw and no correspondence will be entered into by Kohler Africa.
The Contest is limited to one entry per participant and no multiple entries will be permitted. Each participant will only be entitled to a single entry to the Contest regardless of the number of qualifying products purchased.
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 valid.
In order to claim the Grand Prize the winner will need to respond with his/her requested details within 1 (one) week of being notified in order to receive the prize. Kohler Africa reserves the right to disqualify the winner if he/she does not respond to the abovementioned notification within 1 (one) week. If the Grand Prize is not claimed by the winner Kohler Africa may, in its sole discretion either close the Contest or select an alternate winner from the remaining Contest entries.
Kohler Africa reserves the right to disqualify any entry/entrant from participating in the Contest that becomes the subject of any public scandal or makes any profane, racist, sexist comments (including on social media) or otherwise hurts the sentiments of others/public, without liability.
Kohler Africa reserves the right to amend the rules at any time during the Contest. Any amendments to these Terms and Conditions will be placed on Kohler’s website www.africa.kohler.com 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 1 June 2019 to 31 July 2019.
All of the prizes (including the Grand Prize) are not transferable, cannot be deferred, exchanged, redeemed for cash and are not negotiable.
Kohler Africa reserves the right to reject any entries that do not comply with these Terms and Conditions or are otherwise 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 will be required to disclose their personal 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 names, image and 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 social media 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 Grand Prize 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 any prize, including the Grand 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 your personal information for the prize claim, 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/her 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 keeps 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