Coca-Cola Fuel Card Prize Competition

Start Date:
2020/06/17
End Date:
2020/08/11

1. The terms and conditions set out below ("Terms and Conditions") apply to the SHELL Coca

Cola SA Tech Prizes ” Competition (“Competition”) being run and administered by Shell

Downstream South Africa (Pty) Ltd (“Shell” or "Promoter" or "us" or "we") a company incorporated in South Africa under registration number 2007/016255/07 whose registered offices is 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 Competition materials. Prize redemption instructions are deemed to form part of the Terms and Conditions and by entering this Competition 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 (defined below) 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 of these clauses carefully.

 3.1. Limitation of risk, legal responsibilities and liability.  Clauses 103, 13,15, 16, 17,  18, 19, 20, 22, 23, and 24 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, Shell for losses, damages, liability or harm you or others may suffer as a result of your participation in the Competition. 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.

 3.2. Indemnities by you.  Clauses 11 and 12 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 11 and 12 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 clause 23 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.

 4. The Competition is only valid in South Africa. 

 5. By participating or entering this Competition, participants will be deemed to have accepted and be bound by these terms and conditions which will be interpreted and construed in accordance with the laws of the Republic of South Africa. All information relating to this Competition and published on any Promotional material will form part of the terms and conditions of entry.

6. To be eligible for the Competition, participants or entrants must be: 

6.1. South African citizens or permanent residents of South Africa;

6.2. 18 (eighteen) years and older;

7. Participants stand a chance to win one of one hundred and twenty-five (125) fuel cards:

7.1. 1 of 125 Shell branded fuel cards

To stand a chance of winning the Prize Participants must purchase any 1(one) or 2 (two) 500ml PET* Coke Zero, Coke Light, Coke No Sugar No Caffeine, Fanta Zero, Sprite Zero, Stoney Zero (“Participating Product”);  

a. Purchase any 1(one) or 2 (two) of the participating products and swipe your V+ Card to enter. b. Retain their till slip as proof of purchase.

(hereinafter referred to as an “Entry”). One entry per till slip number.

 The Prize Winners will be determined by random automatic selection draw by no later than 31 August 2020.

8. The Competition will run from 17 June 2020 and end on 11 August 2020. No entries received before 17 June 2020 at 00:00 and after 11 August 2020 at 23:59 will be accepted.

9. The Prizes will be drawn within 30 days of the closure of the Competition. Please note that - 

9.1. winners will be required to provide their name, ID number and contact details, and to sign an acknowledgment of receipt of the prize;

9.2. prizes are not transferrable and cannot be redeemed for cash or equivalent of cash;

9.3. winners will be responsible for providing the accurate delivery addresses to elected courier agency. 

9.4. All winners will be notified telephonically on the number that was used to enter the competition within a reasonable period after the draw. If Shell is unable to reach any participant whose name was drawn after 3 (three) telephone calls, such participant will be disqualified, and a draw of a replacement winner shall take place in the same manner as the first draw. 

10. 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.

11. 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 Competition and/or any receipt of and/or use of a prize.

12. Participation in the Competition constitutes acceptance of the Competition rules and participants agree to abide by the rules and participants hereby warrant that all information submitted to the Promoter is true, current and complete. 

13. As far as the law allows, all warranties and representations in relation to the Competition not set out in these Terms and Conditions (whether express, implied or tacit) are hereby excluded.

14. Shell’s decision is final and no further correspondence concerning the Competition or prizes will be entered into.

15. Entry 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 Downstream South Africa  (Pty) Ltd,  and Coca Cola Beverages South Africa Pty Ltd . 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).

16. Shell may publish the winner(s) name(s) or image (s) in any advertising and Promotional material or digital media for this competition and any other future Promotions/Competitions 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 competition and any other future Promotions/Competitions, he/she will have no claim to any compensation or payment in respect of the use of his/her name or image.

17. Shell’s internal auditors are the appointed auditors for this Competition. Shell reserves the right to appoint external auditors in its sole discretion and for any reason whatsoever. 

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 Competition, or from the acceptance, receipt, use or enjoyment of any Prize.  Without limiting the rest of this clause 18, the participant will be responsible for the cost of any flights or accommodation required should the participant win, 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 Competition and any prize (which has not yet been subject to a draw), 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 endeavors to procure the prize, the Promoter reserves the right to substitute prizes of equal value. 

20. Shell reserves the right to terminate the Competition immediately and without notice. In the event of such termination, as far as the law allows, all participants or entrants 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 Competition shall be responsible for any loss, damage or injury whatsoever suffered by any participant/entrant 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 and/or their accompanying person(s) as a result of or in connection with the Competition or the acceptance, use or application of the prize.

22. All participants and the winners as well as their partners, as the case may be, indemnify Shell and its partners or agents supporting the Competition , 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 Competition (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 Competition for any reason whatsoever including, by way of example only, as a consequence of communications or network failures.

24. The Shell Coca-Cola SA Fuel Card  that may be represented by the images in the artwork is for presentation only, the actual prize may differ from that of the image shown herewith.

25. These Terms and Conditions shall be governed by the laws of South Africa.   

26. 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.  

27. All queries in connection with the competition should be directed to Coca-Cola Customer Care Line on 0860 112 526.