1. GENERAL TERMS AND CONDITIONS
1.1. This incentive program (“Promotion”) is operated by MiX Telematics Enterprise SA (Pty) Ltd (“The Promoter”).
1.2. This Promotion is open only to the sales staff of the Promoter who are employed by the Promoter as of the commencement date of this Promotion (the Participant). Sales staff who are employed by the Promoter as of the commencement date of this Promotion are not obliged to participate in this Promotion, but if they choose to do so, are obliged to comply with these Ts&Cs.
1.3. By agreeing to be a Participant, the Participant will be eligible to receive goods and / or services that have been selected by the Promoter (“Rewards”) if the Participant attains the pre-determined levels of achievement determined by the Promoter and as set out in clause 6.5.1 below. The Promoter has determined the Rewards in its sole discretion and the Participant is not permitted to dispute the value of the Reward or exchange it for any other Reward.
1.4. The Promoter has entered into an agreement with service providers (“the Reward Partner”) who in turn will provide the Rewards directly to the Participant, subject to the Participant complying with these Ts&Cs. If for any reason any such Reward Partner is unable for any reason to provide its services to the Promoter, or to the Participant, then the Promoter will use reasonable endeavours to replace the Reward, but under no circumstances will the Promoter be liable to the Participant to make payment of any amount or money to the Participant.
1.5. This Promotion will commence on 01 June 2017, and continue for a period of 3 (three) months, ending on 31 August 2017.
1.6. The Promoter reserves the right, in its sole discretion and to the extent permitted by law, to amend these Ts&Cs at any time. The Promoter may notify The Participant of any significant changes, however there is no obligation on The Promoter to do so and it remains the responsibility of the Participant to check these Ts&Cs regularly on the website and/or any other communications medium applicable.
1.7. The Promoter has the right to terminate the Promotion (“Termination”) immediately and without notice for any reason that is beyond the control of the Promoter. In the event of such Termination, The Participant agrees to waive any rights that The Participant may have in terms of this Promotion and acknowledge that The Participant will have no recourse against the Promoter.
1.8. If the Participant’s employment agreement with the Promoter is terminated for any reason, then the Promoter will be entitled to terminate these Ts&Cs with the Participant.
1.9. These Ts&Cs must be read in conjunction with such other provisions that are imposed by the third parties which the Promoter has enlisted to provide the Rewards, and the Participant must familiarise him- / herself with those provisions.
1.10. By entering the Promotion, The Participant confirms having read and understood and agrees to be bound by these Ts&Cs, as they may be amended from time to time. By continuing Participation and use of the Rewards, after the Promoter has modified and/or amended these Ts&Cs, The Participant agree to be bound by such modified Ts&Cs. If the modified Ts&Cs are not acceptable to The Participant, The Participant must terminate his / her Participation.
1.11. The offer is subject to promotional availability. Participating Reward Partner venues reserve the right to vary times and offer availability (e.g. Public holidays).
1.12. By entering the Promotion the Participant agrees to receive communication from the Reward Partner.
1.13. To the extent allowed by law, these Ts&Cs set out the whole of the agreement between The Participant and The Promoter in regard to the subject matter hereof and there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which The Participant is relying in concluding these Ts&Cs and The Promoter shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. This clause constitutes an acknowledgment of fact by The Participant. The Participant must ensure that The Participant reads the above clause carefully and ensures that this statement is true and correct as this will limit the rights of the Participant to claim that these statements are not true and correct.
1.14. To the extent allowed by law, no extension of time or indulgence which The Promoter may grant to The Participant shall constitute a waiver of any of The Promoter’s rights, who shall not thereby by precluded from exercising any rights against The Participant which may have arisen in the past or which might arise in the future. This clause limits and excludes obligations, liabilities and legal responsibilities which The Promoter will have towards The Participant and also limits and excludes rights and remedies available to the Participant and places various risks, liabilities, obligations and legal responsibilities on The Participant.
1.15. These Ts&Cs shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties hereby consent to the jurisdiction of the Magistrate’s Court, in respect of any proceedings arising out of or in connection with these Ts&Cs.
1.16. Any provision in these Ts&Cs which is or may become illegal, invalid or unenforceable shall, to the extent of such prohibition or unenforceability, be ineffective and treated as having not been written and severed from the balance of these Ts&Cs, without invalidating the remaining provisions of these Ts&Cs.
1.17. The Promoter and its agencies reserve the right to correct any errors and omissions.
1.18. The Participant agrees that The Promoter may send any notice or notification arising under and/or contemplated in these Ts&Cs by electronic mail or other electronic communication to the contact details provided by the Participant when The Participant subscribed to The Promoter.
1.19. The Participant must adhere to any South African Tax Laws linked to Rewards received or redeemed by the Participant. It is the sole responsibility of the Participant to adhere to and do the necessary submission if and when applicable.
1.20. The Promoter’s domicilium citandi et executandi (place for service of legal documents) is Waterfall Office Park, Howick CIose, Midrand, 1685
2. WARRANTIES AND LIABILITY
2.1. To the extent allowed by law, The Participant agree that The Promoter shall not be liable to The Participant or any other person or entity whatsoever in respect of any loss or damage:
2.1.1. caused by or arising from any fact or circumstance beyond the reasonable control of The Promoter;
2.1.2. which is consequential or incidental loss or damage;
2.1.3. of whatever nature and howsoever arising from or in connection with the the Participant’s Participation and/or use/consumption of the Rewards and/or any arrangement with any Reward Partner;
2.1.4. which is a result of any downtime, outage, interruption in or unavailability of the call centre or website of the Reward Partner, attributable to any cause whatsoever, including (but not limited to) repairs and maintenance, any breakdown in any service provided by any communications service provider (including line failure) as well as by any external communications networks and/or networks of any internet service providers;
2.1.5. arising from any disclosure or use of any information The Participant provide to The Promoter; and/or
2.1.6. arising from a breach of any security system which may be implemented by The Promoter and/or any service provider to The Promoter.
2.2. The Participant must in its sole discretion decide as to whether it will accept and redeem the Reward, and accepts full responsibility for the Reward and any consequences arising from the Participant’s use and enjoyment of the Reward. If the Participant does not wish to accept the Reward that has been offered or is available to the Participant, then the Participant must advise the Promoter accordingly, and the Promoter may, in its sole discretion, elect to provide the Participant with an alternative Reward.
2.3. The Participant acknowledges that The Promoter does not provide the Rewards. The Reward Partners may, for reasons outside the control of The Promoter, cease providing the Rewards in whole or in part and The Promoter is accordingly entitled to summarily terminate Participation by the Participant in such instances. This clause limits and excludes obligations, liabilities and legal responsibilities which The Promoter will have towards The Participant and also limits and excludes rights and remedies of the Participant, and places various risks, liabilities, obligations and legal responsibilities on The Participant.
3.1. To the extent allowed by law, The Participant hereby holds The Promoter free from liability for loss or damage of whatever nature and howsoever arising from Participation and/or failure of the Participant to comply with any provision and/or obligation under these Ts&Cs. This clause constitutes a waiver of liability by The Participant.
4.1. Participants will be required to provide the Reward Partner certain personal information (where applicable), including (but not limited to), their name, surname, identity number, physical address, postal address, email address and cell phone number.
4.2. This clause also applies to all personal information collected by or submitted to The Promoter and / or the Reward Partner as set out above as well as any other personal information provided by The Participant to The Promoter and / or the Reward Partner at any time.
4.3. Should The Participant fail to provide the required personal information to Reward Partner, The Participant may not be able to participate.
4.4. Subject to 4.5, Reward Partner will use the personal information of the Participant for all purposes relating to these Ts&Cs and/or in order for The Reward Partner to provide the Rewards including, but not limited to, the arranging and booking of the Rewards and for purposes generally relating to participation and the Rewards.
4.5. The Reward Partner may use the personal information of the Participant for marketing purposes for their other products.
4.6. Subject to 4.5 and 4.7, The Promoter will not share any of the personal information of the Participant with any third party except where such disclosure is necessary to enable The Promoter to provide same to the Reward Partner, where such disclosure is required by law or where The Participant consents to The Promoter sharing the Participant’s personal information.
4.7. To the extent that The Promoter shares the personal information of the Participant with third parties in accordance with this clause 4, The Promoter will require, to the extent possible, that such parties conform to The Promoter’s privacy standards.
4.8. The Reward Partner may record telephone calls made to and from the call centre of the Reward Partner. In the event that Participation is concluded via the call centre of the Reward Partner, such telephone calls will be recorded, as contemplated in the CPA, to constitute the record of the transaction concluded.
4.9. The Participant hereby expressly agree that The Reward Partner may:
4.9.1. collect, receive, record, organise, collate, store, update, modify, retrieve, alter, consult, use, disseminate or obtain any of the personal information set out above;
4.9.2. use the Participant’s personal information for the purposes set out above;
4.9.3. transfer the Participant’s personal information to third parties in a foreign country where this is required for the facilitation of any transfers of information or where this is required in order to give effect to the Rewards.
4.10. The Participant may request that The Promoter and or the Reward Partner correct personal information of the Participant, should it come to the attention of the Participant that The Promoter’s records are incorrect. Should The Participant wish to access his or her personal information or rectify it, the Participant must contact the call centre of the Reward Partner.
4.11. The Promoter will protect the Participant’s personal information as required by law. However, to the extent allowed by law, The Promoter shall not be liable to The Participant or any other person or entity whatsoever, in respect of the unauthorised disclosure of the Participant’s personal information.
4.12. In accordance with POPI, The Participant may request the Promoter to review which of the Participant’s personal information it holds and may request for the Promoter to delete such information, please contact the call centre. This clause limits and excludes obligations, liabilities and legal responsibilities which The Promoter will have towards The Participant and also limits and excludes rights and remedies of the Participant and places various risks, liabilities, obligations and legal responsibilities on The Participant.
5. CONSUMER PROTECTION ACT
5.1. Nothing in these Ts&Cs:
5.1.1. limits or exempts The Promoter from liability for any loss directly or indirectly attributable to the gross negligence of The Promoter or any person acting for or controlled by The Promoter to the extent that the law does not allow this;
5.1.2. requires The Participant to assume risk or liability for this kind of loss to the extent that the law does not allow this.
5.2. If these Ts&Cs and/or any goods and/or services provided under these Ts&Cs are regulated by the CPA, it is not intended that any provision of these Ts&Cs contravenes any provision of the CPA and therefore all provisions of these Ts&Cs must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.
6. COMPETITION DRAW
6.1. Except in so far as is provided for in the Consumer Protection Act 68 of 2008, the Promoter’s decision is final and no correspondence will be entered into.
6.2. Participants will not be entitled to claim any royalties or any intellectual property rights from the Promoter or the Reward Partner, and the intellectual property rights of the Promoter and the Reward Partner are strictly reserved, and the Participant has no licence to the use of same without the prior written consent of the Promoter and the Reward Partner, respectively.
6.3. Participants may be required to identify themselves with a bar coded South African ID book and/or valid passport and sign a Reward receipt form received and/or provide an address or other information to facilitate the Reward being delivered to them. Failure to claim the Reward or inability to comply with these Ts&Cs will disqualify the Participant from being able to receive the Reward.
6.4. The Promoters may refuse to award a Reward to a Participant if there is suspicion of any irregularities or fraudulent activities.
6.5. Reward structure:
6.5.1. Rewards are rewarded based on sales of Matrix units as follows:
|115||Double Movie Ticket|
|173||Dinner for 2 (R300 voucher)|
|231||One night break|
6.5.2. Participants will receive an SMS with a unique pin code and a number to call
6.5.3. Participants will be rewarded in different tiers:
188.8.131.52. Tier one receives 2 x movie codes
184.108.40.206. Tier two receives a R300 (three hundred rand) dining experience
220.127.116.11. Tier three receives a one night break for two
18.104.22.168. Tier four receives a return flight within SA
7.1. This reward is valid until 28/05/2020
7.2. Transport to and from the venue is not included in the Reward, and is for the Participant’s own account.
7.3. Unless otherwise specified, the Participant will be required to call into the concierge service centre to redeem their reward.
7.4. The Promoter and its agencies have the right to reject any Participant suspected of fraudulent behavior.
7.5. Photocopied, illegible or defaced vouchers will not be accepted.
7.6. Reward may only be redeemed by the Participant who entered the promotion and the reward is not transferable to any other person, and it may not be given or assigned to any other person, whether for sale or re-sale, or redeemable for cash or any other exchange, or free of charge, under any circumstance.
7.7. Calls made into the call center are charged at standard share call rates.
7.8. Data charges, required for any download and/or use of a reward/benefit, are never included. These charges are for the Participant’s own account.
7.9. The reward and/or voucher are not exchangeable for cash or for sale.
7.10. Participating Reward Partner venues and suppliers are all contracted to participate in the Promotion. The Promoter, its agents and distributors cannot be held responsible for any subsequently declining acceptance of the Reward and/or voucher for reasons of their own.
7.11. The Reward Voucher can only be used once.
7.12. All other persons accompanying the Participant will be required to pay the full price, and all future bookings will be charged at the full price.
7.13. The Reward Voucher cannot be used in conjunction with any other promotional offers.
7.14. The Promoter reserves the right to substitute any Reward for a Reward of the same or similar value.
7.15. The nature of the reward varies from venue to venue. The Rewards of each venue or supplier are as stipulated by the individual venue and are non-negotiable.
7.16.1. There are 380 rewards. These rewards are made up of
22.214.171.124. 150 x 2 movie codes,
126.96.36.199. 100 x R300 (three hundred rand) dinner vouchers
188.8.131.52. 80 x one night break for two, and
184.108.40.206. 50 x return flights in SA
7.16.2. After the Reward is allocated to a Participant, The Rewards are valid until 28/05/2020, after which date, if the Reward is not redeemed, it will lapse and the Participant will no longer have any right to the Reward or to claim any compensation or refund from the Reward Partner or the Promoter.
7.16.3. All bookings must be made in advance and using the call centre. (This is essential and a pre-requisite for Reward redemption).
7.16.4. The Participant is required to give 7 (seven) days’ notice in order for a booking to be made. All flight bookings need to be made 30 (thirty) days in advance.
8.1. The dining reward entitles the bearer to R300 (three hundred rand) off at one of the participating restaurants. No change will be given if the whole amount of R300 (three hundred rand) is not used.
8.2. Only one dining voucher may be used per booking group/ table.
8.3. The offer is subject to restaurant availability.
8.4. The dining reward is based on standard prices and may only apply to a specific set menu, depending on the selected restaurant.
9. Movie code/s
9.1. The free movie pin code entitles the bearer to 2 x 2D complimentary movie tickets at participating cinemas.
9.2. All other tickets purchased will be for the Participant’s own account.
9.3. Participating cinemas are all contracted to participate in the offer. The Promoter, their Promoters, agents and distributors cannot be held responsible for any cinema subsequently declining acceptance of the movie voucher for reasons of their own.
9.4. Voucher validity is as stipulated on the movie tickets printed at the Self Service Terminal or TicketLine machine.
10.1. Booking is required 30 (thirty) days in advance.
10.2. The booking form needs to be received via email at the email address specified on the booking form
10.3. Booking through the Customer service centre is essential. The Customer service centre needs to receive the booking request form of the Participant 30 (thirty) days prior to your chosen departure dates in order to facilitate the booking. Enquires for travel less than 30 (thirty) days in advance will not be allowed.
10.4. Only one voucher redeemable per booking and/or travel date.
10.5. Two date preferences will be required on the booking form before returning it. Failure to do so may result in a delay of booking.
10.6. Bookings for the promotion have been secured on pre-negotiated packages and are subject to availability. Publically advertised availability does not recognise these pre-negotiated packages and therefore may not be available.
10.7. Confirmation of booking will be forwarded approximately 7 (seven) days prior to departure.
10.8. Only one voucher can be used per customer per booking.
10.9. On receipt of booking request, the Participant will be contacted by phone or email to confirm travel availability and any charges arising from additional passengers.
10.10. Cancellations or travel changes after confirmation of booking will not be permitted. However, changes may be made directly with the service provider and all costs incurred as a result will be for the Participant’s expense. This includes but is not limited to any cancellation fees and rebooking fees.
10.11. The Promoter and its agencies cannot be held liable for any changes to travel schedules, routes and destinations.
10.12. Vouchers cannot be used in conjunction with any other promotional offers
10.13. Children under 16 years cannot travel unaccompanied. For persons between the ages of 16 and 18, parental/ guardian approval may be requested.
11.1. The free flight entitles the bearer to one economy class return flight.
11.2. This voucher can be used in South Africa only on any one of the national prescribed flight routes.
11.3. The free flight reward is up to a maximum value of R3000 (three thousand rand) for a return flight. No refunds or change will be entertained.
11.4. Flights are subject to limited availability. In the event that dates requested are not available, the Participant will be required to provide alternative dates.
11.5. This offer operates on an e-ticket system, presentation of an ID document when checking-in will be required.
11.6. On receipt of booking request, the Participant will be contacted by phone or email to confirm flight availability.
11.7. Any additional charges arising from additional passengers will be for the Participant’s own account.
11.8. Cancellations or flight changes after confirmation of booking will not be permitted. However, changes may be made directly with the airline and all costs incurred as a result will be for the Participant’s expense.
11.9. The Promoter and its agencies cannot be held liable for any changes to flight schedules, routes and destinations or loss of baggage.
11.10. Vouchers cannot be used in conjunction with any other promotional offers.
12. One night break for two
12.1 This free night break entitles the bearer plus one guests to a complimentary one night stay at any of the participating venues
12.2 The prize is based on availability.
12.3 The booking form must be completed and emailed back to the address above as a pre-requisite for offer redemption.
12.4 This prize includes bed only and all other costs will be for the Participant’s own expense.
12.5 This prize excludes but not limited to the following: Laundry charges, landline calls made from the hotel room, mini bar charges, transport to and from the Participants home and the hotel, in house movies, entertainment, travel insurance, travel spending money, meals and alcohol and any other incrementals will be for the Participant’s own expense. On arrival at the hotel, the Participant’s credit card details will be taken by the venue. All costs incurred during the stay will be charged to this credit card when they check out, excluding costs covered by the organiser.