1.              The Competition is conducted by Nissan South Africa Proprietary Limited, Registration Number 1963/007428/07 ["Nissan"]

2.              How to enter

2.1            The full Competition period will commence on 3 February 2023 and close on 19 February 2023 and will during this period be active for a specific period at specified shopping malls as follows:

2.2            Entry into the Competition will be as follows:

2.2.1        A Formula E game racing simulator (the Simulator) will be placed in the relevant shopping mall in accordance with dates and times as set out in the above table

2.2.2        Entrants will be required to complete a Competition entry sheet setting out their full names and contact details in order to participate in the Competition

2.2.3        Each Entrant will be given one opportunity to drive the Simulator for one lap and must achieve the best lap time on the Simulator

2.2.4        One winner will be selected per Province.

2.3            Entry into the Competition is free.

3.              Who can enter and conditions of entry

3.1            NSA Employees are not eligible to enter, only non-Nissan employed individuals shall be eligible to enter the Competition [“Entrant/s”].

3.2            The Entrant can only enter the Competition individually.

3.3            Only 1 (one) entry per Entrant will be permitted.

3.4            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.

3.5            The Competition is governed by the laws of the Republic South Africa.

3.6            By entering the Competition, Entrants agree to be bound by these Terms and Conditions.

3.7            Nissan reserves the right to modify or clarify the content of these Terms and Conditions with retrospective effect and without notice to Entrants and/or Winners should modification or clarification be required to ensure the proper execution of the Competition.

3.8            Nissan reserves the right to withdraw and/or cancel the Competition at any time.

3.9            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.              Winner

4.1            1 (one) Winner per selected province will be selected by a panel of independent judges whose decision shall be final.

4.2            The Winner will be notified by mobile phone and/or email in accordance with contact details provided on the entry sheet,  

4.3            In the event that a Winner does not respond to communications within the 24 (twenty-four) hours of initial contact, the Winner will forfeit the Prize and Nissan reserves the right at its sole discretion to award the Prize to another Entrant. The Winner will have no recourse against Nissan as a result of his/her failure to respond under clause 4.

5.              Prize

5.1           The Prize shall, solely at the discretion of Nissan consist of:

5.1.1        Spot Prizes

5.1.1.1     Nissan branded bottles

5.1.1.2     Nissan branded caps

5.1.1.3     Qashqai branded tracker

5.1.2        Main Prize

5.1.3        A paid trip for 2 people to attend the full Formula E experience, which shall only include:

5.1.3.1    1 (one) night accommodation in Cape Town at a venue chosen by Nissan,

5.1.3.2    Costs of return flights on an airline chosen by Nissan,

5.1.3.3    Transportation for the duration of Competition related stay in Cape Town,

5.1.3.4    Three meals per day for the duration of Competition related stay in Cape Town

5.1.3.5    Tickets to the race taking place on 25 February 2023

5.2           Unless expressly stated in these Terms and Conditions, all other expenses and/or costs are the sole responsibility of the Winner.

5.3            If the Prize is unavailable for whatever reason, Nissan reserves the right to substitute the Prize for a Prize of equal value.

5.4            The entry and Prizes are non-transferable. Subject to clause 5.3, no cash alternative or other Prize alternatives are available.

5.5            The decision of Nissan is final and binding in all matters relating to the Competition and Nissan and the Entrant and/or Winner will not enter into any further negotiations in relation to the Competition.

5.6            Nissan reserves the right to change its decision if the Winner cannot be contacted through the applicable social media channel or if the Winner does not meet the conditions as set out herein. Nissan may at its sole discretion award the Prize to another Entrant and the original Winner will forfeit any Prize,

5.7            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.

5.8            Nissan reserves the right to request the Prize winners to participate in public events in relation to the Competition. In particular, Nissan may wish to publish the winners name and photograph/s on the Nissan Facebook page and/or on their website or another social media page or webpage.

5.9            All Entrants and the Winners, 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).

5.10         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.

5.11         The Winner will not be eligible to win another Nissan competition for a period of 3 (three) months after winning the Prize. Nissan will not be required to notify the Winner where it has won another competition under this clause 5.11 and may proceed with selecting another winner as provided for herein.

6.              General

6.1            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.

6.2            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.                                                                                     

7.              Personal Information

7.1            Use of Personal Information:

7.1.1        Entrants’ Personal 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 South Africa to conduct the Competition.

7.1.2        Personal Information collected in connection with the Competition will be used in accordance with these Terms and Conditions and Nissan South Africa’s Privacy Statement. This Privacy Statement can be viewed on https://www.nissan.co.za/privacy-statement.html   

7.1.3        By the submission of Personal Information in connection with an entry, Entrants consent to the use and disclosure thereof in terms of Nissan Privacy Statement and these Terms and Conditions. Entrants further agree that they will not submit any information containing the images or voices of any other person unless the Entrant has received prior consent from that person to such submission and his/her consent to use thereof connection with the Competition.

7.2            Use of images and video footage:

7.2.1        Any images and video footage submitted in connection with the Competition will be displayed on the Nissan Facebook page, Instagram page and/or on their web pages.

7.2.2        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.

7.2.3        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.

8.              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, in 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).