FKN ARMY

FKN ARMY PROMOTIONAL GIVEAWAY 2023

– TERMS AND CONDITIONS –

1. INTRODUCTION

These terms and conditions apply to the FKN Army Promotional Giveaway 2023 (“the Giveaway”) more fully described below.

2. KEY WORDS AND DEFINITIONS

The following words shall have the meaning given below.

“Accountant”             the accountants, appointed to oversee and monitor the Giveaway by the FKN Army being Stuizen Accounting and Taxation, Emalahleni;

“Announcement

Date”                          same as the date of the Live Draw;

“Closing Date”            means the 31^st of August 2023;

“Draw Date”                1^st of September 2023, at 12h00 being the date that the Eligible Tickets will be determined as per the Initial Draw;

“Initial Draw”               means the lucky (randomized) draw from the list of Tickets to determine the three Eligible Tickets that will be eligible for the Prize as at the Live Draw as further described below;

“Eligible Tickets”         the three Tickets chosen as per the Initial Draw that will be eligible for the Prize at the Live Draw;

“FKN Army”                 FKN Army (NPC) being a non-profit company with company registration number 2022/301204/08, address at 26 Tungsten Street, Witbank, Mpumalanga, 1035 and the promotor of the Giveaway;

“Live Draw Date”        the date of the Live Draw when the winner will be determined and announced being the 2^nd of September 2023 draw starting at 12h00;

“Start Date”                 the date whereupon the Giveaway was announced

“Ticket”                       an entry ticket for the giveaway entitling the Ticket Holder thereof to participate in the Draw;

“Ticket Holder”           the holders of an entry Ticket;

“Rules”                        these terms and conditions;

“the Giveaway”          the random draw to be held in accordance with the Rules in terms whereof a Ticket Holder will win the Prize;

“the Prize”                   means the 2023 Toyota Land Cruiser Pick Up 79 4.5D P/U D/C Beige 4E9 supplied by village Mall Auto (Pty) Ltd trading as Halfway Toyota Fourways, the Arena, Cnr William Nicol & Leslie Road, Fourways, 2067, Gauteng,

“the Winner”               the winner of the Live Draw and who will receive the Prize.

3. The Giveaway relates to the Prize (Toyota) as described above.
4. The Prize is supplied by Mall Auto (Pty) Ltd trading as Halfway Toyota Fourways.
5. The profits of the ticket sale, after deduction of amounts for expenses and prizes, shall be solely applied for recognised charitable purposes as per the FKN Army’s non-profit purposes.
6. Requirements for participation in the Giveaway.
   • Only holders of a valid Ticket shall be eligible for the Prize;
   • Ticket sales will end at the Closing Date (31 August 2023). Ticket sales will as such end at midnight the 31^st of August 2023.
   • A person may buy multiple Tickets, the price of a ticket will remain the same no matter the number of Tickets bought;
   • In order for a Ticket to be valid, the Ticket must be bought and paid up, by the Closing Date;
   • Entry into the Giveaway shall be by means of Tickets registered and paid for by completing the required entry form on the FKN Army Website https://www.fknarmy.com/ and by means of making payment of the required cost of the Ticket to the FKN Army.
   • All holders of Tickets as at the Draw Date will qualify for the draw.
7. How Giveaway winner will be determined.
   • The Prize in the Giveaway will not be awarded to any person who is a director, member, partner, employee or agent of, or consultant to the FKN Army or any other person who directly or indirectly controls, or is controlled by, the FKN Army, or a supplier or sponsor of goods in connection with the Giveaway.
   • As at the Closing Date the Accountant will determine a list of all Ticket Holders and Tickets sold.
   • Each Ticket sold, as aforesaid, will be assigned a single unique, sequential number by the Accountant.
   • Three Tickets will be determined by means of a random number generator (RNG) being a computer program designed to, on random, pick a number, from the numbers assigned to the Tickets, as above (the “Initial Draw”). The final winning Ticket shall be determined as below.
   • The Initial Draw to determine the three potential winning tickets will take place at the office of the Accountant and the results will be recorded.
   • The Initial Draw will take place on the 1^st of September 2023 at 12h00.
   • The RNG program used will be in the discretion of the Accountant.
   • To determine the final winner out of the three randomly selected Tickets (herein the “Eligible Tickets”) as per the Initial Draw the three Ticket Holders as per the Initial Draw will be invited to attend a live draw at Elegant Fuel Menlopark, 81 13th Street, Menlo Park, Pretoria, Gauteng. Draw will commence at 12h00 on the 2^nd of September 2023.
   • The final (live) draw will take place by means of placing three identical looking keys in a bag, with only one of the keys being assigned to (and capable of opening) the Prize.
   • The holders of the three eligible Tickets will in a random order (determined by the Accountant by RNG) be given an opportunity to take a key out of the bag.
   • If a Ticket Holder is unable to attend to the live draw, the FKN Army will appoint representative to make the draw (choose the key out of the bag) on such Ticket Holder’s behalf.
   • The Ticket Holder (or the Ticket Holder’s representative) who draws the correct key out of the bag will win the Prize.
   • If it transpires that the winning Ticket Holder is disqualified from receiving the prize, a new Winner shall be determined, by random draw out of the remainder of the Eligible Tickets.
   • Should a Ticket Holder accept the prize and it only become apparent afterwards that the member was disqualified, the Ticket Holder shall return the Prize.
   • A Ticket Holder shall be disqualified, if the Ticket Holder violated these rules or if it transpires that the Ticket Holder has in some manner gained an unfair advantage in the Draw.
8. Announcement of result
   • The Eligible Ticket Holders will be contacted telephonically and by email to inform them of the outcome of the Initial Draw.
   • The Winner (if not present in person at the Live Draw) will be contacted telephonically and my email on the Announcement Date and be informed of the result. With consent of the Winner a video will be taken and posted at the time of actual handover of the Prize.
   • The name and town of the winner will with consent of the Winner be announced, on the Announcement Date.
   • Announcements will be made by social media platform and the website – https://fknarmy.com/.
9. Copy of these rules

These rules are available on the FKN Army Website at https://www.fknarmy.com/.

 

 

10. Receipt of the Prize
    • The Winner of the Prize shall be entitled to collect the Prize from Mall Auto (Pty) Ltd trading as Halfway Toyota Fourways, the Arena, Cnr William Nicol & Leslie Road, Fourways, 2067, Gauteng, on prior notice and from Monday to Friday between 09h00 until 16h00 and excluding public holidays.
    • The FKN Army will provide the required documents to register the Prize into the name of the Winner at the Department of Roads and Transport, Emalahleni and pay for the costs of registration thereof in the name of the Winner (but not the costs of any fines in the name of the Winner).
    • The Winner will become eligible for the Prize, subject to the Rules, and upon completion of the Live Draw and determination of the Winner.
    • Risk of loss or damage to the Prize will vest in the Winner on collection of the Prize.
    • The FKN Army reserves the right to require the full proof of identification (identity number), work, email and residential address of the Winner, before release of the Prize.
    • The Winner shall be required to make arrangements for and collect the Prize within 30 (thirty) calendar days of the Live Draw Date.
    • If the Winner fails to accept and collect the Prize within 30 (thirty) calendar days of the Live Draw Date, or to make arrangements for same to the reasonable satisfaction of the FKN Army the Prize shall be forfeited and a new Winner shall be determined by means of new draw to be conducted on the same basis as the first Draw read with the necessary changes in context.
    • The Prize may not be exchanged for cash and are non-negotiable and/or refundable.
11. No warrantees are provided
    • Other than for the warrantees provided by the manufacturer of the Prize (if any), no warrantees are provided by the FKN Army in respect to the Prize.
    • The FKN Army will provide the Prize and the Winner will accept all risk of damage, loss maintenance and repair in respect of the Prize from the delivery date.
12. Indemnity

The Winner, by accepting the Prize, indemnifies (releases from and agrees to protect against) and undertakes to keep indemnified, the FKN Army (as well as its directors, advisors, employees and representatives) in respect of the Prize, its use and operation, and the FKN Army (as well as its directors, advisors, employees and representatives) will not be liable for any accident, injury, damage, harm loss or loss of life that the Winner or any person who uses the Prize may suffer or that any person may suffer resulting from the use of the Prize.

13. General conditions
    • The FKN Army shall not be liable for any disruption/delay to the Giveaway, whether due to technical problems or otherwise. If there is any disruption/delay to the Giveaway the FKN Army shall use its reasonable endeavours to remedy any disruption/delay and resume or reschedule the Giveaway in a fair manner and in due course.
    • The FKN Army will not be responsible for any failure or inability of a person to buy a Ticket due to interruption, error, delay in operation or transmission, communications failure, website failure, or inability to process an order to buy a Ticket.
    • A person cannot participate in the Draw unless the whole price of the Ticket or has been paid. Once money has been received for, or on account of, a ticket or chance it cannot be refunded to the participant except if the Draw cannot proceed.
    • Ticket sales will not be allowed to any person under 16 years of age.
    • The laws of the Republic of South Africa will apply to the Giveaway.