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Shell Lubricants NAMPO Promotion Terms and Conditions
Shell
Terms and Conditions
Shell Lubricants NAMPO Promotion: Stand a chance to Win Monthly Free Fuel For a Year worth R2 000 and Drive a Mahindra for a Year 14 May 2024 – 17 May 2024:
- The terms and conditions set out below (“Terms and Conditions”) apply to the Shell Lubricants NAMPO Promotion: Win Monthly Free Fuel for a year worth R2 000 and drive Mahindra for a year (“Promotion”) being run and administered by Shell Downstream South Africa (Pty) Ltd a company incorporated in South Africa with registration number 2007/016255/07 and whose registered address is situated at The Campus, Twickenham Building, 57 Sloane Street, Bryanston, 2021 (“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 these Terms and Conditions. This version of the Terms and Conditions applies to participants (defined below) in the Republic of South Africa.
- This Promotion is run in conjunction with the Scorpio-N Test Drive Competition run and administered by Mahindra and Mahindra South Africa (Pty) Ltd (“Mahindra”) and whose terms and conditions can be found at [●].
- 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.
4.1 Limitation of risk, legal responsibilities and liability. Clauses 11, 14, 19, 20, 21, and 24 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 Promoter for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clause 19 below is particularly important due to the potential for incurring risk, legal responsibilities, and liability. In terms of clause 19, you may be responsible for taxes, fees, claims and other amounts. You may 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.
4.2 Indemnities by you. Clause 12 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 clause 12. 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 23. 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 Promotion is only valid in South Africa and is open to South African citizens only participating at the NAMPO expo 2024 who visit the Shell branded Hall and Mahindra Stand and participate in the relevant activities. Participants must be in possession of a valid driver’s license and must be aged 18 (eighteen) years or older.
- By participating or entering this Promotion, participants will be deemed to have accepted and be bound by these Terms and Conditions, which are to be interpreted and construed in accordance with the laws of the Republic of South Africa.
- Participants stand a chance to win monthly free fuel worth R2 000 for a year and drive Mahindra for a year.
7.1 Consumer Promotion: Win Monthly Free Fuel worth R2000 for a year and Drive Mahindra for a year.
7.1.1 Participants stand a chance of winning one monthly Free Fuel voucher worth R2000 for a year and the use of a Mahindra vehicle for a year. The Promotion will run from 14 May 2024 until 17 May 2024.
7.1.2 In addition to the fuel voucher, participants stand a chance to win the use of a Mahindra vehicle for a year.
7.2 Important information:
7.2.1 Images displayed on the Promotion are for illustrative purposes only.
7.2.2 Owners and employees of Shell Downstream South Africa, Branded Distributors and resellers of Shell Branded Lubricants Distributors are not permitted to participate in this Promotion.
7.2.3 Participation in this Promotion is not open to (i) any director, member, partner, employee, agent of, consultant to, lessee of, sub-lessee of, (employee of such lessee/sub-lessee), or anyone associated with or affiliated to Shell via any direct/indirect brand affiliation or otherwise, and (ii) such prohibition extends to any spouse, life partner, parent, child, siblings, business partner or associate of such persons listed in (i).
7.2.4 Prizes are not transferrable and cannot be redeemed for cash or equivalent of cash.
7.2.5 The participants accept the Prize(s) at their own risk. In the event of unforeseen circumstances, the promoters reserve the right to substitute the Prize with a Prize of the same or greater value.
7.2.6 The Promotion will run from 14 May 2024 and end on 17 May 202 No entries received before 14 May 2024 at 00:00 and after 17 May 2024 at 23:59 will be accepted.
7.2.7 Mahindra and Shell will conduct a combined draw to select the winner of free fuel for a year worth R2 000 prize and the winner of the use of a Mahindra vehicle for a year prize.
7.2.8 The winner of monthly free fuel for a year worth R2 000 prize as well as the use of a Mahindra for a year will be drawn after 17 of May 2024.The draws will be conducted electronically by a third party.
7.2.9 The winner of a Prize will be notified telephonically or via email on the contact details shared using the QR code. If the Promoter is unable to reach any participant whose name was drawn after 3 (three) telephone calls, such participant will be disqualified, and a draw of a replacement winner shall take place in the same manner as the first draw.
7.2.10 The winner of the fuel for a year worth R2 000 may only use the prize to enable the use of the Mahindra vehicle for a year and may not use the fuel voucher for any other vehicle.
7.2.11 The handover of all the Prize(s) may take place at the Shell Head Office, upon request from the Promoter and consent by the winner.
7.2.12 The Prize is limited to only 1 (one) person. No extension to family members or others at own cost will be allowed.
- To qualify for the Promotion and stand a chance to win the Prize, participants must:
8.1 Be present at NAMPO 2024, between 14 May 2024 to 17 May 2024.
8.2 Visit the Shell Hall or the Mahindra Stand, participate in the activities at hand.
8.3 Following the Shell Hall and Mahindra Stand visit Participants must scan the QR Code provided at the Shell Hall and Mahindra Stand and answer the prompted questions or visit shell.co.za.
8.4 Participants must ensure that the contact details shared are correct.
- Please note that the Promotion is exclusively available at NAMPO 2024, Shell branded Hall and Mahindra Stand.
- Please note no other entries will be allowed other than in the manner set out in clause 7.
- The Promoter may in its sole discretion amend these Terms and Conditions at any time, without notice, and such amendment(s) shall be deemed to have taken effect from the date of publication of the revised terms and conditions on the shell.co.za site.
- 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 and 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.
- Participation in the Promotion constitutes acceptance of the Promotional rules and participants agree to abide by the rules and participants hereby warrant that all information submitted to the Promoters is true, current and complete.
- 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.
- The Promoter has discretion to award a Prize subject to the availability of stock. The Promoter’s decision in this respect is final and no further correspondence concerning the Promotion or Prizes will be entered into.
- The Participant acknowledges that the Promoter may collect, store and use (but not share) any personal information obtained by Shell for communication or statistical purposes. The processing of such personal information shall be subject to the Promoter’s Privacy Policy which can be found at https://www.shell.co.za/privacy.html. The Promoter will only collect personal information to fulfil the purpose for which it was collected or as required by applicable laws and regulations. The Promoter will not use your personal information for a different purpose or allow third parties to use or collect your personal information without first obtaining your consent.
- The Promoter may publish the winner(s) name(s) or image (s) in any advertising and promotional material or digital media for this Promotion and any other future promotions provided that the winner(s) has given his/her consent to the Promoter. Should the winner(s) consent to the use of his/her name or image in any advertising and promotional material or digital media for this Promotion and any other future promotions, he/she will have no claim to any compensation or payment in respect of the use of his/her name or image.
- The Promoter’s internal auditors are the appointed auditors for this Promotion. The Promoter reserves the right to appoint external auditors in its sole discretion and for any reason whatsoever.
- As far as the law allows, the Promoter shall only be responsible for those costs which these Terms and Conditions expressly say that the Promoters 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.
- The Promoter reserves the right to amend, modify, change, postpone, suspend or cancel this Promotion and any Prize which are not subject to terms of redemption, or any aspect thereof, without notice at any time, for any reason which it reasonably deems necessary. In the event that the Prize is not available despite the Promoter’s reasonable endeavors to procure the Prize, the Promoters reserve the right to substitute Prizes with another of equal value.
- The Promoter reserves the right to terminate the Promotion immediately and without notice. 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.
- To the fullest extent permitted by law, neither the Promoter nor its partners or agents supporting the Promotion shall be responsible for any loss, damage or injury whatsoever suffered by any Participant or winner (including but not limited to any direct, indirect, consequential, special, punitive or incidental loss or damages) or for any personal injury (whether physical or mental) suffered or sustained by the winner as a result of or in connection with the Promotion or the acceptance, use or application of the Prizes.
- All Participants and the winner, as the case may be, indemnify the Promoter and its partners or agents supporting the Promotion, its advertising agencies, advisers, nominated agents and suppliers, their affiliates and/or associated companies against any and all claims of any nature whatsoever arising out of and/or from their participation in any way howsoever in this Promotion (including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of Shell).
- 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.
- 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.
- For all queries in respect of this Promotion, please contact Shell’s Customer Call Centre during office hours on 0800 027 027 or via email on lubesenquiries-za@shell.com.
Mahindra
Terms and Conditions
Mahindra NAMPO Promotion: Stand a chance to Win Monthly Free Fuel For a Year worth R2 000 and Drive a Mahindra for a Year 14 May 2024 – 17 May 2024:
1) Eligibility
a. The Scorpio-N Test Drive Competition is open to individuals who are legal residents of South Africa and hold a valid driver’s licence at the time of entry.
b. Employees of Mahindra South Africa and its affiliates, subsidiaries, advertising, promotion, and fulfilment agencies, and their immediate family members or persons living in the same household are not eligible to participate.
2) Winner Selection
a. The winner will be selected randomly from all eligible entries received during the Competition period.
b. The winner will be contacted directly via telephone or email provided. If the winner does not respond within 24 hours, an alternate winner may be selected.
3) Prizes:
a. The prize for the Competition will be the use of a Mahindra vehicle for 12 months.
b. Prizes are non-transferable and cannot be substituted for any other alternative.
4) Publicity
a. By participating in the Competition, participants grant Mahindra the right to use their names, social media handles, photographs, and submitted content for promotional purposes without further compensation.
b. The winners will post on social media, a minimum of twice a month, showcasing the vehicle and tag Mahindra South Africa in their posts.
5) Disqualification and Termination
a. Mahindra reserves the right to disqualify any participant who violates the terms and conditions or engages in fraudulent or unethical behaviour.
b. Mahindra reserves the right to cancel, terminate, or modify the Competition if it cannot be completed as planned due to technical failures, viruses, or any other causes beyond the control of Mahindra that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition.
6) Release and Limitations of Liability
a. By participating in the Competition, participants release Mahindra from any liability arising out of or in connection with the Competition or the prizes awarded.
b. Mahindra is not responsible for any incorrect or inaccurate information, technical failures, or unauthorised human intervention in any part of the Competition.
c. Mahindra reserves the right at any time, without notice, to amend, modify, or change these Terms and Conditions and any prizes, for any reason which Mahindra reasonably deems necessary.
9) Governing law
a. The Competition and these terms and conditions are governed by and construed in accordance with the laws of the Republic of South Africa.
10) Privacy
a. Any personal information collected from participants during the Competition will be used solely for the purpose of administering the Competition and will be handled in accordance with applicable data protection laws and Mahindra’s privacy policy.
Prize Terms and Conditions
Mahindra and Mahindra South Africa (Pty) Ltd (“Mahindra”) agrees to lend to the Borrower, subject to these terms and conditions, the Vehicle as described in the schedule below, for the purpose of:
CONDITIONS OF USAGE OF VEHICLE
- OWNERSHIP OF THE VEHICLE
(a) The Vehicle shall remain the exclusive property of Mahindra.
(b) Nothing in this agreement shall be construed as conferring on the Borrower any right or interest in the Vehicle other than in terms of this agreement.
2. USE OF THE VEHICLE
The Borrower:
(a) shall only be permitted to use the Vehicle for the purpose specified above, and for no other purpose whatsoever;
(b) shall only be permitted to use the Vehicle for the time period specified by herein;
(c) shall not use the Vehicle (i) in contravention of any Law; (ii) in any race, speed test, contest or competition or on any test or race circuit; (iii) to propel or tow any vehicle, caravan or trailer; unless with the express consent thereto of Mahindra;
(d) shall not be permitted to remove the vehicle from the Republic of South Africa, except with the express written consent of Mahindra;
(e) shall not permit any other person to use or drive the Vehicle. The Borrower is specifically prohibited from lending the Vehicle to any other person, including any of the Borrower’s business associates, customers, friends, acquaintances, relatives and family, except with the express written consent of Mahindra;
(f) shall have no right to pledge or otherwise encumber, sell, alienate or dispose of the Vehicle.
3. DUTIES OF THE BORROWER
The Borrower:
(a) shall at all times take good care of the Vehicle and shall ensure that the Vehicle is used with due care and in a normal, proper and reasonable manner;
(b) ensure that the Vehicle, when not in use, is kept in a safe and secure facility in order to protect the Vehicle theft, damage and adverse weather conditions;
(c) undertakes to return the Vehicle to Mahindra in the same condition in which it was received, ordinary wear and tear excepted. Mahindra and the Borrower shall jointly complete and sign off the attached check-list which evidences the condition of the Vehicle prior to the Borrower taking possession of the Vehicle, and again on return of the Vehicle; The Borrower shall not be liable to Mahindra under any circumstances for any damage or the condition or state of the Vehicle unless same has been occasioned as a result of gross negligence wilful misuse/abuse of the Vehicle by the Borrower.
(d) shall be obliged to return the Vehicle to Mahindra on the date specified above in a clean state and with the same amount of fuel as was made available to the Borrower. The cost of fuel whilst the Vehicle is in the Borrower’s possession is for the Borrower’s own account;
(e) shall NOT make any alterations or modifications to the Vehicle which includes the adding or removal of parts and/or accessories. The Borrower is to contact Mahindra immediately should the Vehicle require any sort of maintenance or repairs whatsoever.
4. DUTIES OF Mahindra
(a) Mahindra shall ensure that the vehicle is in good working order when handed to the Borrower.
(b) Mahindra shall, at its sole election comprehensively insure the Vehicle.
5. RISK
(a) The Vehicle is loaned by Mahindra to the Borrower at the sole risk of Mahindra
(b) In any instances where Mahindra has insured the Vehicle in accordance with clause 4(b), and it transpires that any damage and/or loss caused to the Vehicle is attributable to the Borrower being in default of this agreement, then Mahindra reserves the right to hold the Borrower liable for the full cost of any damage/loss sustained to the Vehicle, alternatively for any excess payment payable by Mahindra to the insurer.
(c) The Borrower shall report any accident that the Vehicle is involved into the South Africa Police Services within 24 (twenty-four) hours, and obtain from Mahindra the necessary insurance forms, complete same and send it back to Mahindra within 3 (three) days. The Borrower furthermore undertakes to appear in Court should it be necessary to do so.
(d) The Borrower shall immediately report to Mahindra any damage, accident, breakdown or theft involving the Vehicle or the Vehicle’s parts and/or accessories.
6. FINES, PENALTIES AND TOLL FEES
(a) The Borrower is solely responsible for the payment of all fines and penalties imposed as a result of any traffic violation or for any statutory offence whilst the Vehicle in in the Borrower’s possession.
(b) The Borrower is solely responsible for the payment of all toll fees.
(c) The Borrower undertakes to pay all fines, penalties and toll fees due in terms of clauses a and b above on due date thereof.
7. BORROWER’S WARRANTIES
(a) The Borrower warrants that he/she is in possession of a valid South African Driver’s License, Code B or EB with no vehicle restrictions and no endorsements, which the Borrower validly obtained by passing the necessary written and practical driving tests.
8. INDEMNITY
(a) The Borrower indemnifies Mahindra and its holding company and all its subsidiary companies and the directors, officers, employees and agents thereof against – Any claim of any nature which the Borrower or any person may have against Mahindra in respect of any loss or damages which may be suffered by any person caused, directly or indirectly, by the Vehicle or the use, operation, possession or control thereof by the borrower in terms of this agreement; and
i. All claims, fines, penalties and legal proceedings whatsoever which might be made, levied or instituted by any person whatsoever arising out of or in connection with this agreement is so far as the possession, use and/or operation of the Vehicle by the borrower concerned.
(b) This indemnity shall remain in force notwithstanding any termination of this agreement, howsoever arising.
9. BREACH
(a) In the event of the Borrower committing any breach in terms of this agreement, or in the event of the Borrower failing to return the Vehicle on due date or on demand, for any reason whatsoever, Mahindra shall be entitled to cancel this agreement and retake possession of the Vehicle without prejudice to Mahindra’s rights to claim damages for any loss that Mahindra may have suffered as a result of such breach.
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