1. This Competition is organized by Seagull Industries (Pty) Ltd (herein after referred to as “the Promoter”).
2. By entering the Competition, all participants and winner agree to be bound by the rules set out below.
3. A copy of the Competition rules will be available from 13 July 2021 until 19 July 2021.
4. The Competition is open to permanent residents of the republic of South Africa, except any person who is at the date of publication hereof:
4.1. A director, member, partner, employee, agent or consultant to the Promoter (or any of its subsidiaries or holding companies or any subsidiaries of its holding companies) or any other person who directly or indirectly controls or is controlled by the Promoter;
4.2 A spouse, life partner, immediate family member (including but not limited to parent, child, brother or sister), business partner or associate of any of the persons specified in 4.1 above;
4.3. A supplier of goods or services which is the prize under this Competition (or any of its subsidiaries or holding companies or any subsidiaries of its holding companies) or any other person who directly or indirectly controls or is controlled by the supplier;
4.4. A director, member, partner, employee, agent of or consultant to, spouse, life partner, immediate family member (including but not limited to parent, child, brother or sister), business partner or associate of any of the persons specified in 4.3 above;
4.5. A marketing service provider of this Competition;
4.6 Under the age of 18 years.
5. The Competition commences on 13 July 2021 at 00h00 SAST and ends on 19 July 2021 at 23h59 SAST (both days inclusive).
6. The prize consists of,
6.1 a GRO hose cart worth R599.95
7. The winner will be announced on the Seagull Industries Social media pages on 19 July 2021.
8. To participate in the Competition, participants must:
8.1. Be a permanent resident of the Republic of South Africa
Multiple entries are not permitted.
9. The winner will be determined by random selection on 19 July 2021. All correct entries meeting the participation requirements as specified in paragraph 8 above will be eligible for selection.
The prize winner will be notified via e-mail and / or SMS and / or telephone. The potential winner may be required to provide a copy of their identity document to a representative of the Promoter for the purposes of verifying their identity. Personal information will be taken, where necessary, from all entries received but shall be limited to those details reasonably necessary for the administration of the Competition and all participants and winner, as the case may be, thereby consent to the processing of their personal information and storing of such information on the Promoter’s database. This information may be shared with any other third parties reasonably involved in the Competition without liability to the Promoter or such third parties. The Promoter undertakes not to disclose any of the participants’ and prize winners’ personal information other than for the declared purpose, unless required to do so by a court of law or under any applicable legislation
10. A potential prize winner is not an actual winner until his / her submission is validated and his / her documents are completed and submitted to the Promoter. Should a winner be found not to have complied with these rules, he / she will be automatically disqualified and forfeit the prize, and selection of a replacement winner shall take place and shall be selected in the same manner as the first winner was chosen.
11. All participants and winner, as the case may be, indemnify the Promoter, a supplier of goods or services which is the prize under this Competition, a marketing service provider of this Competition, their subsidiaries, holding companies and any subsidiaries of their holding companies (including their directors, employees, members, independent contractors, agents, consultants, sub-contractors and representatives) against any and all loss / damages that may be sustained directly / indirectly arising out of / pursuant to this Competition or resulting from the acceptance of and / or possession of and / or use of the prizes on offer, including but not limited to loss / damages arising out of / pursuant to personal injury, death, property damage and claims based on publicity rights, defamation and / or invasion of privacy unless due to the negligence of the Promoter, supplier of goods or services which is the prize under this Competition or marketing service provider of this Competition.
12. The Promoter will endeavor to contact the prize winner once every day for 2 (two) consecutive working days after drawing his / her entry. If the Promoter is unable to reach any person for whatsoever reason during the period, the prize will be forfeited and selection of a replacement winner shall take place and shall be selected in the same manner as the first winner was chosen.
13. Following successful notification by the Promoter in accordance with paragraph above 10, the Promoter will provide the winner with a letter of confirmation specifying the details and process for redeeming the prize.
14. The prize is strictly non-transferable and may only be awarded to the person named as the winner. No substitution, cash redemption, credit alternative or assignment of the prize is permitted. No change or credit will be awarded on any unused portion of the prize. The prize cannot be combined with any other offer, promotion or certificate and, where applicable, other restrictions may apply. The Promoter is not liable for any defect in the prize. The Promoter of the Competition reserves the right to substitute the prize with any other prize of comparable or greater commercial value for any reason if the specified prize becomes unavailable.
15. The Promoter is in no way liable for the reproduction or indirect access via third party web sites or home page access or where any reproduction of the information relating to the Competition misstates or omits any of the information or terms and conditions connected with the Competition.
16. The Promoter may require the winner to be identified, photographed and published in printed media or to participate in any marketing activities or be present when the draw takes place or when the winners are announced. The winner will be given the opportunity to decline the publication of their image and participation in the Promoter’s marketing material in so far as it relates to the Competition.
17. Promotional materials form part of the Competition rules.
18. The judges’ decision is final and no correspondence will be entered into.
Seagull Industries (Pty) Ltd has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. Seagull Industries (Pty) Ltd will explicitly ask when we need information that personally identifies you or allows us to contact you ("personal information"). Generally this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which Seagull Industries (Pty) Ltd will use your personal information are as follows: to transact with you via the website or email regarding purchase and reservation, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.
Seagull Industries (Pty) Ltd shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Seagull Industries (Pty) Ltd; (b) to protect and defend the rights or property of Seagull Industries (Pty) Ltd, and (c) for the purposes of distributing same to various employees and/or third parties who assist Seagull Industries (Pty) Ltd in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
WHILST SEAGULL INDUSTRIES (PTY) LTD IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.
Seagull Industries (Pty) Ltd will:
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Website Terms and Conditions:
It is also recommended that a “Terms and Conditions” Tab must be included on the website that will have the following information:
Acceptance of Terms
Seagull Industries (Pty) Ltd permits the use of this Website subject to these terms and conditions ("the Terms and Conditions"). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our Suppliers’ Terms and Conditions, the Terms and Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Seagull Industries (Pty) Ltd. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized Seagull Industries (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.
While Seagull Industries (Pty) Ltd takes reasonable measures to ensure that the contents of this Website are accurate and complete, Seagull Industries (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. Seagull Industries (Pty) Ltd reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
Seagull Industries (Pty) Ltd will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Seagull Industries (Pty) Ltd also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. Seagull Industries (Pty) Ltd does not accept any responsibility for any errors or omissions on this Website.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and Seagull Industries (Pty) Ltd is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because Seagull Industries (Pty) Ltd has no control over such external sites and resources, you acknowledge and agree that Seagull Industries (Pty) Ltd is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of Seagull Industries (Pty) Ltd, which may be withheld or granted subject to such conditions Seagull Industries (Pty) Ltd may specify from time to time. Furthermore, this Website or any part hereof may not be "framed" or "deep linked" in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at Seagull Industries (Pty) Ltd. At times those comments may contain references to matters not related to Seagull Industries (Pty) Ltd. Those references do not necessarily represent the views of Seagull Industries (Pty) Ltd.
Limitation of Liability
SEAGULL INDUSTRIES (PTY) LTD SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF SEAGULL INDUSTRIES (PTY) LTD.
YOU HEREBY INDEMNIFY SEAGULL INDUSTRIES (PTY) LTD AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM SEAGULL INDUSTRIES (PTY) LTD OR ONE THAT PURPORTS TO EMANATE FROM SEAGULL INDUSTRIES (PTY) LTD, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF SEAGULL INDUSTRIES (PTY) LTD.
Changes to these Terms and Conditions
Seagull Industries (Pty) Ltd reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Seagull Industries (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that Seagull Industries (Pty) Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.