PROMOTION TERMS & CONDITIONS

Please read these terms & conditions (“Terms”) carefully.  By entering the Promotion (as defined below), you are agreeing to be bound these Terms.  You should also read our privacy policy at www.monsterenergy.com which explains how we will use the data you provide us with when entering this Promotion.

1. Subject to the provisions of clause 4 below, this promotion (“Promotion") is open to all persons over eighteen (18) years of age who are resident in the Republic of South Africa. 

2. This Promotion is being organised and operated by Monster Energy Europe Limited of 30 Riverside Way, Uxbridge, Middlesex, UB8 2YF (“Monster Energy”).  

3. The Promotion is being conducted through the website at www.monsterenergy.com (the “Website”). 

4. No employee or family member of an employee of Monster Energy or its affiliated companies, subcontractors, agents or assigns or anyone else professionally connected with the Promotion is permitted to enter the Promotion. 

5. By entering this Promotion pursuant to these Terms, each entrant (“you”, “your”, “entrant”) agrees to be bound by these Terms and by the decision of Monster Energy in relation to all matters relating to the Promotion, whose decision shall be final.  No correspondence will be entered into.

6. All times and dates set out in these Terms refer to the times and dates of South Africa (UTC/GMT +2 hour).  In the event of any dispute over the time or date of any entry submitted, the decision of Monster Energy shall be final. 

7. For the avoidance of doubt a computer and internet access is required to enter this Promotion.  It is the responsibility of the entrant to ensure permission is gained from the owner of the computer and the individual who pays for the internet service provider.  No refund may be claimed for expenses related to the use of an internet connection for the purpose of participating in this Promotion.

8. No purchase of any product is required to enter this Promotion.

9. Entrants are limited to one (1) entry per person and each entrant shall not submit or attempt to submit more than one (1) entry.  Monster Energy reserves the right to refuse entry or any individual to the Promotion who submits or attempts to submit more than one (1) entry.

10. Entries will not be valid where they are made online using methods generated by a script, macro or the use of automated devices.  Monster Energy reserves the right to verify the validity of entries and to exclude entries it believes have been made using any automated entry techniques.  

11. The commencement date of the promotion is 00:00 on 1 March 2013 (“Commencement Date”) and the closing date for the promotion is 23:59 on 12 March 2013 for CT Event (defined below) and 5 March 2013 for the JHB Event and DBH Event (defined below).  

12. Entrants may enter by:

12.1. submitting their details as directed on the Website; 

12.2. selecting their preferred option from one of the 2013 RAMfest events (each an “Event”) (being, either Johannesburg on 16 March 2013 (“JHB Event”), Durban on 15 March 2013 (“DBH Event”) or Cape Town on 7 March and 8 March 2013 (“CT Event”)).  The option chosen must be the Event which the entrant would be able to attend should they be chosen as a potential winner (each a “Winner”); and 

12.3. correctly answering the following question ‘How long has Pestroy been rocking South Africa’s shores?’ (“Question”). 

13. Each entrant that validly submits their entry as set out in these Terms and correctly answers the Question will be entered into a prize draw for the following (“Prize”): 

13.1. four (4) tickets to the one of DBH Event, CT Event or JHB Event (each ticket shall grant the holder access to all public areas and the Monster Energy VIP area located at that Event); and

13.2. one (1) hamper consisting of one (1) Monster Energy branded tee shirt (which shall be in the size  of either large female or large male depending on the sex of the Winner), lanyard, bandanna, and a four pack of Monster Energy which consists of four single 473ml cans of green Monster Energy.

14. Only the Winner and three (3) persons, as chosen by each Winner of the Prize, (each an “Elected Person”) may enjoy the benefits of the Prize.  Each Elected Person must be approved by Monster Energy, be over the age of eighteen (18) years and be resident in the Republic of South Africa.  

15. For the avoidance of doubt, all other costs associated with the Prize, including without limitation, tax, insurance, transportation, accommodation, sustenance and any entertainment not specifically included and outlined in the definition of the First Prize at paragraph 12 above will be borne solely by each Winner.  The Monster Energy brand branded tee shirt as set out in paragraph 12.2 shall be either a large female size or large male size depending on the sex of each Winner.  It is the responsibility of each Winner to be available for the dates of the Prize the Winner chose at entry and to provide any required documentation, tax, insurance, passport and any other legal requirements for the Prize and/or documentation required by Monster Energy.

16. Before being declared a Winner, each potential winner (and Elected Person) may be required to prove eligibility, including, without limitation, proof of age, residence and identity, which may include but is not limited to a copy of proof of residence, driving licence, passport or similar government issued identification before receiving their Prize.  Failure to provide Monster Energy with this information within the reasonable timeframe set by Monster Energy shall result in the potential winner forfeiting their Prize and Monster Energy drawing another qualifying entry as soon as reasonably possible thereafter.

17. There will be a total of three (3) Winners, who will be determined by random drawing from all qualifying entries within one (1) day of the Closing Date.  

18. The potential winners will be notified by Monster Energy by email (via the email address provided on entry to the Promotion) within two (2) days of the Closing Date.  

19. The Prize shall be collected by each Winner at the official Monster Energy activation area located at the Event.   Full details of collection including location and time shall be provided by Monster Energy at Notification. 

20. In the event that Monster Energy cannot contact the potential winners within three (3) days of the Closing Date or any of the potential winners are unavailable to attend their Event for any reason whatsoever, such entry will be deemed null and void and Monster Energy shall draw another qualifying entry as soon as reasonably possible thereafter.

21. No entry shall be able to provide alternative contact information or choice of Event to that provided to enter the draw for any reason.

22. All entries are deemed to have been received at the time of entry into the Monster Energy’s database and not at the time when the entry is sent to the Website by the entrant.  

23. If there is any dispute as to the identity of a Winner, the decision of Monster Energy shall be final.

24. Submitting the online entry form or any other form of evidence of submitting the online entry form is not proof that your entry has been received.  Monster Energy accepts no responsibility for entries that are incorrectly completed, lost, delayed or which are not received for any reason.  

25. The Prize is as described and is not transferable, not exchangeable and no cash alternative will be offered in the event that a potential winner is unable to claim the Prize for any reason whatsoever.  In the event of unforeseen circumstances, Monster Energy reserves the right to replace the entire Prize or prize components with prizes of equal or greater value to one thousand South African rand (1,000R).

26. Each Winner agrees to participate in reasonable publicity resulting from the Promotion if requested to do so by Monster Energy and the Winner consent to Monster Energy using its name, photograph and audio and/or visual recordings of them in any publicity relating to the Promotion.

27. The name and town of each Winner name will be available on written request for two months after the Closing Date.

28. Any personal information which you provide to Monster Energy in connection with the Promotion will be treated with the highest standards of security and confidentiality, strictly in accordance with the Data Protection Act 1998.  These terms supplement the privacy policy at www.monsterenergy.com.  To the extent that the terms and privacy policy are inconsistent these terms shall prevail.  Monster Energy only uses this personal data for the following purposes: to enter the qualifying entries into the prize draw and contacting the potential winner.  Your personal data will not be used for direct marketing purposes.  On request, Monster Energy will supply copies of your personal data which you may have supplied in connection with this Promotion.  If you wish to obtain such copies, you must write to Monster Energy at the address above, or e-mail Monster Energy at  garan.reck@monsterenergy.com.  Your request will be dealt with as soon as possible and will take not more than forty (40) days to process.  If you discover that Monster Energy holds inaccurate information about you, you can request Monster Energy to correct that information.  Such a request must be in writing or via e-mail as described above.  In certain circumstances you may also request that personal data which Monster Energy holds about you be deleted.  If you wish to request a deletion, you would generally be expected to identify some contravention of data protection law in the manner in which Monster Energy processes the data concerned. 

29. Unsuccessful entrants will not be notified.

30. To the fullest extent permissible by law, neither Monster Energy nor any of its affiliate companies, employees, directors, employees, agents, assigns or sub-contractors accepts any responsibility or liability for any damage, loss, injury or disappointment suffered by any entrant accessing the Website, entering the Promotion competition or as a result of accepting any Prize.  Proof of sending is not accepted as proof of receipt.  Monster Energy is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the internet, telephone lines or at any website, or any delay or failure of any postal or equivalent delivery service, or any combination thereof, including any injury or damage to the entrant´s or any other person´s computer or mobile telephone related to or resulting from participation in the prize draw promotion.  Nothing shall exclude Monster Energy’s liability for fraudulent misrepresentation, death or personal injury as a result of the negligence of Monster Energy, or any other liability that cannot be excluded or restricted by law.

31. Events may occur that render the prize draw itself or the awarding of any Prize impossible due to reasons beyond the control of Monster Energy and accordingly Monster Energy may, at its absolute discretion, vary or amend the Promotion and the entrant agrees that no liability shall attach to Monster Energy as a result thereof.

32. Monster Energy reserves the right to:

32.1. change the format of the Promotion and/or delay or postpone the Promotion or any stage(s), in whole or in part due to reasons beyond its reasonable control, without liability to the entrant;

32.2. refuse entry of any individual to the Promotion or future events organised by Monster Energy;

32.3. where Monster Energy reasonably believes that the Prize has been transferred to a third party in whole or in part;

32.4. where an entrant has been disqualified from any Monster Energy competition/ promotion or other prize draw within twelve (12) months of the Commencement date;

32.5. where Monster Energy reasonably believes such individual has not complied with these Terms; or

32.6. where such individual is ineligible to participate in the Promotion (or if participation in the Promotion should have been refused for any reason whatsoever).

33. Save as expressly set out in these Terms, Monster Energy has no liability for any costs or expenses that may be incurred by any entrant.   The Winners will be liable for any tax chargeable in relation to their Prize.  

34. It is advised that all entrants retain a copy of these terms and conditions for future reference.

35. The Promotion and these Terms are governed by the Republic of South Africa and any disputes (contractual or non-contractual) arising under or in connection with the Promotion or these Terms are subject to the non-exclusive jurisdiction of the Republic of South Africa.