Strike Media Monster Hydro Adventure Retail Promotion

Terms & Conditions

The terms and conditions set out below ("Terms and Conditions") apply to the Monster Hydro Adventure Promotion ("Promotion") being run and administered by Strike Media ("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 17, 18, 21, 23 and 25 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, Strike Media for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clause 23 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.
   2. Indemnities by you.  Clauses 17, 22 and 25 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 24 and 27 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 24 and 27 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 Strike Media (PTY) Ltd [Registration Number: 2004/001270/07 with its registered office at The District, Block C, Second Floor, 41 Sir Lowry Road, Woodstock.]
3. The Promotion is valid only in South Africa and is open to every South African citizen that is aged 18 or over
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 Coca-Cola Beverages of South Africa (Pty) Ltd and Coca-Cola Peninsula Beverages (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 15 July 2018 00h00 and end on 15 September 2018 23h59. No entries received before 15 July 2018 00h00 and after 15 September 2018 23h59 will be accepted. 
8. Participants wishing to participate in the Promotion must:
   1. Purchase any Monster Hydro 550ml drink at a participating Spar outlet
   2. SMS last 4 digits of the barcode found on can to 45075
   3. SMS charged at R1.00; Free SMS do not apply
9. You stand a chance of winning your share of R 300,000.00 in prizes.  The following prizes are available:
   1. 8 x Hydro Adventure tickets valued at R30,000.00 each.
10. The Hydro Adventure Ticket winners will be awarded by means of an audited draw, which will be conducted in the presence of an auditor, no later than the 30^th of September 2018, at the offices of Strike Media.
    1. The winners will be notified telephonically
    2. The winner will be contacted twice within a 48-hour period, and should they not answer either call, they will forfeit the prize and the first stand by winner will be contacted
    3. The same process will be followed for all stand by winners who are called
    4. To claim the prize, the winner will be required to send through proof of a valid South African I.D. via email
    5. The winner must be over the age of 18
    6. The prize may not be transferred or exchanged for cash
11. You may enter the promotion as many times as you like, but you will need to make a new purchase of any Monster Hydro 550ml, using a new unique code, for every entry submitted.
12. No responsibility will be accepted by the Promoter, its associated companies (directors, officers and employees) agents and suppliers, for any prizes (Merchandise Prizes) which are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be redeemed for any technical reason, delivery or other reasons.
13. 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 Prizes.
14. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes such as appearing on Monster Energy Facebook page or Twitter feed. The Participants shall always be entitled to decline the above request. The Participants who take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of The Promoter.
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 prize 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 23, the participant will be responsible for the cost of submitting proof of purchase and entering the promotion and any data 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 customer helpline on 0214671389.  The customer 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.