1. PROMOTER

The promoter of this Promotional Competition is Kaap Agri Bedryf Limited, Registration No. 1995/000336/06, a company incorporated in the Republic of South Africa, with registered address at 1 Westhoven Street, Paarl, 7646, South Africa (“the Promoter”).

2. PARTICIPANTS

Any person who enters this Promotional Competition (“the Participant”) acknowledges that the terms and conditions set out herein shall be binding on them, and further, that the Promotional Competition shall be subject to the provisions of the Consumer Protection Act No. 68 of 2008 (“the Act”).

3. WHO IS ELIGIBLE TO COMPETE?

3.1 To participate in the Promotional Competition, the Participant must be a citizen or a permanent resident of South Africa, be in possession of a valid South African Identity Document, or a Passport, and must be 18 years or older as at the date on which the Participant enters the Promotional Competition. Should the Participant entering be a juristic person or a trust the person representing the juristic person or trust must be 18 years or older as at the date on which the Participant enters the Promotional Competition, and be fully authorized by the juristic person or trust.

3.2 To qualify to participate in the Promotional Competition, the Participant must purchase any New Holland tractor or New Holland implement at any Agrimark Mechanisation branch of Kaap Agri Bedryf Limited; or contracted with Kaap Agri Bedryf Limited to service or repair any New Holland product at any Agrimark Mechanisation workshop to the value of R25 000 or more (excluding VAT) per invoice.

3.3 Prizes are not transferrable, and may not be deferred, changed or exchanged for any other item or cash.

3.4 Only one entry per transaction (invoice) is allowed.

4. WHO IS EXCLUDED?

4.1 Any individual who is a director or employee of the Promotor, or of any of the companies within the Kaap Agri Group, or their immediate family (spouse and children) or a juristic person or trust which such director or employee has the ability to control, individually or taken together with their immediate family, or a trust of which such director or employee is a beneficiary.

4.2 Any promotional advertising or digital consultant, or a supplier of goods and services in connection with this competition, may not participate.

5. HOW TO ENTER

5.1 The Promotor will contact each person who qualifies to enter in terms of the provisions of clause three (3) above. These Terms and Conditions will be provided to such person and are also available on the Kaap Agri website.

5.2 The person so contacted must then indicate whether he or she wishes to enter the Promotional Competition by sending a confirmation email to [email protected] in which case they will be entered as a Participant.

5.3 By sending the confirmation email, Participants acknowledge that they read and understand the Terms and Conditions and abide by them.

6. ENTRY AND CLOSING DATES OF COMPETITION

The competition starts on 1 March 2022 and ends on 31 October 2022. No entries will be accepted after 23h59 on 31 October 2022.

7. THE PRIZE

7.1 Participants stand a chance to win the following prize:

New Holland TT3.50 2WD Tractor.

8. DRAWS

8.1 All valid entries will be entered into a random draw selection to determine a finalist per each Agrimark Mechanisation branch.

8.2 The random draw selection process to determine the finalists will occur under the supervision of Kaap Agri’s Internal Audit department.

8.3 Branch finalists will be announced on www.facebook.com/agrimark and www.instagram.com/agrimark by the Promotor as well as in any other manner deemed fit by the Promotor.

8.4 The draw for the tractor will be held at Allesverloren Wine Estate on 18 November 2022. All finalists will be invited, but no finalist is compelled to attend.

8.5 Should a Participant win a prize, the Participant undertakes to expeditiously do all things necessary to enable the Promoter to comply with all of its obligations in terms of the Act, including but not limited to, providing such personal information as may be required in order to facilitate the handing over of the prize (including providing proof of address and identity number, and signing receipt of the prize upon it being necessary).

9. JUDGE’S DECISION

The Promoter’s decision regarding any aspect of the Promotional Competition is final and no discussion or correspondence about the outcome of this Promotional Competition will be entered into.

10. INDEMNITY

10.1 The Promoter will not be liable for any loss, liability, injury, expense or damage (including direct, indirect, incidental, punitive or consequential loss) of any nature, whether arising from negligence or any other cause, which is suffered by any Participant as a result of his/her participation in this competition and/or by any action taken by the Promoter or any of its affiliates in accordance with these Terms and Conditions, and the Participants indemnify the Promotor, its advertising agencies, agents, suppliers and affiliates and/or associated companies against any and all claims of any nature whatsoever arising out of and from their participation in any way howsoever in this Promotional Competition (including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of the Promotor.)

10.2 Participants agree that participating in the Promotional Competition, and acceptance and/or use of a prize, or any aspect thereof, is done at their own risk, and indemnify the Promoter and the organisers from any claims that may arise from the use or service of the prize, and undertake not to issue any claims against Kaap Agri for damage or injury that may result from the acceptance or usage of the prize or from their participation in the Promotional Competition.

10.3 The Promoter does not make any representation or give any warranties, whether expressly or implicitly as to the prize, and in particular, without limitation, makes no representations and gives no warranty that the prize, or any aspect thereof, will meet the Participant’s requirements, preferences, standards or expectations; or be satisfactory.

10.4 The Participant acknowledges that he/she shall not be entitled to claim the prize, should it be unlawful for the Promotor to supply such a prize to the Participant. Should the Participant not qualify to receive such a prize, the Participant acknowledges that he/she shall be required to forfeit it.

10.5 The Promoter reserves the right to vary, postpone, suspend, or cancel the Promotional Competition and any prizes, or any aspect thereof, without notice, for any reason whatsoever. In the event of such variation, postponement, suspension or cancellation, the Participant agrees to waive any right, interest and expectations that he/she may have in terms of the Promotional Competition, and acknowledges that he/she will have no recourse against the Promoter.

11. DATA PRIVACY AND CONSENT:

11.1 The Promotor respects the privacy of Participants and acknowledges that the Promotor may collect, store and use personal information for communication or statistical purposes. (“Personal Information”). By participating in this competition, Participants expressly give the Promotor consent to process the personal information which processing will be done in accordance with POPIA and the Kaap Agri POPIA Privacy Policy.

11.2 Kaap Agri may require winner(s) to be identified and photographed for promotional purposes, without compensating them, if it relates to the competition, and the photographs may be published in printed media, or appear on television or radio, when accepting the prize, or after accepting the prize. The winner will be given the opportunity to decline the publication of their images.

12. GENERAL

12.1 The duration of the Promotional Competition may be altered at the sole discretion of the Promoter. The Promoter shall have the right to terminate the Promotional Competition immediately, and without notice, for any reason beyond its control.

12.2 These terms and conditions will be construed, interpreted and enforced in accordance with the applicable laws of the Republic of South Africa.

12.3 In the event that any of the terms and conditions contained herein are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these terms and conditions, which will continue to be valid and enforceable.