TERMS OF PARTICIPATION – RAFFLE
By entering and participating in this Raffle, you (“You”) agree to be bound by these Terms of Participation (the “Terms”) and represent that you satisfy all of the eligibility requirements below. This Raffle is subject to these Terms and to all applicable laws and regulations.
THIS RAFFLE IS A RANDOM DRAW RAFFLE AND BASED ON AN ELEMENT OF CHANCE BASED ON THE NUMBER OF PURCHASED ENTRIES. WINNERS WILL BE DETERMINED UNANIMOUSLY THROUGH A FAIR RANDOM SELECTION PROCESS.
This Raffle is run by My Aviation Life Community Platform under STATUS AVIATION (Reg 2011/119775/07). whose registered office is located at 175 Corobay Avenue, Menlyn Corporate Park, Block,0181, with the support of the My Aviation Life’s cooperation partners, agencies and service providers (”Organizer”).
In the event this Raffle is run via one or more third party platform(s), the Raffle is not linked to the third party platform(s) and is not organized, endorsed or administered by, or associated in any way by the third party platform(s). Your use on the third party platform(s) is subject to the terms and conditions located on such site. The Organizer disclaims any liability should You fail to comply with the third party platform(s) terms and conditions.
THE RAFFLE (the “Raffle”)
The title of the raffle is My Aviation Life – Air Navigation Rally – Introductory Flight Giveaway.
This raffle costs R10 per entry to enter.
Raffle limited to 1000 tickets.
This Raffle starts on 25th of February 2021, UTC+2 and ends on 3rd of March, 2021 11:30:00 pm UTC+2 (inclusive) (the Raffle Period). All entries must be received by the Organizer before the closing date. All entries received after the closing date are automatically disqualified.
In order to enter this Raffle and be eligible to get a reward, You represent and warrant that You satisfy the following eligibility criteria:
You acknowledge that You are a natural person 18 years of age or older at the time of entry. Persons under the age of 18 years of age are not allowed to participate in this Raffle or transmit or otherwise submit Personal Data (all data relating to You, such as Your contact details, Raffle responses and photographs) to the Organizer. It is voluntary to provide us with Your Personal Data; however, You will not be able to enter the Raffle if You do not supply all required Personal Data.
The Raffle is only open to residents/people living in South Africa. Please note that the Organizer is not liable in cases where Participants are not legally allowed to take part in the Raffle due to national or local laws.
The Organizer is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Raffle whatsoever. Organizer is not liable in case a Participant injures him-/herself while performing actions with regard to this Raffle .
Directors, officers and employees of the Organizer, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Raffle , professional advisers, third party service providers or advertising and Raffle agencies involved with this Raffle , and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any rewards in this Raffle .
The Organizer shall verify these conditions consulting its database at the time of the selection.
The Organizer will not accept entries that are:
(a) automatically generated by computer;
(b) completed by third parties (on Your behalf) or in bulk; (c) illegible, have been altered, reconstructed, forged or tampered with; or
The Organizer reserves the right to verify the email address provided by You including where required, any consent provided by a Guardian to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid email address or incorrect data regarding the age or residence of You will be deemed ineligible. You must not enter this Raffle through the use of multiple email accounts or social media accounts. If it becomes apparent that You have used multiple email accounts or social media accounts to circumvent this rule all Your entries will be disqualified.
RULES OF PARTICIPATION, SELECTION PROCESS AND THE REWARDS
In order to successfully enter the Raffle , you will have to go to www.myaviationlife.com/rally and follow the given instructions step by step, which includes providing the data that is requested in order to register (e.g. name and email address). Furthermore, if you register via social sign-in e.g. Facebook, Twitter or Google+, additional information (e.g. age or location) may be provided to us.
You will need to be a registered user on the My Aviation Life Community hosted on the Tribe community platform and have completed your profile set up (e.g Set profile picture,email and details)
You will have to be a follower, subscriber or member of any My Aviation Life social media channel such as Facebook,Instagram,Twitter or LinkedIn
There is no limit to the number of entries which may be submitted.
The reward is:
The provision of a maximum of 60 minutes chock to chock flight time around Wonderboom National Airport Airspace in a single engine piston aircraft chosen at the discretion of the Organizer.
The reward recipient(s) will be announced by 4th of March, 2021. The total value of each reward will not exceed R3000. The winning participant will be contacted via email by My Aviation Life to organise the fulfilment of the prize.
The Prize will be delivered at the ultimate discretion of the Organizer, who reserves the right to cancel or change the proposed Prize at any time including but not limited to weather, government restriction or regulation or any other reason. If the Major Prize Winner or their guest seeks to dispute the decision of the Organizer, the prize will be immediately cancelled.
For full details of the selection process please email firstname.lastname@example.org. If the selected reward recipient(s) does not meet the eligibility criteria set out in these Terms, the Organizer will select an alternative reward recipient(s). If You are disqualified, the Organizer is under no obligation to publish this fact. The Organizer undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt. Entries cannot be returned.
NOTIFICATION AND CLAIMING THE REWARD
The contact details You provide with Your Raffle entry will be used to notify You of any rewards You are entitled to receive, so please make sure they are kept up to date and accurate.
The Organizer shall contact the reward recipient(s) using the telephone number or email address provided with the Raffle entry. On notification, the reward recipient(s) will be provided with details on how to claim the reward and will be given up until 28 hours (from when the Organizer notified the reward recipient(s) that they were successful) to claim the reward. If a reward recipient cannot be contacted or is not available, or has not claimed their reward within this period, the Organizer reserves the right to offer the reward to the next eligible participant, selected in accordance with the Selection Process.
To the extent permitted by law, including if the planned award of the Prize is unable to go ahead due to the COVID-19 pandemic or for any other reason, the Organizer reserves the right to replace any or all rewards with rewards of equal or lesser value. Alternatively, in the event that the Organizer is unable to provide the Prize on the advertised date,but postpones the planned Prize (for any reason), the Organizer reserves the right to set a new date at its own discretion. If the Major Prize Winner is unable to attend either the original or new date for any reason (including due to government restrictions), the Participant will have forfeited the prize.
The reward is personal and non-transferable and may not be claimed by a third party on Your behalf.
A list of reward recipients may be published on the Organizer’s website. In the event that You are a reward recipient You agree that the Organizer may disclose Your information e.g. first name, last name, nickname, in accordance with the above.
To the extent permitted by law, the Organizer reserves the right to replace any or all rewards with rewards of equal or greater value.
Please note that no travel or other costs will be reimbursed for the participation in the Raffle except for those expressly mentioned in these Terms. No cash alternatives will be provided and rewards You are entitled to receive are non-transferable and non-refundable.
The Organizer makes no representation as to the safety of the Wonderboom National Airport and Villa San Giovanni Restaurant.
The Major Prize Winner and their guest (if any) must behave in a responsible and courteous manner at all times and must follow all reasonable directions of the Organizer or any prize supplier.
The Organizer reserves the right to replace any or all prizes with prizes of a similar value.
The reward recipient shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable.
ORGANIZER’S RIGHT TO CHANGE THE TERMS AND TO DISQUALIFY
To the extent permitted by law, and without affecting Your statutory rights, if in the Organizer’s opinion the Raffle is compromised by any event beyond the Organizer’s control, the Organizer reserves the right to modify, terminate, amend or extend the Raffle without responsibility and liability for any amount or kind of loss or damage that may result to You or any third party (whether direct or indirect). You should check our website regularly for any changes which will apply from the date that they are uploaded.
At any time during the Raffle , the Organizer reserves the right in its sole discretion to disallow or suspend votes, disqualify and/or remove any Participant if it has reason to believe that where voting is used as a selection process, anyone voting for such finalist has been paid, incentivised or pressured in any way for placing their vote, either by the finalist or any third party and/or the Participant fails to observe these Terms, is engaged in cheating, or where applicable any other kind of illegal or inappropriate behaviour. The Organizer’s decision in relation to all matters in connection with the Raffle is final, and no correspondence will be entered into.
In the event that a winning participant is disqualified, the reward will be forfeited and selected in accordance with the Selection Process.
FAIR PLAY You warrant that Your entry does not contain material that violates or infringes another’s rights or reflects a political statement, including but not limited to privacy, publicity or intellectual property rights, contain brand names or trademarks, other than those of the Organizer, which You have a limited licence to use for the sole purpose of this Raffle , contain copyrighted material not created by You, other than material that You have necessary rights, consents and permissions to use, contain material that is offensive, distasteful, dangerous, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous and obtain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created. In the event this Raffle is run via one or more third party platform(s), You warrant and represent that Your entry does not infringe the Terms of the third party platform(s).
GRANT OF RIGHTS
You may submit the material, where applicable, to the Organizer in connection with the Raffle (collectively, the “Entry Materials”). Entry Materials may contain You, (or another’s) voice, image, photograph, statements, biographical information, performances, name and likeness and other user generated content.
As consideration for Your participation in this Raffle and the opportunity for You to win a reward, You will assign to the Organizer all rights as set forth in the applicable law and to Entry Materials to the broadest extent possible. To the extent that rights are not assignable, You grant to the Organizer a worldwide, unlimited, exclusive, royalty-free, transferable licence to use the Entry Materials for the purposes of this Raffle , including but not limited to the display on any and all Organizer and its affiliates’ websites, including social media websites. The Organizer does not guarantee any confidentiality with respect to Entry Materials. Subject to any licence, You grant herein, any and all Entry Materials that You upload, store, transmit, submit, exchange or make available to the website is generated, owned and controlled solely by You, and not by the Organizer. It is solely Your responsibility to monitor and protect any intellectual property rights that You may have in Your Entry Materials, and the Organizer does not accept any responsibility for the same. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
You represent and warrant that all necessary rights, permissions, consents and moral rights’ waivers have been duly and effectively obtained from any performer, presenter, contributor or other person involved in the Entry Materials or rights, services or facilities in connection with it.
To the extent permitted by applicable law, reward recipients may be requested to take part in Raffle activity and the Organizer reserves the right to use the names and addresses of reward recipients, their photographs and audio and/or visual recordings of them in any Raffle material to the extent each 4 reward recipient agrees. The Organizer will seek the consent of the reward recipient, where required. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
COLLECTION OF INFORMATION AND DATA PRIVACY
Insofar as is permitted by law, the Organizer, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the reward recipient or accept any liability for any loss, damage, personal injury or death occurring as a result of participation in the Raffle , as well as taking up the reward. Any limitation of liability shall be excluded for fraud, willful misconduct or gross negligence. Your statutory rights are not affected (including the Consumer Guarantees under Section 36 of the Consumer Protection Act of 2008).
The Organizer and the My Aviation Life exclude all liability to You for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by You in connection with Your participation in the Raffle unless such loss arises from the Organizer’s or the My Aviation Life failure to respect its contractual and legal obligations, in which case My Aviation Life still limits its liability for the above mentioned situations to the extent allowed by applicable law.
The Organizer and Status Aviation shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; reward notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter and/or participate in the Raffle , whether the entry is lost, not submitted, wrongly processed or does not win.
There is no legal right to participate in this Raffle . The Organizer is not responsible if You are unable to participate in the Raffle for any reason.
The Organizer is not liable if You injure Yourself while performing actions with regard to this Raffle . You represent that You do not have any condition and are not affected by any circumstances that would prevent You from safely participating in the Raffle or would pose a present risk to others in Your doing so. You also agree that You are not otherwise prohibited from participating in the Raffle for any reason.
In no event shall the Organizer and the Status Aviation be responsible or liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by, directly or indirectly, circumstances or forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services, when these circumstances constitute a force majeure as defined under applicable local law.
To the fullest extent permissible by law, and without affecting the application of the Consumer Protection Act of 2008, no conditions, warranties or other terms apply to the Raffle and all Free Products are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose).
The Organizer excludes any responsibility and/or liability in case the participation/the award of a reward requires the approval of a Guardian. This solely lies within Your responsibility.
If any provision of the Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired thereby.
These Terms shall be governed by and construed in accordance with the laws of South Africa, and the parties submit to the non-exclusive jurisdiction of the courts competent for the address of My Aviation Life.
The latest version of the Terms will be available on the Organizer’s website.
For general questions arising out of these Terms and/or related to this Raffle , please contact email@example.com