1. Definitions

In these Competition Rules, unless the context clearly indicates a contrary intention, the following words will have the following meanings and cognate expressions will have corresponding meanings:

The Act

The Consumer Protection Act 68 of 2008, as amended.

Business Day

A day other than a Saturday or a Sunday or a day which from time to time is a proclaimed public holiday in the Republic of South Africa.

Campaign Site(s)

Any digital or online interface and/or website(s) developed and deployed by the Promoter and which the Promoter makes available to the Participant, and which facilitates the engagement between the Promoter and the Participant on matters pertaining to the Competition.

Competition

Any Competition being undertaken or conducted by the Promoter to which these Competition Rules apply.

Customer(s)

Means any natural person(s), or where applicable juristic person(s), with whom the Promoter has concluded an agreement, as well as any Participants who participate in the Promotional Competition.

Data Subject

Means any Customer(s), Participants or Third Parties.

ECTA

Means the Electronic Communications and Transactions Act, No. 25 of 2002.

Electronic Communication(s)

Shall have the same meaning as ascribed to them in terms of POPIA.

Entry Confirmation

Means any confirmatory message received upon submission of the Participant’s entry to a Promotional Competition.

Marketing Channel(s)

Means the various Electronic Communication channels which the Promoter deploys from time to time.

Participant

Means any natural person who qualifies and who enters into a Promotional Competition.

Personal Information

Shall have the same meaning as is given in section 1 of POPIA.

Privacy Policy

The Privacy Policy to which these Competition Rules relate, and which can be sourced at Privacy Policy.

Promoter

Means Gumtree South Africa (Pty) Ltd.

Promotional Competition

Means any Competition to which these rules pertain as run by the Promoter during any Promotion Period.

Promotion Period

Means the period communicated through the relevant Campaign Site(s) and Marketing Channel(s) in relation to a Promotional Competition.

POPIA

Means the Protection of Personal Information Act, No. 4 of 2013 and the regulations thereto, as amended or replaced from time to time.

Prize

Means any prescribed prize(s) or benefit(s) as determined by the Promotor in respect of the Promotional Competition, the particulars of which will be published as set out in these Standard Competition Rules.

Standard Competition Rules

Means the rules pertaining to any Promotional Competition, as required by Section 36 of the Act.

Specific Competition Rules

Means the specific rules pertaining to any Promotional Competition, specifically relating to who can enter, how Participants can enter, how the specific Competition works, what the rules for the Completion are, what the period of the Competition is, and the applicable prizes and/or benefits.

Services

Means the various services provided by the Promoter to its Customer(s), the particulars of which services are clearly set forth on the Promoter’s website from time to time.

Third-Party

Means any third party which provides Services as contemplated herein above.

Third-Party Services

Means any third-party services provided by any Third Party described herein above.

Website

Means the website owned and operated by the Promoter sourced at https://www.gumtree.co.za/

Winner

Means the Participants who are successful in the Promotional Competition and are notified as such by the Promoter.

2. Introduction

The Promoter offers Promotional Competitions in terms of which the Participants can enter the Promotional Competitions in order to win Prizes. The Promoter imposes the following Standard Competition Rules in terms of Section 36 of the Act, which Standard Competition Rules supplement the Specific Competition Rules pertaining to any Promotional Competitions.

3. The Act

The Competition Rules contain certain terms and conditions which may –

• Limit the risk or liability of the Promoter, or any relevant Third Party; and/or
• Create risk or liability for the Participant; and/or
• Compel the Participant to indemnify the Promoter or a relevant Third party; and/or
• Serve as an acknowledgement, by the Participant, of certain facts; and/or
• Require the Participant to consent to the processing of his or her Personal Information.

4. The participant

The Participant must be:

• a natural person and may not be a juristic person;
• 18 years or older;
• a South African citizen and in possession of a valid passport.

o The Participant, by entering into the Promotional Competition expressly acknowledges that he/she has read these Competition Rules before entering a Promotional Competition and that he/she understands and thereby agrees to these Competition Rules.

o It is a material term of any Promotional Competition offered by the Promoter that all Participants to any Promotional Competition participate entirely at their own risk.

o No director, employee, agent or consultant of the Promoter or organiser, or their spouses, life partners, business partners or immediate family members, or the supplier of goods and services in connection with any Competition may participate in a Competition offered by the Promoter.

o Anyone who within a period of _________ days preceding a Competition has won any competition organised, promoted, or conducted by the Promoter, who resides at the same address as such a Winner, or who uses the same telephone number and/or email

address to enter a Competition may not participate in another Competition. Should such individual(s) participate in another Competition as a Participant, such individual shall not be eligible to become a Winner as contemplated in terms of these Competition Rules.

5. General entry rules

To enter into any Competition, Participants will be required to:

• Provide the Promoter with the Personal Information requested by the Promoter through functionality on the relevant Campaign Site(s);
• Consent to the Processing of their Personal Information for the purpose(s) identified in these Competition Rules; and
• Adhere to the entry rules set forth in any Specific Competition Terms.

Participants must retain their Entry Confirmation, as should it be necessary to verify their entry and participation, the Promoter reserves the right to call upon the production of their Entry Confirmation. Entries will be limited to 1 entry per submission via the Campaign Site.

6. The prizes

There are always various Prizes to be won during any Promotion Period and the period of a Competition.

The particulars of the various Prizes, the dates upon which and means through which such Prizes can be redeemed will be published on the Promotor’s Campaign Site(s), as well as be communicated to Participants via the relevant Marketing Channel(s).

It is specifically recorded that the Promoter will not be held responsible for Prizes distributed to Winners who have supplied the incorrect Personal Information required for the Prize to be awarded, or for the quality and state of any Prizes.

7. The winners

There will be a prescribed number of Winners for any Promotional Competition, which prescribed number shall be published on the Promotor(s) Campaign Site(s) and communicated to Participants via the relevant Marketing Channel(s) throughout the Promotion Period.

All Winners will be selected by an independent auditor nominated by the Promoter and will be notified via the relevant Campaign Site(s) or Marketing Channels selected by the Promoter and to which the Competition relates. In the event that any of the Winners do not successfully redeem their Prizes within the prescribed period set forth in any Specific Competition Rules, the Promoter reserves the right to select another Winner in substitution.

By participating in any Promotional Competition, the Winners hereby accept that they might be required to take part in further publicity relating to the Promotional Competition. By participating in a Competition, the Winners agree to allow their names and likenesses to be used for promotional purposes aligned with the Promoter’s business, including but not limited to posting photos and the

Participant’s Personal Information to the Promoter’s Website(s), Facebook or any other digital or social media platforms.

The Winners hereby acknowledge that by participating in a Competition, the Promoter will be processing their Personal Information, and the Winners specifically consent to the Promoter processing any Personal Information which is collected through the Competition for purposes of not only adjudicating the Competition, but also for purpose(s) of marketing the Promoters products and services to the Winners.

Where the Participants/Winners consent to take part in any of the Promoter’s publicity campaigns, they acknowledge that they will not be entitled to any remuneration for such participation and all materials arising from such participation will be the sole and exclusive property of the Promoter.

8. The rules

The following rules apply to any Promotional Competition and supplement any Specific Competition Rules which are unique to a particular Competition:

• The Participants must provide correct and up-to-date Personal Information as required by the Promoter pursuant to each engagement with the Promoter via the relevant Campaign Site(s) or Marketing Channels and allow the Promoter to Process such Personal Information in terms of Applicable Laws.
• The Promoter reserves the right to amend these Standard Competition Rules, as well as Specific Competition Rules, by bringing it to the Participants attention within a reasonable period of time and may terminate any Promotional Competition at any time. In such event, where a Promotional Competition is terminated or suspended, all Participants agree to waive any rights that they may have in terms of the relevant Promotional Competition and acknowledge that they have no recourse against the Promoter, their employees, agents, partners, suppliers, or sponsors.
• In the event of a dispute, the decision of the Promoter will be final, and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoter shall be entitled to deal with such disputes (or any failure by Participants to follow the Competition Rules) in their sole discretion, including that the Promoter shall be entitled to immediately disqualify Participants from a Promotional Competition. A dispute will be dealt with in terms of the Promoters Dispute Resolution Policy.
• Unlawful, fraudulent, or otherwise dishonest conduct or any conduct in breach of these Standard Competition Rules or any Specific Competition Rules by a Participant, determined in the Promoter’s sole discretion, may result in disqualification from a Promotional Competition and ineligibility to win any Prizes.

9. Indemnity

By entering into a Promotional Competition, the Participant expressly agrees to the following indemnifications:

• The Participant indemnifies and holds harmless the Promoter and its promotional partners, their directors, employees, their agents (“the Indemnified Parties”) of any and all liability pertaining to any damage, cost, injuries and losses of whatsoever nature and howsoever arising as a result of their participation in a Promotional Competition and related events and activities, including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy, or any claims in terms of POPIA.
• The Participant accepts that the Indemnified Parties will not be responsible for any costs, damage or otherwise, howsoever incurred by the Winner subsequent to claiming the relevant Prizes.

10. Prize qualification rules

Participation in a Promotional Competition constitutes acceptance of these Standard Competition Rules. By entering a Promotional Competition, Participants consent to their Personal Information being used for any other marketing campaigns undertaken by the Promoter. The Winners will be notified through the publication of the Competition Results on or through the Promoter’s Campaign Site(s), Website, Facebook or relevant social media or digital platforms.

A Prize may not be handed over to a Winner when it is prohibited by law for the Winner to use the Prize. When required, the Winner must prove their eligibility to use the Prize. Once the Winner has been notified and the prize has been handed over, the Winner must acknowledge receipt of the Prize. The Promoter reserves the right to substitute the Prize with any other prize of similar commercial value to the Prize offered herein, at its sole discretion. For further information surrounding the competition, please visit the Promoter’s Website at https://www.gumtree.co.za/

11. The processing of personal information

The Promoter undertakes to process any Personal Information in accordance with its Privacy Policy, as well as in a manner which promotes the constitutional right to privacy, retains accountability and Data Subject participation.

The Promotor may from time to time Process Personal Information by making use of automated means (without deploying any human intervention in the decision-making process) to make decisions about the Data Subject. In this instance it is specifically recorded that the Data Subject may object to or query the outcomes of such a decision. The Participant, by part taking in the Promotional Competition, expressly consents to his/her Personal Information to be Processed for the following purposes:

• For the Promoter to onboard the Participant as a Customer(s) as contemplated in terms of these Competition Rules, and specifically in terms of the provisions of section 69(3) of POPIA.
• To share the Participant’s Personal Information with the Promoter’s Customer(s), employees, contractors, agents or affiliates for the purpose of undertaking a Promotional Competition.
• To provide or manage any information and services requested by the Participant in general and in his/her capacity as a Customer of the Promoter.
• To establish a Participant’s needs, wants and preferences in relation to the services provided by the Promoter or any other Third Party or Customer(s) with whom the Promoter shares the Participant’s Personal Information.
• To help the Promoter to identify Participant’s when they engage with the Promoter via the various Campaign Site(s) and Marketing Channels.
• To allocate unique identifiers to Participant’s for the purpose of securely storing, retaining and recalling their Personal Information from time to time.
• To maintain records of Participant’s for research and statistical purposes.
• To transact with Third Parties.
• To transfer Personal Information to any Third Party in order to enable the Promoter to market their products and/or services to Participants.
• To transfer Personal Information to any afiliate(s) so as to enable the Promoter to make use of the services provided by the relevant affiliate(s) and in turn enable the delivery of the services and/or Third-Party Services to Participants who are considered to be Customers of the Promoter.
• To carry out analysis and profiling of the Participant.
• To identify other products and services which might be of interest to the Participant, as well as to inform them of any Third-Party Products and Services.