TERMS AND CONDITIONS OF PARTICIPATION

 

TERMS AND CONDITIONS FOR THE HANSGROHE AXOR AFRICAEDITION COMPETITION
1. INTRODUCTION
1.1 This promotional competition (the “Competition”) is organized, promoted and sponsored by Hansgrohe South Africa Proprietary Limited (registration number: 1994/008123/07) (the “Promoter”), with:
1.1.1 head office at 30 Archimedes Street, Kramerville, Johannesburg; and
1.1.2 contact telephone number (011) 445 0000; and
1.1.3 contact e-mail address mariette.zietsman@hansgrohe.co.za.
1.2 If any questions arise regarding the Competition, same should be directed in writing to the e-mail address recorded in clause 1.1.3 above.
2. COMPETITION RULES
2.1 General
2.1.1 By entering and partaking in the Competition, each and every entrant (each a “Participant”) undertakes, warrants and agrees that:
2.1.1.1 he/she has the legal (and other) capacity and ability to enter and partake in the Competition, to subscribe to the Competition rules set out in these terms and conditions (the “T&C’s”) and to fully utilize the prizes on offer; and
2.1.1.2 these T&C’s are binding upon him/her, without exception; and
2.1.1.3 he/she will abide by, adhere to, comply with and subject himself/herself to these T&C’s, without exception.
2.1.2 A copy of these T&C’s is available at www.axorafrica.com.
2.1.3 All and any questions and/or disputes of interpretation of these T&C’s and/or any and all other documentation (albeit addenda or schedules to these T&C’s, entry forms and/or otherwise) issued, published and/or distributed by the Promoter regarding the Competition, shall be determined, settled and decided by the Promoter whose decision shall be final and binding on each and every Participant and in each and every instance.
2.1.4 Each and every Participant undertakes, warrants and agrees that he/she has been afforded enough time to read these T&C’s, and that he/she is wholly and completely aware of any and all of the terms and conditions thereof (including those terms and conditions printed in bold).
2.2 Participants
2.2.1 Subject to clauses 2.2.2 below and the remaining provisions of these T&C’s, the Competition will be open only to natural persons (i.e. excluding juristic persons) whom are citizens of a country on the African continent and who qualify as:
2.2.1.1 qualified, active and trading architects; and/or
2.2.1.2 active and trading interior designers.
(Hereinafter referred collectively to as “Professionals” and singularly as a “Professional”).
2.2.2 Each and every Participant must:
2.2.2.1 adhere to and comply with the entry processes, requirements and provisions set out in 2.3 below and elsewhere in these T&C’s in respect of submitting his entry for the Competition, which includes fully completing and submitting the entire entry form and supporting documents related to the Competition (the “Entry Form”);
2.2.2.2 be a natural person;
2.2.2.3 be a Professional;
2.2.2.4 be a citizen of a country on the African continent, holding a valid Identity Document issued by the governmental authorities of the country of which he/she is a resident (to be presented upon the Promoter’s request) on date of him/her submitting his/her Entry Form;
2.2.2.5 be 18 (eighteen) years of age or older on date of submitting his/her Entry Form;
in order to qualify as a Participant whose entry (and Entry Form) will be accepted and considered by the Promoter.
2.2.3 This Competition is not open to the directors, members, partners, employees, agents or consultants of the Promoter, any person who controls or is controlled by the Promoter, or any supplier of goods or services in connection with the Competition, or the spouses, life partners, business partners or immediate family members of any of the aforementioned disqualified persons.
2.3 Timing and Entries
2.3.1 The Competition shall commence on 01 April 2020 (at 00:00:01) and shall end on 30 June 2020 (at 23:59:59), both days inclusive (the “Competition Period”).
2.3.2 The Entry Form will be available and accessible at, and will be run and submitted through, www.axorafrica.com exclusively.
2.3.3 In order to enter the Competition, a Participant must:
2.3.3.1 design a customizable mounting plate or mood board (the “Plate”) meeting the requirements set out in the specifications available at www.axorafrica.com; and
2.3.3.2 upload his/her Plate design to Instagram and tag @Hansgrohesa, and/or to Facebook and tag @Hansgroheafrica, before the Competition Period lapses; and
2.3.3.3 access www.axorafrica.com, fully and completely complete the Entry From and submit same with his/her Plate Design as directed before the Competition Period lapses, or email Entry Form to either michaela.easton@hansgrohe.co.za or mariette.zietsman@hansgrohe.co.za.
2.3.4 No other method and/or form of entry (and/or Entry Form), other than as presented at www.axorafrica.com by the Promoter and stipulated in 2.3.3 above, will be made available, or accepted and/or considered, by the Promoter.
2.3.5 Participants may enter multiple designs 
2.3.6 No Entry Form received before or after the Competition Period will be accepted and/or considered by the Promoter.
2.3.7 No Entry Form which is incomplete, in any form or manner or for any reason whatsoever, will be accepted and/or considered by the Promoter.
2.3.8 In the event of a dispute as to whether or not anyone is entitled to enter the Competition, or whether or not an Entry Form should be accepted and considered by the Promoter, the Promoter will adjudicate on the matter in its sole and absolute discretion and its decision will be final and binding.
2.3.9 The Promoter accepts no responsibility, liability and/or accountability, and the Participant will not level/assign/infer or attempt to level/assign/infer any responsibility, liability and/or accountability against the Promoter, for and/or regarding any entry (Entry Form) which the Promoter does not receive, irrespective of the cause and/or reason for such non-receipt by the Promoter.
2.3.10 Each and every Participant warrants and guarantees that any and all details and/or data submitted by him/her via his/her Entry Form are accurate, complete and correct and not misleading in any way.
2.3.11 There are no fees charged, by the Promoter, to enter the Competition. Each and every Participant will be responsible and liable for the direct and/or indirect costs associated with and/or incurred in entering and/or participating in the Competition, albeit internet connectivity costs or otherwise. No compensation and/or refund may be, or will be, claimed by any Participant from the Promoter regarding any direct and/or indirect costs incurred by him/her in entering and/or participating in the Competition.
2.4 Winner Determination
2.4.1 The Promoter will, on 1 August 2020 and from all valid entries (Entry Forms) timeously received by it, announce the winner (the “Winner”) and the two runners up (the “Runners Up”) of the Competition.
2.4.2 Selection and determination of the Winner and the two Runners Up of the Competition, will be undertaken by three judges nominated by the Promoter in its sole and absolute discretion.
2.4.3 The judging panel’s determination and decision of the Winner and two Runners Up will be final, and no negotiations and/or correspondence will be entered into and/or entertained by the Promoter in this regard. Each and every Participant will accept and abide by the judging panel’s decision and determination regarding and of the Winner and two Runners Up.
2.5 Prizes and Notification
2.5.1 The Winner will receive as prize (the “Frist Prize”) a trip to the AXOR Factory in Germany during 2021, with the exact dates of the trip to be determined by the Promoter and communicated to the Winner post the Winner having been determined. The First Prize will include the following:
2.5.1.1 Return Economy Class flights for travel from OR Tambo International Airport, Johannesburg, including airport taxes, to Germany. The airline utilized will be determined by the Promoter in its sole and absolute discretion;
2.5.1.2 Return airport shuttle transfers to and from the airport in Germany;
2.5.1.3 Transportation to and from the AXOR Factory in Germany;
2.5.1.4 3 (three) nights’ accommodation in a 3 (three) star hotel in Germany;
2.5.1.5 Breakfast and supper at the accommodating hotel.
2.5.2 The Promoter will not be responsible and/or liable, and the Winner will not hold or attempt to hold the Promoter responsible and/or liable, for any other costs, liabilities, expenses and/or claims incurred or to be incurred by the Winner related (albeit directly or indirectly) to the Winner utilizing the First Prize (which other costs include but are not limited to travel to and from OR Tambo International Airport, Johannesburg; items of a personal nature; any sightseeing and excursions in Germany; alcoholic drinks; medical and travel insurance; application fees for passport and/or a visa; any additional extras; any changes made to the itinerary by the winner which results in any costs being incurred such as change of flights, additional accommodation, seating upgrades, etc.)
2.5.3 The two Runners Up will each receive as prize an AXOR Starck Showerhead 240 worth an estimated R10,099.00 (ten thousand and ninety nine Rand).
2.5.4 The prizes are neither transferrable nor redeemable for cash or any other prize/s. The Promoter reserves the right to substitute the prizes (or any of them) with any other prize/s of comparable commercial value if the original prizes (or any of them) are not available for any reason beyond the Promoter’s reasonable control.
2.5.5 The Winner and the two Runners Up will be notified via telephone and e-mail of their results in the Competition. The Promoter does however reserve the right to notify the Winner and the two Runners Up via any and all social media platforms the Promoter may determine in its sole and absolute discretion. Such notification via social media platforms will however be in addition to notification via telephone and e-mail.
2.5.6 The Promoter may require the Winner and two Runners Up to provide it with additional information as it may reasonably require in order to confirm the identity of the Winner and two Runners Up and to process and/or facilitate the Winner and two Runners Up’s receipt and use of the prizes. The Winner and two Runners Up will provide such requested information without delay.
2.6 Withdrawal and Replacement
2.6.1 The Winner and two Runners Up will be required to, and they will upon first request by the Promoter, undergo one or more verification audits in order to ensure that they complied, and continue to comply, with any and all of the provisions of these T&C’s.
2.6.2 In the event that:
2.6.2.1 the Winner or a Runner Up fails and/or refuses to undergo an audit contemplated in clause 2.6.1 above; and/or
2.6.2.2 it is found, via an audit contemplated in clause 2.6.1 above, that the Winner or a Runner Up did not comply and/or fails to comply with any and all of the provisions of these T&C’s; and/or
2.6.2.3 the Winner becomes, for any reason whatsoever and at any time whatsoever before commencement of the trip forming part of the First Prize, unable and/or unwilling to participate in, and/or disqualified from participating in, the said trip;
then the Winner or relevant Runner Up, as the case may be, will, in addition to any other rights and/or remedies the Promoter may have (albeit in terms of these T&C’s or otherwise), be deemed and regarded as having rejected the prizes and having withdrawn (and/or having been disqualified) from the Competition.
2.6.3 In the event of a deemed and regarded rejection, withdrawal and/or disqualification contemplated in clause 2.6.2 above:
2.6.3.1 the prize awarded the Winner or relevant Runner Up, as the case may be, will be forfeited;
2.6.3.2 the Winner or relevant Runner Up, as the case may be, will return any and all parts of the prize which have been delivered to him/her at that time without delay; and
2.6.3.3 should the Promoter so elect in its sole and absolute discretion, a new Winner or Runner Up, as the case may be, of the Competition will be elected/determined.
2.6.4 In the event that a new Winner will be elected/determined as contemplated in clause 2.6.3.3 above, such new winner will:
2.6.4.1 be elected/determined from the two Runners Up by the Promoter in its sole and absolute discretion; and
2.6.4.2 be subject to all of the terms and conditions of these T&C’s as a Participant and as a winner of the Competition.
2.6.5 In the event that a new Runner Up will be elected/determined as contemplated in clause 2.6.3.3 above, such new winner will:
2.6.5.1 be elected/determined from the Participant, whom have not previously been elected as Winner or Runners Up, by the Promoter in its sole and absolute discretion; and
2.6.5.2 be subject to all of the terms and conditions of these T&C’s as a Participant and as a winner of the Competition.
2.7 Intellectual Property
2.7.1 Each and every Participant warrants and guarantees that the Plate design submitted by him/her is the original creation (design) of the Participant and does not infringe on the intellectual property rights (such as copyright), or other rights, of any other person.
2.7.2 If a Plate design submitted by a Participant contains elements which are subject to the intellectual property rights, or other rights, of another, the Participant warrants that he/she holds the written permission of the other person, and that he/she otherwise has all of the consents and permissions required at law, to use such elements which are subject to the intellectual property rights, or other rights, of that other person.
2.7.3 The Participant remains solely responsible and liable to obtain all necessary consents and permissions for the design, submission and presentation of a Plate design and the Promoter shall not be liable for any infringement of intellectual property rights or any violation of privacy or consent.
2.7.4 All intellectual property (which shall include but not be limited to patents, copyright in plans, formulae, know-how and goodwill) which shall be created by the Participant for the purpose of and in the course of designing the Plate design shall belong to the Participant.
2.8 Publication and Showcase
2.8.1 By entering the Competition, each Participant authorizes the Promoter to collect, store and use (to the extent determined in these T&Cs or in other agreements/arrangements between the Participant and the Promoter) personal information of the Participant for communication (incl. marketing and advertising) or statistical purposes. Each Participant is however entitled to decline any marketing communication by e-mailing the Promoter in this regard.
2.8.2 The Winner and each Runner Up herewith agrees and consents to (at no fee) be identified in and/or to (at no fee) participate in any and all publicity, advertising and/or marketing activities/campaigns identified and/or required by the Promoter.
2.8.3 The Promoter will be entitled, allowed and authorised to take (and/or procure the taking of) photos of the Winner and/or Runners Up and their Plate designs (albeit with or without their
prior knowledge), and the Winner and Runners Up will reasonably co-operate with the Promoter in this regard. The Winner and Runners Up herewith agrees and consents to the aforementioned.
2.8.4 The Promoter will be entitled, allowed and authorised to use the name/s, photograph/s and/or other relevant personal information of the Winner and/or Runners Up for purposes of the Promoter’s marketing and advertising campaigns. The Winner and Runners Up herewith agree and consent to the aforementioned.
2.8.5 The Promoter has the right, permission and authority to publish the Winner and each Runner Up’s name, photographs and their Plate designs (at no fee) in any advertising, promotional, print, point of sale or public relations material. The Winner and Runners Up herewith agrees and consents to the aforementioned.
2.8.6 The nature of any and all publication, marketing and/or advertising referred to above, will be determined in the sole and absolute discretion of the Promoter, for a period of 12 (twelve) months from the date of determination of the Winner and Runners Up.
2.8.7 All publicity and other materials will be the sole property of the Promoter.
2.8.8 The Promoter will not breach the provisions of the Protection of Personal Information Act (Act 4 of 2013) in processing the Winner and/or Runners Up’s personal information.
2.8.9 The Promoter will, after the Competition Period but provided it holds the consent of the Participant, be entitled, allowed and authorised to showcase the submitted Plate design of that Participant in its showroom.
3. AMENDMENTS AND DISCONTINUANCE
3.1 The Promoter reserves the right, acting reasonably, to amend, modify or change these T&C’s (and/or any other documents, terms, conditions and/or rules relating, albeit directly or indirectly, to the Competition) at any time during the Competition. Such modifications, amendments and/or changes:
3.1.1 may relate to any aspect of the Competition;
3.1.2 may include the addition and/or deletion of any existing and/or proposed terms and conditions of the Competition, which amendments may also affect the identified prizes;
3.1.3 may be effected prior to the proposed starting date of the Competition and during the Competition Period, which may result in the Competition Period being reduced and/or extended as deemed necessary.
3.2 The Promoter reserves the right to terminate the Competition immediately and without notice if circumstances beyond its reasonable control prevent the Promoter from further conducting the Competition (these include a requirement by any regulatory term or applicable law to discontinue the Competition). For as far as is permissible under South African law, each and every Participant acknowledges and agrees that he/she will not have any recourse and/or claim of any nature whatsoever against the Promoter in respect of such termination/discontinuance of the Competition.
4. LIMITATION
4.1 As far as is legally permissible:
4.1.1 any and all warranties and/or representations in relation to the prizes and/or the Competition, which are not set out herein (whether express, implied or tacit), are hereby excluded;
4.1.2 neither the Promoter nor any of its associated companies, directors, officers, employees, shareholders, agents, affiliates, consultants and/or representatives shall be liable or accountable for any costs, claims, damages, losses, expenses, injury, death and/or harm (whether of a direct, indirect, special, consequential or other nature) suffered by any Participant, the Winner, the two Runners Up, arising from any cause whatsoever and/or which may be suffered as a result of entering and/or participating in the Competition, the provision and/or acceptance of the prizes, the use of the prizes and/or any act or omission of any other person (albeit a natural person or juristic person);
4.1.3 each and every Participant indemnifies and undertakes to hold the Promoter harmless regarding any and/or all claims, damages, losses, costs and/or expenses the Promoter may suffer as a result of such a Participant breaching the provision of these T&C’s.
4.2 Clause 4.1.2 does not purport to limit or exempt the Promoter from any loss directly or indirectly attributable to its gross negligence or willfully fraudulent acts.
5. LAW AND GOVERNANCE
5.1 These T&C’s shall be governed by the laws of the Republic of South Africa. The Participant consents to the non-exclusive jurisdiction of the High Court of South Africa, in respect of all matters arising out of or in connection with the Competition and/or these T&C’s.
5.2 Each and every provision of these T&C’s is severable from the remaining provisions of these T&C’s and should any provision of these T&C’s be in conflict with any applicable law, or be held to be unenforceable or invalid for any reason whatsoever, such provision should be treated as pro non scripto and shall be severable from the remaining provisions of these T&C’s which shall continue to be of full force and effect.
5.3 Terms and conditions in bold:
5.3.1 contain acknowledgements of facts by each and every Participant. Each and every Participant must read these statements carefully and ensure that they are correct, as he/she will not be able to deny the truth of the statements. The Promoter and others may also have claims against a Participant as a result of the said statements; and/or
5.3.2 limit and exclude obligations, liabilities and legal responsibilities which the Promoter may have, and also limit and exclude the Participant’s rights and remedies against the Promoter and/or other persons.

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