1. The terms and conditions set out below ("Terms and Conditions") apply to the Shell and Supersport competition (“Promotion”) being run and administered by Shell Downstream South Africa (Pty) Ltd (“Shell” or "Promoter" or "us" or "we") a company incorporated in South Africa with registration number 2007/016255/07, and whose registered office is situated at 57 Sloane Street, The Campus, Twickenham Building, Bryanston.
2. 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 in the Republic of South Africa.
3. 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 these clauses carefully.
3.1. Limitation of risk, legal responsibilities, and liability. Clauses 16, 19, 24, 25, 26, and 29 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, Shell for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clause 24 below is particularly important due to the potential for incurring risk, legal responsibilities, and liability. In terms of clause 24, 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.
3.2. Indemnities by you. Clauses 17 and 18 below require 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 29. 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 29. 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.
3.3. The Promotion is only valid in South Africa and is open to South African residents and South African citizens only. Participants must be in possession of a valid identity document, a valid driving license, as well as valid passport and must be aged 18 (eighteen) years or over. [Passports also need to have at least 3 blank pages]
4. By participating or entering this Promotion, participants will be deemed to have accepted and be bound by these Terms and Conditions, which are interpreted and construed in accordance with the laws of the Republic of South Africa.
5. Promotional Prizes:
5.1 Participants stand a chance of winning:
5.1.1 1 (one) set of double Paddock Club tickets (2 (two) day access) to an unforgettable experience at the Abu Dhabi Grand Prix taking place on the 19th & 20th 2022 and Ferrari world. This includes flights, accommodation, meals, all transfers, and visas. All other expenses not listed are excluded, and for the winners’ account. Campaign start date: 11 August 2022, End date: 11 October 2022
5.1.2 7 (seven) double tickets to the BMW Driving Experience valid between 11 November 2022 and 31 March 2023. All other expenses not listed are excluded, and for the winners’ account. Campaign start date: 11 August 2022, End date: 31 October 2022
5.1.3 5 (five) double VIP tickets - BMW M-Festival, tickets valid until 16 October 2022. All other expenses not listed are excluded, and for the winners’ account. Campaign start date: 11 August 2022, End date: 5 October 2022
5.2.1 Images displayed on the Promotion are for illustrative purposes only.
5.2.2 Prizes are not transferrable and cannot be redeemed for cash or the equivalent of cash.
5.2.3 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.
6. The Promotion will run from 11 August 2022 and end on 31 October 2022. No transactions received before 11 August 2022 at 00:00 and after 31 October 2022 at 23:59 will be accepted.
7. The winners of the prizes will be drawn and confirmed on the following dates:
7.1 BMW M-Festival tickets: 10 October 2022
7.2 2022 F1 Trip to the 2022 Abu Dhabi: 31 October 2022
7.3 BMW Driving Experiences: 30 November 2022
The draws will be conducted electronically, with all correct competition question eligible to win.
The draws are overseen by Deloitte & Touché.
8. The winner will be notified via email and/or telephonically. If Shell is unable to reach any participant whose name was drawn after 3 (three) telephone calls within a 48-hour period, such participant will be disqualified, and a draw of a replacement winner shall take place in the same manner as the first draw. The required documents also need to be submitted within the 48-hour period.
9. To enter the Promotion and stand a chance to win a prize, participants must enter the competition on the Supersport.com platforms with their correct details, and agree to the terms & conditions.
10. The Promoters may in their 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 condition on the Supersport.com website.
11. 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.
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 and/or any receipt of and/or use of a prize.
13. Participation in the Promotion constitutes acceptance of the Terms and Conditions, and participants agree to abide by the rules and participants hereby warrant that all information submitted to the Promoter is true, current, and complete.
14. 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.
15. Shell has discretion to award a prize subject to the availability of stock. Shell’s decision in this respect is final and no further correspondence concerning the Promotion or prizes will be entered.
16. 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).
17. Shell 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 Shell. 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.
18. 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) 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. Without limiting the rest of this clause 24, the participant will be responsible for the cost of submitting proof of purchase and entering the Promotion, and any data charges that apply, as per the tariff rates charged by the participant's mobile network provider.
19. Shell 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 Shell reasonably deems necessary. In the event that the prize is not available despite the Promoter’s reasonable endeavours to procure the prize, the Promoter reserves the right to substitute prizes of equal value.
20. Shell 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.
21. To the fullest extent permitted by law, neither Shell nor their 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 prize.
22. All participants and the winners, as the case may be, indemnify the Shell and their partners or agents supporting the Promotion , their advertising agencies, advisers, nominated agents and suppliers, its 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).
23. 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.
24. 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.
Shell will only collect personal information to fulfil the purpose for which it was collected or as required by applicable laws and regulations. Shell will not use your personal information for a different purpose or allow third parties to use or collect your personal information without first obtaining a participant’s consent.
26. For all queries in respect of this Promotion, please contact firstname.lastname@example.org
or 011-686 6000.