PROMOTION TERMS & CONDITIONS
Subject to the provisions of clause 5 below, this promotion (“Promotion") is open to all persons over eighteen (18) years of age who are resident in the Republic of South Africa.
This Promotion is being organised by Monster Energy Europe Limited of 30 Riverside Way, Uxbridge, Middlesex, UB8 2YF (“Monster Energy”) and SHELL South Africa (Pty) Ltd of The Campus, Twickenham, 57 Sloane Street, Epsom Downs, Bryanston, 2021 (“SHELL”).
Monster Energy has engaged Strike Media (Pty) Ltd of Unit 205A, Building 20, The Waverly Business Park, Mowbray (“Strike Media”) to operate the Promotion.
The Promotion is being conducted participating SHELL service stations within the Republic of South Africa which are retailers of cans of Monster Energy product, and promoted on the websites www.monsterenergy.com and www.shell.co.za.
No employee or family member of an employee of Monster Energy or SHELL or Strike Media or their affiliated companies, subcontractors, agents or assigns or anyone else professionally connected with the Promotion is permitted to enter the Promotion.
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.
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.
Entrants may enter by purchasing any two (2) cans of Monster Energy product from a participating SHELL service station within South Africa and SMS messaging the word „Monster‟ and the last four (4) digits on each of the two (2) cans of Monster Energy product‟s bar code (“Bar Code”) to 45075.
Proof of purchase is required for entry into this Promotion which includes a copy of the till receipt gained at the point of purchase of the cans of Monster Energy product used to enter the Promotion.
The cost for the entrant to send a SMS message shall be one South African rand (R1.00).
The cost for the purchase of two (2) cans of Monster Energy product from an SHELL service station within
South Africa shall be twenty nine South African rand and ninety five cents (R29.95).
It is the responsibility of the entrant to ensure permission is gained from the individual who pays the phone bill.
The number used by to enter the Promotion must be registered to the entrant.
Any form of automated SMS message is invalid, including, without limitation, using devices or software to
generate automated entries. Each of Monster Energy, SHELL and Strike Media reserve the right to verify the
validity of entries and to exclude entries it believes have been made using any automated entry techniques.
Valid entrants shall receive a bounce-back SMS message within 24 hours of the entrants‟ entry as confirmation of the entrants‟ entry into the prize draw. None of Monster Energy, SHELL or Strike Media are responsible for any delayed bounce back messages which are beyond their control for any reason. The bounce-back message
will be free of charge to the entrant.
Each entrant that validly submits their entry will be entered into a prize draw for the following prizes (each a
16.1. The first valid entrant to be pulled out of the draw will win a trip for two (2) to visit Las Vegas for three
nights (“First Prize”) which shall consist of the following:
16.1.1. two (2) economy direct return flights from Tambo International Airport, Johannesburg on 1 May
2013 to an airport selected by Monster Energy (“Destination Airport”) and arriving back in
South Africa on 6 May 2013;
16.1.2. four (4) night stay for two (2) persons in twin room accommodation at the Hard Rock Hotel in Las
16.1.3. one (1) day tickets for two (2) persons on 4 May 2012 at the AMA Super cross event held at Sam
Boyd Stadium 7000 East Russell Road, Las Vegas, NV 89122-8338 (“Event”) (each pass shall entitle the holder access to all public access and one (1) meal for two (2) persons at the Event); and
16.1.4. return transfers from Destination Airport and Event to Hotel.
16.2. The next five (5) valid entrants to be pulled out of the draw will each win one (1) Monster Energy Brand
branded beanie and (1) Monster Energy Brand branded tee shirt (“Second Prize”).
The commencement date of the promotion is 00:00 on 29 October 2012 (“Commencement Date”) and the
closing date for the promotion is 23:59 on 31 December 2012 (“Closing Date”).
Only the official winner (“Winner”) and one (1) person chosen by the Winner (“Elected Person”) may enjoy the
benefits of the First Prize. The Elected Person must be over the age of eighteen (18) and resident in the
Republic of South Africa.
Before being declared a Winner each potential winner may be required to prove eligibility, including, without
limitation, proof of purchase, proof that they are the registered user of the phone, proof of age, residence and identity, which may include but is not limited to submitting a form of proof of residence, copy of the till receipt, proof of phone ownership and a form of 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 a potential winner forfeiting the Prize and another qualifying entry being drawn as soon as reasonably possible thereafter.
The Winner and Elected Person must be fit to participate in the First Prize and Monster Energy reserves the right to withhold the First Prize and select another Winner (or require the Winner to select another Elected Person) if in its opinion the Winner and/or Elected Person are unable to participate safely in the First Prize. The
Winner and their Elected Person must arrange suitable travel insurance for themselves and their possessions at their cost and must hold a valid passport and arrange any required travel ESTA visa or other travel documents at their own cost. For the avoidance of doubt, all other costs associated with the First Prize, including without limitation, transportation, sustenance and any entertainment not specifically included and outlined in the definition of the Prize at paragraph 16.1 above will be borne solely by the Winner. Proof of eligibility, appropriate insurance cover, valid passport and travel documentation may be required. The Winner and Elected Person of the First Prize will be required to sign a written confirmation of eligibility and waiver of liability before the prize can be released to a Winner. Copies of the applicable confirmation and waiver can be obtained upon request to email@example.com.
It is the responsibility of the Winner to be available for the dates of the First Prize and to provide any required documentation and/ or legal requirements under South African and US law.
There will be one (1) Winner for the First Prize and five (5) Winners for each Second Prize, all of whom will be determined by random drawing (by a digital law under CPA regulations) from all qualifying entries within fourteen (14) days of the Closing Date. The random drawing shall be organised and operated by Strike Media.
Unsuccessful entrants will not be notified.
The potential winners will be notified by Monster Energy telephonically to the number used to enter the draw
within seventeen (17) days of the Closing Date (“Notification”).
The First and Second Prize shall be delivered by a member of the Monster Energy team within twenty eight (28)
days of Notification Date. The place, time and date of delivery shall be determined by Monster Energy in Monster Energy‟s complete discretion and each Winner shall be informed at Notification the details of delivery once they have been determined by Monster Energy.
Details of the Winners (including names and towns of residence) may be made available on the relevant pages of www.monsterenergy.com and www.shell.co.za.
All entries are deemed to have been received at the time of entry into Strike Media‟s database, not at the time when the SMS message is sent from the entrant‟s mobile phone.
In the event that Monster Energy cannot contact a potential winner within five (5) days of the draw or a potential winner is unavailable to receive the Prize for any reason whatsoever, such entry will be deemed null and void and Strike Media shall draw another qualifying entry as soon as reasonably possible thereafter.
No entry shall be able to provide alternative contact information to that provided to enter the draw for any reason.
Entrants will not be valid where SMS messages are received prior to the Commencement Date and after the Closing Date.
If there is any dispute as to the identity of a Winner, the registered user of the number used to enter the promotion shall be declared the Winner. In such event, the decision of Monster Energy shall be final.
Sending a SMS message or any other form of evidence of sending a SMS message is not proof that your entry has been received. Monster Energy, SHELL and Strike Media accept no responsibility for entries that are incorrectly completed, lost, delayed or which are not received for any reason.
Each 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 any 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 forty five thousand South African rand (45,000 R) for the First Prize and two thousand South African rand (2,000R) for the Second Prize.
Each Winner shall participate in reasonable publicity resulting from the Promotion if requested to do so by Monster Energy, SHELL and/or Strike Media and the Winners consent to Monster Energy, SHELL and/or Strike Media using their name, photograph and audio and/or visual recordings of them in any publicity relating to the Promotion.
Each Winner‟s name will be available on written request for two (2) months after the Closing Date.
To the fullest extent permissible by law, none of Monster Energy, SHELL or Strike Media or any of their 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 entering the Promotion competition or as a result of accepting any Prize. Proof of sending is not accepted as proof of receipt. Monster Energy, SHELL and/or Strike Media are 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, SHELL‟s and/or Strike Media‟s liability for fraudulent misrepresentation, death or personal
injury as a result of such entity‟s negligence or any other liability that cannot be excluded or restricted by law.
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, SHELL and/or Strike Media and accordingly Monster Energy, SHELL and/or Strike Media may, at its absolute discretion, vary or amend the Promotion and the entrant agrees that no liability shall attach to Monster Energy, SHELL nor Strike Media as a result thereof.
Monster Energy, SHELL and/ or Strike Media reserve the right to:
39.1. 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;
39.2. refuse entry of any individual to the Promotion or future events organised by Monster Energy, SHELL
and/or Strike Media;
39.3. where Monster Energy, SHELL and/or Strike Media reasonably believe that the Prize has been
transferred to a third party in whole or in part;
39.4. where an entrant has been disqualified from any Monster Energy, SHELL and/or Strike Media
competition/ promotion or other prize draw within twelve (12) months of the Commencement date;
39.5. where Monster Energy, SHELL and/or Strike Media reasonably believe such individual has not complied
with these Terms; or
39.6. where such individual is ineligible to participate in the Promotion (or if participation in the Promotion
should have been refused for any reason whatsoever).
Save as expressly set out in these Terms, Monster Energy, SHELL and/or Strike Media have no liability for any
costs or expenses that may be incurred by any entrant. Each Winner will be liable for any tax chargeable in
relation to their Prize.
It is advised that all entrants retain a copy of these terms and conditions for future reference.
The Promotion and these Terms are governed by the laws of 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.