The terms and conditions set out below (“Terms and Conditions“) apply to the Monster Energy Hydro (“Promotion“) being run and administered by SWEAT 1000 (“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, the Terms and Conditions. This version of the Terms and Conditions applies to Participants (defined below) in the Republic of South Africa.
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 and not just what we say below.
1.1 Limitation of risk, legal responsibilities and liability.Clauses 12, 17 and 18 herein 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, SWEAT 1000 for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clause 17 herein below is particularly important because you take on risk, legal responsibilities and liability.In terms of this clause, you may be responsible for taxes, fees, claims and other amounts.You will 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.
1.2. Indemnities by you.Clauses 11, 12 and 17 herein 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 18 herein below. 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 clauses 18 and 19 herein below. 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.
2. The Promoter is SWEAT 1000, with an address of 76 Regent Street, Sea Point, Cape Town.
3. The Promotion is valid only in South Africa and is open to every South African citizen that is aged 18 or over.
4. The Promotion is not open to any agencies, sales agents/ merchandisers, packaging suppliers and their immediate family members (spouses, life partners, parents, grandparents, siblings, children and grandchildren) or their business partners, or any person who is (i) a director, member, partner, or agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by, the Promoter; or (ii) a supplier of goods or services in connection with the Promoter.
5. The promotion is not open to employees and their immediate families of ABI Bottling (PTY) Ltd, Coca-Cola Fortune (PTY) Ltd & Coca-Cola Shanduka Beverages SA (PTY) Ltd & SWEAT 1000.
6. Participation in the promotion constitutes your acceptance of these terms and conditions. All information relating to this promotion and published on any promotional material will form part of the terms and conditions of entry.
7. The promotion will run from the 1 June 2018 00h00 and end on 30th June 2018 24h00.
8. Participants wishing to participate in the Promotion must:
8.1 Post a photo at a Sweat 1000 studio after a workout with a Monster Hydro and tag @sweat_1000 and #MonsterHydro
8.2 Have a valid package with SWEAT 1000.
8.3 The draw will take place before 10 July, and will be chosen at random by SWEAT 1000.
9. There are two prizes that consist of:
Flights to Houston, Texas (Economy Class)
4 Nights accommodation (on a sharing basis)
Unlimited classes at Sweat 1000 in Houston. (based on availability)
10. The prize will be drawn before July 10th 2018, by Sweat 1000 and the conditions are:
10.1.The winner must be over the age of 18
10.2. Must be a South African citizen
10.3. Must have a valid passport and a valid VISA for the USA (where applicable)
10.4.Must be able to travel between September and October 2018
10.5. Prizes may not be transferred or exchanged for cash
11. No responsibility will be accepted by the Promoter, its associated companies (directors, officers and employees) agents and suppliers, for any prize which is lost, delayed, corrupted, damaged, misdirected or incomplete or due to delivery or other reasons.
12. As far as the law allows, all Participants indemnify the Promoter, its associated companies (directors, officers and employees) agents and suppliers, against any / 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.
13. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes such as appearing on Monster Energy Facebook page or Twitter feed. The Participants shall always be entitled to decline the above request. The Participants who take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of The Promoter.
14. By taking part in this Promotion, Participants hereby warrant that all information submitted to the Promoter is true, current and complete.
15. The Promoter may decline to award a prize (i.e. refuse to issue a prize to the Participant) if there is a reasonable suspicion of any irregularities or fraudulent activities.
16. 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.
17. As far as the law allows, the Promoter shall only be responsible for those costs which these Terms and Conditions expressly say that the Promoter will pay. The Participant is responsible for (i) any and all applicable local & international 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.
18. The Promoter reserves the right to terminate the Promotion immediately and without notice if circumstances beyond its reasonable control prevent the Promoter, its associated companies (directors, officers and employees) agents and suppliers, from continuing to conduct the Promotion. 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.
19. 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.
20. These Terms and Conditions shall be governed by the laws of South Africa.
21. 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.