Terms and conditions Shower-like-a-champion Campaign 2017

TERMS AND CONDITIONS APPLICABLE TO HANSGROHE COMPETITIONS


1. INTRODUCTION

1.1 The terms and conditions contained herein are applicable to each and every competition, promotional competition and/or promotional activity (each a "Competition") organised, conducted, marketed, promoted and/or sponsored by Hansgrohe South Africa (Pty) Limited (registration number: 1994/008123/07) ("Hansgrohe").

1.2 The terms and conditions are contained in:

1.2.1 Part A hereof, which contains the general terms and conditions (the "General Ts & Cs") applicable to each and every Competition organised, conducted, marketed, promoted and/or sponsored by Hansgrohe; and

1.2.2 Part B hereof, which contains the specific terms and conditions (the "Specific Ts & Cs") applicable to the Competition referred to in Part B which is currently being organised, conducted, marketed, promoted and/or sponsored by Hansgrohe and is open for entry.

1.3 Both the General Ts & Cs and the Specific Ts & Cs (hereinafter collectively referred to as the "Terms and Conditions") are applicable to each and every Competition organised, conducted, marketed, promoted and/or sponsored by Hansgrohe.

1.4 In the event that there is any conflict and/or inconsistency between the provisions of the General Ts & Cs and provisions of the Specific Ts & Cs, the provisions of the Specific Ts & Cs shall prevail to the extent of such conflict and/or inconsistency.

1.5 For purposes of the Terms and Conditions, Hansgrohe’s contact details are as follows:

1.5.1 head office at 30 Archimedes Street, Kramerville, Johannesburg;

1.5.2 contact telephone number (011) 445 0000; and

1.5.3 contact email address competitions@hansgrohe.co.za.

Please scroll down to PART B for the Shower like a champion specific Ts & Cs.

PART A: GENERAL Ts & Cs

2. COMPETITION RULES

2.1 General

2.1.1 By entering into and partaking in the Competition, each and every entrant (each a "Participant") undertakes, warrants, consents and agrees that:

2.1.1.1 he/she has the legal capacity and ability to enter into, and partake in, the Competition, to subscribe to the Terms and Conditions and to fully utilise the prizes on offer;

2.1.1.2 the Terms and Conditions 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 the Terms and Conditions without exception.

2.1.2 If any questions arise regarding the interpretation of the Terms and Conditions, the Competition and/or any other documentation in relation to the Competition or the Terms and Conditions (albeit entry forms and/or any other document issued, published and distributed by Hansgrohe in relation to the Competition), such questions should be directed in writing and delivered/sent to the physical address recorded in paragraph 1.5.1 above or the email address recorded in paragraph 1.5.3 above. The name of the Competition to which the questions relate must be clearly stated in the subject line of the email or written query.

2.1.3 If any dispute arises in relation to the interpretation of the Terms and Conditions, the Competition and/or any other documentation in relation to the Competition or the Terms and Conditions (albeit entry forms and/or any other document issued, published and distributed by Hansgrohe in relation to the Competition), Hansgrohe will adjudicate on the dispute in its sole and absolute discretion and its decision will be final and binding on each and every Participant.

2.1.4 Each and every Participant undertakes, warrants and agrees that he/she has been afforded enough time to read the Terms and Conditions, and that he/she is wholly and completely familiar with all of the provisions of the Terms and Conditions (including those terms and conditions printed in bold).

2.2 Participants

2.2.1 Subject to paragraphs 2.2.2 and 2.2.3 below and the Specific Ts & Cs recorded in Part B below, each and every Participant must:

2.2.1.1 fully complete and submit the entire entry form related to the Competition (the "Entry Form") in accordance with the Specific Ts & Cs recorded in Part B below;

2.2.1.2 be a natural person (i.e. no juristic person is entitled to enter);

2.2.1.3 be a South African citizen with a valid South African identity document (to be presented upon Hansgrohe’s request) on date of submitting his/her Entry Form; and

2.2.1.4 be 18 (eighteen) years of age or older on the date of submitting his/her Entry Form. Unless not permitted by the Specific Ts & Cs, should a Participant be younger than 18 (eighteen) years of age on the date of submitting his/her Entry Form, such Participant shall be entitled to participate in the Competition provided that he/she has obtained the prior consent of his/her parent or legal guardian to enter into the Competition (proof of such consent is to be presented upon Hansgrohe’s request).

2.2.2 Hansgrohe reserves the right, in its sole and absolute discretion, to disqualify any Participant that does not comply with, or has acted contrary to, the provisions of the Terms and Conditions and/or has attempted to unfairly influence the course of the Competition in any manner whatsoever.

2.2.3 The Competition is not open to the directors, members, partners, employees, agents or consultants of Hansgrohe, any person who controls or is controlled by Hansgrohe, 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, and end on the dates (both days inclusive) referred to in the Specific Ts & Cs recorded in Part B below (the “Competition Period”).

2.3.2 Unless specified otherwise in the Specific Ts & Cs recorded in Part B below, the Entry Form will be available and accessible at, and will be run and submitted through, www.hansgrohe.co.za/Competitions or such other online platform as may be specified in the Entry Form, on marketing material and/or by the QR Code in relation to such material, from time to time (the “Platform”). In order to enter the Competition, a Participant must access the Platform, fully and completely complete the Entry From and submit same as directed. No other method and/or form of entry (and/or entry form), other than as presented at Platform by Hansgrohe, will be made available, accepted and/or considered, by Hansgrohe.

2.3.3 Participants are entitled to submit the number of Entry Forms referred to in the Specific Ts & Cs recorded in Part B below.

2.3.4 No Entry Form received before or after the Competition Period will be accepted and/or considered by Hansgrohe.

2.3.5 No Entry Form which is incomplete or contains false/inaccurate information, in any form or manner or for any reason whatsoever, will be accepted and/or considered by Hansgrohe.

2.3.6 To the extent required and unless specified otherwise in these Terms and Conditions, Hansgrohe will arrange any withholdings and/or declaration of gambling taxes in compliance with the Gambling Act (Act 7 of 2004).

2.3.7 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 Hansgrohe, Hansgrohe will adjudicate on the matter in its sole and absolute discretion and its decision will be final and binding.

2.3.8 Hansgrohe 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 Hansgrohe, for and/or regarding any entry (Entry Form) which Hansgrohe does not receive, irrespective of the cause and/or reason for such non-receipt by Hansgrohe.

2.3.9 Hansgrohe 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 Hansgrohe, for and/or regarding any use, defect and/or damages arising from the use of the Platform irrespective of the cause and/or reason thereof.

2.3.10 Each and every Participant warrants and guarantees that any and all details and/or data submitted by him/her in his/her Entry Form is accurate, complete and correct and not misleading in any way.

2.3.11 There are no fees charged, by Hansgrohe, 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 Hansgrohe 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 Hansgrohe will, on the date referred to in the Specific Ts & Cs recorded in Part B below and from all valid entries (Entry Forms) timeously received by it, select, draw and/or determine the winner/s of the Competition (each a “Winner”) in accordance with the Specific Ts & Cs recorded in Part B below.

2.4.2 Hansgrohe’s selection, draw and/or determination of the Winner of the Competition will be final, and no negotiations and/or correspondence will be entered into and/or entertained by Hansgrohe in this regard. Each and every Participant will accept and abide by Hansgrohe’s selection, draw and/or determination regarding and of the Winner.

2.4.3 In the event that Hansgrohe is unable to contact the Winner via telephone or email within 2 (two) weeks from the date referred to in paragraph 2.4.1 above, Hansgrohe reserves the right, in its sole and absolute discretion, to select, draw and/or determine a different Winner in accordance with the Specific Ts & Cs recorded in Part B below.

2.5 Prizes and Notification

2.5.1 Hansgrohe will provide the prizes referred to in the Specific Ts & Cs recorded in Part B below.

2.5.2 Hansgrohe will not be responsible and/or liable, and the Participant will not hold or attempt to hold Hansgrohe responsible and/or liable, for any other costs, liabilities, expenses, defects, damages and/or claims incurred or to be incurred by the Winner in preparing for, participating in, utilizing and/or otherwise related (albeit directly or indirectly) to the Prize (which costs include but are not limited to defects, upgrade packages, transportation, sustenance, cancellation etc.).

2.5.3 If the prize consist of holidays and/or flights outside of South Africa, the Participant must be in possession of a valid passport at the date on which the prize is awarded, failing which Hansgrohe will be entitled to select, draw and/or determine a different Winner for the prize in accordance with the Specific Ts & Cs recorded in Part B below.

2.5.4 In the event of a prize being unavailable, Hansgrohe reserves the right, in its sole and absolute discretion, to replace the prize with an alternative prize of equal or greater value.

2.5.5 In the event that the Winner does not claim, collect and/or redeem his/her prize within a period of 3 (three) calendar months from the date on which the prize is awarded to him/her, his/her entitlement to receive the prize shall automatically lapse and the Winner shall have no recourse, of whatsoever nature, against Hansgrohe.

2.5.6 The Winner shall bear all costs and expenses not specifically included in the prizes (i.e. visas and travel documents).

2.5.7 The prizes are neither transferrable nor redeemable for cash or any other prize/s. Hansgrohe 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 Hansgrohe’s reasonable control.

2.5.8 The Winner will be notified via telephone and email of the fact that he/she has won the Competition. Hansgrohe does however reserve the right to notify the Winner via any and all social media platforms Hansgrohe may determine in its sole and absolute discretion. Such notification via social media platforms will however be in addition to notification via telephone and email.

2.5.9 Hansgrohe may require the Winner to provide it with additional information as it may reasonably require in order to confirm the identity of the Winner and to process and/or facilitate the Winner’s use of the prizes. The Winner will provide such requested information to Hansgrohe without delay.

2.6 Publication

2.6.1 By entering the Competition, each Participant authorises Hansgrohe to collect, store and use (to the extent determined in the Terms and Conditions or in other agreements/arrangements between the Participant and Hansgrohe) personal information of the Participant for communication (including marketing and advertising) or statistical purposes. Each Participant is however entitled to decline any marketing communication by emailing Hansgrohe in this regard.

2.6.2 The Winner 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 Hansgrohe.

2.6.3 Hansgrohe will be entitled, allowed and authorised to take (and/or procure the taking of) photos of the Winner (albeit with or without his/her prior knowledge), and the Winner will reasonably co-operate with Hansgrohe in this regard. The Winner herewith agrees and consents to the aforementioned.

2.6.4 Hansgrohe will be entitled, allowed and authorised to use the name/s, photograph/s and/or other relevant personal information of the Winner for purposes of Hansgrohe’s marketing and advertising campaigns. The Winner herewith agrees and consents to the aforementioned.

2.6.5 Hansgrohe has the right, permission and authority to publish the Winner’s name and photographs (at no fee) in any advertising, promotional, print, point of sale or public relations material. The Winner herewith agrees and consents to the aforementioned.

2.6.6 The nature of any and all publication, marketing and/or advertising referred to above, will be determined in the sole and absolute discretion of Hansgrohe, for a period of 12 (twelve) months from the date of determination of the Winner.

2.6.7 All publicity and other materials will be the sole property of Hansgrohe.

2.6.8 Hansgrohe will not breach the provisions of the Protection of Personal Information Act (Act 4 of 2013) in processing the Winner’s personal information.

3. AMENDMENTS AND DISCONTINUANCE

3.1 Hansgrohe reserves the right, acting reasonably, to amend, modify or change the Terms and Conditions (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; and/or

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 Hansgrohe reserves the right to terminate the Competition immediately and without notice if circumstances beyond its reasonable control prevent Hansgrohe from further conducting the Competition (these include a requirement by any regulatory term or applicable law to discontinue the Competition). Insofar 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 Hansgrohe 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 in the Terms and Conditions (whether express, implied or tacit), are hereby excluded;

4.1.2 neither Hansgrohe 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 and/or the Winner, 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); and

4.1.3 each and every Participant indemnifies and undertakes to hold Hansgrohe harmless regarding any and/or all claims, damages, losses, costs and/or expenses Hansgrohe may suffer as a result of such a Participant breaching the provision of the Terms and Conditions.

4.2 Paragraph 4.1.2 above does not purport to limit or exempt Hansgrohe from any loss directly or indirectly attributable to its gross negligence or wilfully fraudulent acts.

5. LAW AND GOVERNANCE

5.1 The Terms and Conditions 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 the Terms and Conditions.

5.2 Each and every provision of the Terms and Conditions is severable from the remaining provisions of the Terms and Conditions and should any provision of the Terms and Conditions 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 the Terms and Conditions which shall continue to be of full force and effect.

5.3 The 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. Hansgrohe 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 Hansgrohe may have, and also limit and exclude the Participant’s rights and remedies against Hansgrohe and/or other persons.

PART B: SPECIFIC Ts & Cs

6. Competition Specifications

6.1 In addition to the General Ts & Cs, the Specific Ts & Cs governing the Competition are the following:

6.1.1 Name: the Competition name is the “Shower Like A Champion Competition 2017”;

6.1.2 Competition Period: the Competition Period commences on 1 July 2017 and endures up to and including 31 December 2017;

6.1.3 Additional Entry Requirements:

6.1.3.1 Participants are permitted to submit one Entry Form per purchase of Hansgrohe products provided that:

6.1.3.1.1 the purchase is equal to or in excess of R1 000.00 (one thousand rand); and

6.1.3.1.2 the purchase includes the purchase of Hansgrohe shower products equal to or in excess of R1 000.00 (one thousand rand);

6.1.3.2 Participants are entitled to submit one Entry Form per R1 000.00 (one thousand rand) purchase of Hansgrohe shower products (i.e. should a Participant purchase R10 000.00 (ten thousand rand) worth
of Hansgrohe shower products, the Participant shall be entitled to enter the Competition 10 (ten) times utilising the same till slip). Any additional Entry Forms submitted in respect of the same purchase/till slip will be disregarded by Hansgrohe;

6.1.3.3 together with each and every Entry Form, Participants are required to submit/upload the till slip reflecting the purchase referred to in paragraph 6.1.3.1 above on the Platform. Till slips are required to be submitted/uploaded in “PDF”, “png”, “jpg” or “jpeg” format;

6.1.4 Winner Determination:

6.1.4.1 all Entry Forms that comply with, and meet the requirements of, the Terms and Conditions will be entered into a random/lucky draw with the ultimate Winners of the Competition being determined in January 2018 by lot or chance via the random/lucky draw to be made and undertaken by an independent adjudicator nominated by Hansgrohe;

6.1.4.2 the determination of the ultimate Winners of the Competition will be final, and no negotiations and/or correspondence will be entered into and/or entertained by Hansgrohe in this regard. Each Participant will accept and abide by the result of the random/lucky draw regarding and of the ultimate winner of the Competition; and

6.1.4.3 for each of 3 (three) main prizes and the monthly prizes referred to in paragraph 6.1.5 below, one Winner will be drawn;

6.1.5 Prizes:

6.1.5.1 Hansgrohe shall provide the following prizes for the Competition:

6.1.5.1.1 Grand Prize: the first Winner drawn in January 2018 in accordance with the provisions of the Terms and Conditions, shall win a trip for 2 (two) people to the final stage of the Tour de France in July 2018. The prize includes 2 (two) economy class flights, 2 (two) over-night stays (breakfast included) for 2 (two) people in a centrally located 4* (four star) hotel in Paris and 2 (two) tickets to the Bora-Hansgrohe VIP event in Paris, all of which will be paid for, arranged, selected and organised by Hansgrohe (or on its behalf) for and on behalf of the Winner. The total value of the Grand Prize is estimated to be equal to R100 000.00 (one hundred thousand rand);

6.1.5.1.2 Second Prize: the second Winner drawn in January 2018 in accordance with the provisions of the Terms and Conditions, shall win a Specialized Road Bike estimated to have a value of R50 000.00 (fifty thousand rand);

6.1.5.1.3 Third Prize: the third Winner drawn in January 2018 in accordance with the provisions of the Terms and Conditions, shall win a fitted Bora-Hansgrohe cycling kit and a Hansgrohe Raindance Showerhead (product code 27478000) estimated to have a value of R10 000.00 (ten thousand rand). The Bora-Hansgrohe cycling kit consists of, and includes, 1 (one) Bora-Hansgrohe replica jersey, 1 (one) pair of Bora-Hansgrohe BIB pants, 1 (one) pair of Bora-Hansgrohe cycling socks, 1 (one) pair of Bora-Hansgrohe cycling gloves and 1 (one) Bora-Hansgrohe cap; and

6.1.5.1.4 Monthly Prizes: each calendar month of the Competition Period, one Winner will be drawn on the last business day of each month from the Entry Forms received as at the date of the draw for the duration of the Competition Period in accordance with the provisions of the Terms and Conditions. The monthly Winners will each receive 1 (one) fitted Bora-Hansgrohe replica jersey. The monthly Winner of each month will remain, and be entered into, the final draw for prizes referred to in paragraphs 6.1.5.1.1 to 6.1.5.1.3 above.