Gumtree Adventure Rules

You understand that you are providing your information to the Sponsor and not to Facebook. The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Facebook is completely released of all liability by each entrant in this Contest.  Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Facebook.  You may only use one (1) Facebook account (the “Account”) to participate in this Contest.

1.  KEY DATES:

The Submission Period of the Contest begins on [May 14,2014] at 11:00:01 a.m. South Africa Standard Time (“SAST”)] and ends on [May 30, 2014] at [11:59:59 p.m. SAST] (the “Submission Period”).

2.  ELIGIBILITY:

Contest is open to residents of South Africa who have reached the legal age of majority at the time of entry, except directors, members, employees, representatives, consultants or agents (and those with whom such persons are domiciled, whether related or not) of Marktplaats BV (the “Sponsor”), its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies, judges and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”).   By participating in this Contest, you are agreeing to be legally bound by these Official Rules and Regulations (the “Rules”).  If you do not agree to be legally bound by these Rules, then please do not participate in this Contest.

3.  HOW TO ENTER:

No purchase necessary or consideration payable.  To enter, go to http://www.wavescape.co.za/gumtree-adventure/win-with-gumtree.html (the “Website”) and follow the on-screen instructions. Once you have opened the Official Contest Entry Form (the “Entry Form”), follow the on-screen prompts. Fully complete the Entry Form with all required information: (i) enter your full name, valid email address and city and (ii) signify your agreement that you are over the legal age of majority and that you have read and agree to be legally bound by the terms and conditions of these Rules.

To be eligible, your Entry Form and Submission (defined below, if applicable) (Entry Form and Submission (as applicable) hereinafter collectively referred to as the “Entry”) must be submitted and received within the Submission Period.

There is a limit of one (1) Entry per person/email address/Account permitted during the Submission Period, or each day during the competition.  For greater certainty and the avoidance of any doubt, you can only use one (1) email address and only one (1) Account to enter the Contest. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain more than one (1) Entry per person/email address/Account during the Submission Period; and/or (ii) use (or attempt to use) multiple names, identities email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.  Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor): (i)  the Entry Form is not fully completed with all required information and submitted and received during the Submission Period; and/or (ii) your Entry (or a component thereof) is not in accordance with the specific Submission Requirements listed below in Rule 4 (all as determined by Sponsor in its sole and absolute discretion).

The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).   All Entries are subject to verification at any time and for any reason.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules.  Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).

4.   SUBMISSION REQUIREMENTS:

BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES.  THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF.  THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.

By participating in the Contest, each entrant hereby warrants and represents that his/her Entry (and each individual component thereof):

•  does not violate any law, statute, ordinance or regulation;
• will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
• is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) may initially screen every Entry.  Any Entry that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification.  The Reviewer reserves the right, in its sole and absolute discretion at any time, to modify, edit or remove any Entry (or any component thereof), or to request an entrant to modify, edit and/or re-submit his or her Entry (or any component thereof), in order to ensure that the Entry (or any component thereof) complies with these Rules, or for any other reason.

5.   LICENSE:

By entering the Contest and submitting an Entry, each entrant, to the extent permitted by law: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Photo/Description, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Photo/Description  in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action that relates in any way to the Photo/Description (or any component thereof).

6.    THE PRIZES AND APPROXIMATE RETAIL VALUE:

Finalist Prizes:  The Prizes available to be won are selected by the chosen winner and consists of the chosen prize, or a new or similar version of the selected item. There will be a new prize and winner at the end of the 16 day contest period of the Gumtree Adventure on Wavescape with an undisclosed approximate retail prize value.

The Prize (the “Prize”) must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by the Sponsor in its sole and absolute discretion).  No substitutions except at the Sponsor’s option.  The Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at the Sponsor’s sole and absolute discretion, a cash award.  Each Prize will only be awarded to the person whose verifiable full name and valid email address appears on the Entry Form associated with the Entry in question.  There is a limit of one (1) Prize per person.

7.  SELECTION PROCESS:

A representative of Marktplaats B.V. will select the winner. A representative of Marktplaats B.V. will make 3 attempts to contact the selected finalist by phone and/or email. Finalists must respond within three days of being chosen. If the selected “finalist” doesn’t respond to the inquiries (or communication attempts) of our representative within that period, the “finalist” forfeits their right to the prize, and another entry (or “finalist”) will be selected.

Once confirmed the winner be posted on the Website and/or our Gumtree South Africa’s Facebook page contest app during the Contest Period and for up to 1 month afterwards.  The public will be able to visit the Website and App, and view the winning names and photos.

Before being declared A CONFIRMED prize winner, the eligible Prize winner will be required to: (i)  sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); and (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof. If eligible Prize winner: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (c) is determined at any time to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to receive the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select another Finalist at random from the same/or another pool of eligible winners.

9.  GENERAL CONDITIONS:

All Entry materials become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries, Submission and/or entrants.  By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

The Released Parties will not be liable for: (i) any failure of the Website or Application during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.

In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the Account associated with the Entry (as applicable).  “Authorized account holder” is defined as the person who is assigned an Account by Facebook.  An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Account associated with the Entry (as applicable) in question and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.

The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules.  Any attempt to deliberately damage the Website, Application or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.  The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.  Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at:  http://gumtreehelp.com/za/knowledgebase.php?article=120, unless the entrant otherwise agrees.

The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant and/or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials; the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.