Terms and Conditions
DRiV CYMOT Tradeshow Promotion

(Version 23/03/2023)

ARTICLE 1: PREAMBLE

1.1 These terms and conditions (hereinafter referred to as “Terms and Conditions”) describe the official rules related to the DRiV CYMOT Tradeshow Promotion, conducted in Namibia (hereinafter referred to as “Promotion”). Participation in the Promotion is free and does not include any obligation to buy any goods or services.

1.2 By participating to the Contest, the Participants, defined below, accept these Terms & Conditions and have read the Privacy Statement.

ARTICLE 2: The ORGANIZER

2.1 The Promotion is organized by:
Federal-Mogul of South Africa (PTY) LTD Aftermarket Division,
7 Meadowview Lane, 2090, Johannesburg, South Africa (hereinafter “Organizer” or “DRiV” or “we”).

2.2 We will work with an agency acting on our behalf to manage the promotion website, entry process and the random selection of prize winners. This agency is: Involution Ltd, with registered office at Park House Business Centre, Clayton Wood Close in Leeds, LS16 6QE, UK, registered under tax identification number ZA275806, VAT number GB 734 6430 38 (hereinafter: "Involution").

2.3 For more information or questions related to this Promotion, please contact [email protected].

ARTICLE 3: The PARTICIPANTS

3.1 The Promotion is open to legal residents of Namibia

  • who are the owners and/or legal representatives of an Automotive Service and/ or Repair business and
  • are aged 18 or over (hereinafter “Participants”).

3.2 Employees of the aforementioned Automotive Services and/ or Repair businesses may also participate under the express condition that they

  • have entered into a valid labour agreement with the owner or legal representative, participating in their professional capacity, and
  • having obtained the express written consent to participate in this Promotion from the owner or legal representative with whom they have a professional relationship.

DRiV may request written proof of the express consent of the relevant owner or legal representative; failing to provide such written proof of consent may lead to exclusion of the relevant Participant from participating in this Promotion and from winning a Prize.

3.3 By checking the terms and condition box on the landing page at https://qr-promotion.com/campaign/drivcymottradeshowcompetition

, Participants confirm that they fulfil the above requirements.  

3.4 The following are explicitly excluded from participation in the Promotion:

  • Minors subject to the Laws of Namibia.
  • Consumers, acting for purposes which are outside of their trade, business, craft or profession, in the sense of the South Africa Consumer Protection Act, 2008 on Consumer’s Rights.
  • Employees and other staff members of DRiV and any Tenneco affiliated companies, including Distributors, wholesalers and the members of its distribution chain, other than those explicitly designated in paragraph 3.1 of this article.
  • Employees and other staff members of the Organizer and these Employees´ or other staff members´ immediate families, their agents or anyone professionally connected with the Promotion.
  • Employees and other members of staff of third-party companies, (in)directly involved in the creation, development, organization, administration and/or promotion of the Draw.
  • Relatives or members of the household (whether or not related) of any employee mentioned above (parents in ascending or descending line, spouses, cohabitants or siblings.).

3.5 The identity of each Participant in the Promotion will be ascertained through the email address used to enter the Promotion. The ability to participate in this Promotion shall also be based on the email address provided by the participant. Incomplete or incorrect email addresses will not be considered and will render participation null and void as well as incomplete or incorrect names or surnames. If a Participant is qualified to win a prize, it may be required to provide a proof of identity and country of residence by the Organizer at its sole discretion, in order to verify fulfilment of requirements and to receive its prize. In the absence of such proof, DRiV reserves the right to disqualify the Participant.

ARTICLE 4: PRIVACY
4.1 By participation, every participant confirms that he has read the applicable Privacy Statement.

4.2 By checking the respective box on the main registration page at https://qr-promotion.com/campaign/drivcymottradeshowcompetition, Participants agree to 

  • the collection and processing of their personal data for the purpose of the performance of the given promotion and 
  • receiving commercial messages from the Organizer and its commercial partners.

4.3 The data controller as meant in the laws of South Africa is:
Federal-Mogul of South Africa (PTY) LTD Aftermarket Division,
7 Meadowview Lane, 2090, Johannesburg, South Africa

4.4 Pursuant to the laws of South Africa, your personal data shall be registered and stored exclusively in the databases controlled by DRiV.

4.5 Participants accept that their personal data can be stored, processed and transferred across national borders, within the Tenneco group of enterprises by DRiV and by our managing agency, Involution, during the Promotion.  The personal data is exclusively collected and processed to ensure the sound processing of the Promotion and fulfilment of the obligations related to the Promotion, and more specifically to efficiently contact the winners within the due time and for the purpose of contacting Participants with commercial information of DRiV or other companies from the Tenneco group of enterprises if the Participant has expressed its will to be contacted for such purpose.

4.6 Personal data will be stored for the time needed to organize the Promotion and (if applicable) to send commercial information. DRiV guarantees not to pass any personal data on to any third parties other than companies from the DRiV group of enterprises and the managing agency without consent of the Participants.

4.7 Participants have a right to access, modify and delete their personal data. They also have a right to object within the framework of the processing of their personal data.  Participants should note that deletion of their personal data from the database during the Promotion Period laid out in Article 5 below and a reasonable time thereafter during which the Organizer will contact the winners, will automatically lead to their disqualification from the Promotion. Execution of these rights and revocation of their consent can only be done by sending an email to [email protected].

ARTICLE 5: DURATION

5.1 Entry for the Promotion will be open between 14/07/2023, 00h00 GMT+0 and will close on 15/07/2023, 23h59 GMT+0 (“Promotion Period”).

5.2 DRiV reserves the right to extend the deadline for participation in the Promotion without prior notice at its sole discretion. DRiV also reserves the right to close the Promotion earlier than the stated date and time due to excessive traffic and volume, established or possible fraud amongst Participants or any reason of Force Majeure. In the event of an early termination of the Promotion, Participants will be informed via the website and/or via e-mail.

ARTICLE 6: The PROMOTION

6.1 Entry to the Promotion is through the website https://qrpromotion.com/campaign/drivcymottradeshowcompetition

6.2 Participation is determined by date of entry between the opening and closing dates. Entries made outside the Promotion Period, so before or after the above-mentioned dates under Article 5, will not be taken into consideration.

6.3 Eligible participants are required, after scanning a unique QR code, supplied during the CYMOT Tradeshow on the DRiV or Garage Guru stand, to enter the required information at the website https://qrpromotion.com/campaign/drivcymottradeshowcompetition. The unique QR Code can be scanned once only to enter the promotion.  Subsequent scans will not activate the promotion but will still provide access to product and technical information until the code ceases to be operational, when its security level is exceeded.

6.4 There is no conditional purchase required. A single unique QR code can also be obtained by writing to the MONROE Promotion Organizer, Federal-Mogul Aftermarket UK Limited, Greyhound Drive, Bradford BD7 1NQ and providing a post-paid, self-addressed envelope. The organizer takes no responsibility for requests lost, damaged or delayed in the post.

6.5 In order to enter the Promotion, Participants must register their personal data (First Name, Last Name, Company, E-Mail Address, Post Code) as per instructions on the website.

ARTICLE 7: The WINNERS

7.1 The Promotion winners will be randomly selected via a system algorithm.  After completing the entry process, winning participants will be notified with an on-screen message and will receive an e-mail confirming the prize won, if any.

7.2 Prizes will be issued during the CYMOT Tradeshow only between 14/07/2023 and 15/07/2023 at the DRiV stand. DRiV is not obliged to send any notice to those Participants who did not win. The random selection of prize winners is final and binding. DRiV will not enter into any discussion or communications about its random selection.

ARTICLE 8: The PRIZES

8.1 The Promotion provides the following prizes:

  • 500 Keyrings, 200 LED Torches, 50 Cooler Packs, 10 Bluetooth Speakers
  • 2000 Monroe Bumper Stickers
  • 2000 Ferodo Bumper Stickers
  • 2000 Champion Bumper Stickers

8.2 Prizes awarded are personal in nature. They are non-transferable and shall in no circumstances be substituted or replaced by alternatives or by any cash equivalents upon winner´s request. However, the Organizer reserves the right to replace/ substitute the Prize at its sole discretion, in case of non-availability.

8.3 DRiV will not be liable for any taxes or charges payable by the winners based on the Prize if applicable.

8.4 The Organizer shall under no circumstances be liable or pay compensation for the impossibility for a winner to claim its Prize due to legal restrictions.
8.5 DRiV shall not be responsible for any injury or damage incurred in the use of the prizes.

ARTICLE 9: DISQUALIFICATION FROM PROMOTION
9.1. Participation is conditional on acceptance of these Terms and Conditions and the Promotion rules they contain. DRiV reserves the right to disqualify Participants from the Promotion for any of the following reasons and without further explanation:

  • any circumstances occurring beyond its control,
  • deliberate tampering with the Promotion mechanism,
  • violation of any of the submission and Promotion terms,
  • data hacking of any type,
  • in the situations unforeseen in these Terms & Conditions and
  • any other reason which DRiV deems is not in line with the spirit of the Promotion.

9.2 A mere suspicion of unfair play will be a sufficient reason for disqualification.

ARTICLE 10: MODIFICATION/ ANNULATION OF THE PROMOTION

10.1. DRiV reserves the right to modify the Promotion or the Terms and Conditions and/or to suspend or cancel the Promotion or the Prize reward and in the event of any unforeseen circumstances or any event of Force Majeure, such as e.g. internet downtime, power cuts, server failure, virus attacks, hacking, internet piracy, cancellation, acts of participants, changing legal framework or any other event beyond the reasonable control of DRiV that render the organization of the Promotion, the application of the Terms and Conditions and/or the rewarding of the prize temporarily or indefinitely impossible.
In case the Promotion is suspended or cancelled by DRiV, it shall be notified to the Participants on the above-mentioned websites and by e-mail where possible. In case the rules of the Promotion are changed by DRiV, the changed rules shall be notified to the Participants by e-mail. The Participants can either accept these new rules or withdraw from Participating in the Promotion.

10.2 In the event that the suspension or cancellation of the Promotion or the Prize reward is due to acts of Participants, such Participants will be held liable for any damages, direct or indirect and including Participants´ or third-party claims, incurred by DRiV due to the suspension or cancellation. Upon suspension or cancelation DRiV cannot be held liable for any expenses incurred or damages suffered, whether direct, indirect, consequential or inconsequential, and DRiV shall not be obliged to organize any alternative Promotion or offer any alternative prize.

ARTICLE 11: LIABILITY

11.1. DRiV is – except in cases of wilful intent or gross negligence as well as cases of statutorily mandatory liability – not liable for any direct or indirect damages that may occur during the organization of or the participation in the Promotion or during the use or experience of the Prizes, irrespective of the cause or the consequences of such damages, including damages caused by:

  • the infringement of third-party intellectual property rights by the Participant;
  • content or personal data shared by the Participant;
  • participation of a minor to the Promotion with or without permission from its parents or legal guardian;
  • problems with the internet connection, any other problem in the telecommunication network, to the hardware, software, with ISP’s, caused by viruses, technical problems of any kind, hacking, court orders or mandatory legislation;
  • non-receipt of the subscription form by DRiV in case of Force Majeure, malicious intervention of a third party, connection problems, or any problems occurring, and which are outside the scope of influence of DRiV;
  • legal restrictions on participation to the Promotion in certain jurisdictions, which may limit or prohibit participation from such jurisdiction;
  • legal restrictions concerning attribution of Prizes in certain jurisdictions;
  • legal restrictions on international travel, visa or international passports restrictions, etc… in certain jurisdictions that may influence winner’s possibility to claim its Prize;
  • changes made to these Terms & Conditions or annulment of the Promotion.
  • the use or experience of the Prizes by the winners.  The Prizes are offered and organized by third parties and DRiV does not accept any responsibility or liability for the Prizes. Participants enter a direct relationship with these third parties when claiming or experiencing the Prizes, to which DRiV is no party.

11.2 Except in cases of serious or intentional misconduct, DRiV, nor its personnel, nor any third party it relies on for the organization or publicity of the Promotion, can be held liable for any damages of whatever type (including any loss or damage whether direct, indirect, inconsequential or consequential) that would have occurred as a consequence of organization of or participation in the Promotion, the indication of the winner(s) or the assigning of the Prizes.

11.3 DRiV as a rule does not accept liability in case the winner fails to take and/or accept delivery of their prize from the CYMOT Tradeshow on the 14/07/2023-15/07/2023 for whatever reason. DRiV also does not accept liability for Prizes which fail to arrive due to other circumstances beyond its control.

11.4. In the event of an error, howsoever caused, whether a production error or otherwise and whether obvious or otherwise, which affects the Promotion in any way, DRiV reserves the right to administer the Promotion as though the error had not occurred. Where DRiV deems it appropriate and/or feasible, DRiV may elect to notify participants of the error and correct it.

11.5. UNDER NO EVENT WILL DRIV BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING

, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DRiV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, if you live under such jurisdiction, the above limitation or exclusion does not apply to you.

ARTICLE 12: ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE PROMOTION

By participating, Participants will be deemed to have agreed to be bound by these Terms and Conditions and to their interpretation in compliance with the laws of South Africa.

ARTICLE 13: CONTROL OVER PROCEEDINGS AND RANDOM SELECTION OF WINNERS

This Promotion is organized under the authority and control of an independent party, who will insure respect of the present Terms and Conditions, correct appointing of winners and general good conduct by DRiV.

ARTICLE 14: DISPUTE SETTLEMENT

14.1 Each complaint or dispute regarding these Terms and Conditions, must be addressed to the Organizer through the following contact address:
DRiV QR Code Campaign CYMOT Tradeshow 2023
DRiV- 7 Meadowview Lane, 2090, Johannesburg, South Africa

14.2. In case of dispute regarding the interpretation of these Terms and Conditions, the Participants and DRiV agree to consult each other in order to find an amicable solution to solve the dispute.

14.3 All DRiV’s decisions are final and binding in all matters concerning the Promotion. They cannot be appealed.

14.4 In case one or more provisions of these Terms and Conditions would be found null or void, the remainder of the Terms and Conditions will continue to apply.

14.5. The Terms and Conditions, the Promotion and any aspect related to the relationship between the Participants and DRiV are governed by and construed exclusively in accordance with the laws of South Africa, they shall be interpreted accordingly.

14.6. If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under any jurisdiction, such illegality, invalidity or unenforceability shall not affect the validity or enforceability of any other provision of these Terms and Conditions.

ARTICLE 15: PRINTED COPY OF TERMS AND CONDITIONS
A printed copy of the rules stated in these Terms and Conditions can be requested by writing to (accompanied by a stamped, addressed envelope):
DRiV QR Code Campaign CYMOT Tradeshow 2023
DRiV- 7 Meadowview Lane, 2090, Johannesburg, South Africa