Castrol Oil Retail Promotion
Midas USSD Campaign Terms & Conditions
The terms and conditions set out below ("Terms and Conditions") apply to the Midas USSD Promotion ("Promotion") being run and administered by Castrol Oil ("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.
1. Important Provisions
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 13, 14, 18 and 19 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, Castrol Oil for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clause 18 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 13, 14 and 18 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 clauses 16 and 19 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 19 and 20 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 BP South Africa [Registration Number: 1924/002602/07 with its registered office at 8-10 Junction Avenue,Parktown, JHB]
3. The Promotion is valid only in South Africa and is open to every South African citizen
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 BP South Africa (Pty) Ltd & Africa Automotive Aftermarket Solutions (Pty) Ltd
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 18 March 2018 at 00h00 and end on 19 April 2018 at 23h59. No entries received before 18 March 2018 at 00h00 and after 19 April 2018 at 23h59 will be accepted.
8. Participants wishing to participate in the Promotion must:
8.1 Purchase a 5 litre Castrol Magnatec 5W40 C3 at participating Midas Stores
8.2 Receive a scratch card at till point
8.3 Reveal the unique code printed on the scratch card
8.4 Dial *120*88778# and follow the on-screen prompts to enter
8.5 USSD calls are charged at 20c per 20 seconds
9. You stand to earn a share of R 400,660 in KFC Streetwise 2 wi-code vouchers “Vouchers”, while stocks last. The following vouchers are available:
9.1 13,400 x Streetwise 2 vouchers
10. All vouchers will be awarded against valid unique codes submitted via the USSD string. You will be notified at the end of your USSD journey if you have earned a voucher.
10.1 Vouchers will be sent directly to the user by means of SMS, on the cell phone number used to enter the Promotion
10.2 Vouchers may be redeemed in-store at any KFC outlet nationwide
10.3 Vouchers may only be redeemed for a KFC Streetwise 2 meal
10.4 Vouchers are valid for 6 months from date of issue
11. You may enter the promotion as many times as you like, but you will need to make a new purchase of any a 5 litre Castrol Magnatec 5W40 C3, using a new unique code for every entry submitted.
12. By entering this competition Participants are given the opportunity to Opt In to allow Castrol Oil and their respective Brands to collect, store and use (not share) their personal information for communication, statistical purposes and marketing communication.
13. No responsibility will be accepted by the Promoter, its associated companies (directors, officers and employees) agents and suppliers, for any vouchers which are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be redeemed for any technical reason, delivery or other reasons.
14. 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 Voucher.
15. By taking part in this Promotion, Participants hereby warrant that all information submitted to the Promoter is true, current and complete.
16. The Promoter may decline to award a prize (i.e. refuse to issue a voucher to the Participant) if there is a reasonable suspicion of any irregularities or fraudulent activities.
17. 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.
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) 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 Voucher. Without limiting the rest of this clause 18, the participant will be responsible for the cost of entering the promotion and any mobile network charges that apply, as per the tariff rates charged by the participant’s mobile network provider.
19. 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.
20. 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.
21. These Terms and Conditions shall be governed by the laws of South Africa.
22. 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.
23. If you require any help or have any enquiries, please contact the Castrol Oil promotional helpline on 021 467 1306. The promotional helpline will operate during normal business hours, 08:30-17:00, from Monday to Friday, excluding official national public holidays in South Africa. Calls charged at Standard Rates.