1. The Competition is conducted by Datsun, a division of Nissan South Africa Proprietary Limited, Registration Number 1963/007428/07 ("Nissan").
2. How to enter
2.1 This Competition will commence on Friday, 28 August 2020 at 10h00 and will close on Sunday, 30 August 2020 at 23h59.
2.2 Entry into the Competition works as follows:
2.2.1. Entrants will be required to follow the official Datsun South Africa account on Twitter or Facebook.
2.2.2. Entrants must comment/reply on Datsun’s GO FIVE tweet or post with their top five tunes they would play on the Apple CarPlay in the Datsun GO FIVE.
2.3 Entries that do not follow the official Datsun South Africa account on Twitter or Facebook will not be considered.
2.4 Entrants must use their personal Twitter or Facebook account in order to participate in the Competition.
2.5 Entrants must ensure that their post is set to Public, so that the content is viewable.
2.6 Entry into the Competition is free.
3. Who can enter and conditions of entry
3.1 The Competition is open to all registered users of Twitter and Facebook.
3.2 Entrants must be 18 years or older, be a citizen or permanent resident of the Republic of South Africa and be in possession of the relevant identification documents verifying such status.
3.3 Employees, officers, directors, dealers and agents of Nissan and affiliated companies and affiliated and subsidiary companies, representatives, legal advisors, any other advertising, promotion, and fulfilment agencies, and the immediate family or members of their same households (whether related or not) of such employees, are not eligible to enter the Competition.
3.4 Multiple entries per Entrant will be permitted.
3.5 The Competition is governed by the laws of the Republic of South Africa.
3.6 By entering the Competition, Entrant/s agree to be bound by these Terms and Conditions. Nissan reserves the right to modify the content of these Terms and Conditions with retrospective effect should modification be required to ensure the proper execution of the Competition.
3.7 Nissan reserves the right to withdraw and/or cancel the Competition at any time.
3.8 Nissan or its agencies will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of Nissan or its agencies. Proof of submission of entry is not proof of receipt of entry. Nissan accepts no responsibility for system errors or other issues that may result in disruption to lost, delayed or not received entries or winner notifications.
4.1 5 (Five) Winners will be selected through means of using a randomiser tool.
3 (Three) Winners will be selected by their comment on Facebook and 2 (two) Winners will be selected by their replies on Twitter in accordance with clause 2.2.
4.2 The Winners will be notified via direct message to his/her personal account on the social media platform used to enter, on 1 September 2020 at 12h00.
4.3 The Winners will be required to confirm eligibility plus acceptance of the Prize by 1 September 2020 at 15h00.
5.1 The Prize will consist of 1 (one) 3-month (three-month) Spotify account per Winner.
5.2 If the Prize is unavailable for whatever reason, Nissan reserves the right to substitute the Prize for a Prize of equal value.
5.3 Unless expressly stated in these Terms and Conditions, all other expenses and/or costs are the sole responsibility of the Winner.
5.4 The Winner will be liable for payment of their Spotify account after the 3-month (three-month) period has lapsed, should they decide to continue with the account.
5.5 The usage of the Prize will be subject to the terms and conditions of Spotify.
5.6 The Prize will be sent to each Winner via the email address provided by the Winner. It is each Winner’s responsibility to ensure the correct email address is provided.
5.7 If a Winner is not available to redeem the Prize by Tuesday, 1 September 2020 at 15h00, the Winner will forfeit the Prize and Nissan reserves the right at its sole discretion to award the Prize to another Entrant.
5.8 The entry and Prize are personal and non-transferable. No cash alternative or other Prize alternatives are available except as may be required in terms of clause 5.2.
5.9 The decision of Nissan is final and binding in all matters relating to the Competition and Nissan will not enter into any further negotiations in relation to the Competition.
5.10 Nissan may refuse at its discretion to award a Prize to a particular Winner, if in its opinion any entry conditions have not been adhered to, or if it detects any irregularities or fraudulent activities, relating to the entry/s of a said Winner.
5.11 Nissan reserves the right to request the Winner to participate in publicity events in relation to the Competition. In particular, Nissan may publish the Winners’ names and photographs on the Datsun South Africa Twitter or Facebook page and/or on https://www.datsun.co.za/
5.12 All Entrants and the Winner, as the case may be, indemnify Nissan, its parent company, affiliates, directors, officers, suppliers and/or associated companies against any and all claims of any nature whatsoever arising out of and/or from their participation in any way howsoever in the Competition (including, as a result of negligence, misrepresentation, misconduct or otherwise on the part of Nissan).
5.13 Nissan accepts no responsibility of whatsoever nature for any injury, loss, expense or damage suffered or incurred by any Entrant or the Winner as a result of participating in the Competition or as a result of accepting and use of the Prize.
5.14 The Winner will not be eligible to win another Nissan competition for a period of 3 (three) months after winning the Prize.
6 Data usage
6.1. Use of Personal Identifiable Information:
6.1.1. Entrants’ Personal Identifiable Information will be collected by Nissan for the purpose of conducting and promoting the Competition (including, but not limited to determining and notifying the Winner). Entrants' personal information may be disclosed to agencies employed by Nissan to conduct the Competition.
6.2. Use of images and video footage:
6.2.1. Any images and video footage submitted in connection with the Competition will be displayed on the Nissan South Africa or Datsun South Africa Twitter page, Facebook page and/or on www.nissan.co.za or www.datsun.co.za
6.2.2. By entering the Competition, Entrants agree that images and video footage may be broadcast via digital feeds or printed for physical events, and further that these images can be used for marketing and promotional material and activities by Nissan and affiliated companies during and beyond the Competition at its discretion and as is required.
6.2.3. Entrants grant to Nissan, its affiliates and sub-licensees, a non-exclusive worldwide, royalty-free licence to use, copy, display publicly, distribute, modify and alter any materials, including without limitation video/text/photo material, submitted in connection with the Competition (to the extent not assigned to Nissan hereunder), with the right to sublicense and assign the foregoing rights. Each Entrant hereby represents that they own all rights to materials, including without limitation video/text/photo material, submitted in connection with the Competition.
6.2.4. Nissan does not condone submissions that are untrue, contain copyrighted content; condone or promote illegal activity; are derogatory to members of a particular race, nationality, sex, sexual orientation or religion or incite hatred of particular groups; are abusive, bullying or name calling of other people; are cruel to animals; that contain excessive use of vulgar language; that in any way expose information of a private nature; are spam; are pretending to be someone famous; compromise children's safety; depict cigarettes, alcohol, drugs or nudity in the presence of children; display images of full nudity; are sexually explicit; depict violence, sadism or cruelty; include weapons or imitation weapons; condone illegal drug usage; represent any corporation negatively; include any personal or commercial solicitation or advertising; include broadcast material from TV or radio; are political in any way; or contain sensitive information about someone's mental or physical health. Any submissions which contain the aforementioned content will be marked as inappropriate, deleted and may be reported to the appropriate authorities.
6.2.5. Submissions must not contain: i) defamatory statements, ii) threats to any person, place, business, or group, iii) any dangerous behaviour, iv) any unacceptable clothing or adornments, v) any commercial/corporate advertising, or vi) any indecent behaviour, profanities or obscenities.
6.2.6. Submissions must not: i) disparage persons or organisations associated with Nissan, ii) invade privacy or other rights of any person or entity, or iii) in any other way violate applicable laws and regulations. Nissan reserves the right in its sole discretion to disqualify any entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon Nissan or any other person or entity, or does not comply with these requirements or these Terms and Conditions.
6.2.7. Nissan reserves the right to remove any inappropriate content at any time at its sole discretion.
6.3. Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of this Competition is a violation of legislation and should such an attempt be made, Nissan reserves the right to seek damages from any such Entrant to the fullest extent permitted by law.
6.4. Nissan is not responsible for any technical malfunction of any computer online systems, servers or providers, computer equipment, software failure of any email or entry to be received on account of technical problems of traffic congestion on the internet, telephone lines or at any website, or combination thereof, including any injury or damage to an Entrant’s or any other person’s computer or mobile telephone related to or resulting from participation in relation to the Competition. By entering the Competition, Entrants agree that no claim relating to any such loss or injury (including without limitation special, indirect or consequential losses) shall be asserted against Nissan.
6.5. This Competition is not sponsored, endorsed or administrated by Twitter or Facebook. You are providing your information to Nissan and not to Twitter or Facebook. The information you provide will only be used by Nissan.
7 Entrant consent
By submitting an entry, each Entrant hereby consents to the recording, use and reuse by Nissan and any of its respective licensees, assigns, parents, subsidiaries, divisions, business units, or affiliated entities and each of their respective employees, agents, officers and directors (collectively "Releasees") of the Entrant's voice, actions, likeness, name, appearance and biographical material (collectively "Likeness") in any and all media now known or hereafter devised, worldwide, in perpetuity, or in connection with the Competition. The Entrant agrees that the Releasees may use all or any part of the Entrant's Likeness, and may alter or modify it, regardless of whether or not it is recognisable. The Entrant further agrees that the Releasees may use the Entrant's Likeness, and the Entrant hereby assigns and agrees to assign to Nissan the content developed and generated as a result of the entry in the Competition (including any Review written by the Entrant). Without prejudice to the foregoing, the Releasees may use the content developed and generated by the Competition (including any Review) in connection with any promotion, publicity, marketing or advertisement arising out of or in connection with the Competition in any manner whatsoever. The Entrant releases the Releasees from any and all liability arising out of its use of the Entrant's Likeness, the video/text/photo and/or the Review. The Entrant hereby acknowledges and affirms that all actions and statements made by the Entrant are the Entrant's own, made of the Entrant's own free will, and are truthful to the best of the Entrant's knowledge. The Entrant agrees not to make any claim against the Releasees as a result of the use of the Entrant's Likeness, video/text/photo and/or the Review (including, without limitation, any claim that such use invades any right or privacy and/or publicity).