Terms and Conditions

This Competition will run from 1 December 2021 until 28 February 2022. Entries received after the closing date will not be considered.

 

Who can enter?

  1. Participants must be 18 years or older and have a valid identity document or passport.
  2. Participants may not enter or receive a prize if they are directors, members, partners, employees, a family member of employees, agents of or consultants of Topaz Tower Trading (Pty) Ltd trading as and referred to as Harley-Davidson Cape Town, Harley-Davidson Winelands herein, or the SAFY Mobility Group of companies, their franchises, holding companies, divisions and/or associated companies or of the advertising or promotion agencies or any other person who directly or indirectly controls or is controlled by the SAFY Mobility Group.
  3. By entering this Competition, all Participants agree to be bound by these terms and conditions, and Harley-Davidson Cape Town and Harley-Davidson Winelands’ decision regarding any issue with the Competition will be final and binding and no correspondence will be entered into.
  4. Only one entry per participant is allowed and will be via completing the competition form to win a Harley-Davidson Motorcycle on the https://harley-davidsoncapetown.co.za website. 
 

General 

  1. Harley-Davidson Cape Town and Harley-Davidson Winelands reserve the right to shorten, extend, suspend the time period of the Competition or terminate the Competition whenever it should so choose for technical, commercial, or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within their sole discretion. 
  2. The Competition, its prizes, and terms and conditions may be amended by Harley-Davidson Cape Town and Harley-Davidson Winelands, at any time during the Competition, and will be applied and interpreted within their sole discretion. In such an event, all Participants waive any rights that they may have/purport to have in terms of this Competition and acknowledge that they will have no recourse against Harley-Davidson Cape Town and Harley-Davidson Winelands whatsoever.
  3. All publicity and other materials will be the sole property of The Harley-Davidson Cape Town and Winelands.
  4. Harley-Davidson Cape Town and Harley-Davidson Winelands are not liable for any technical failures affecting participation in the campaign and they assume no liability in this regard.
  5. To the fullest extent permitted by law, by participating, the Participant indemnifies, releases and agrees to hold harmless Harley-Davidson Cape Town and Harley-Davidson Winelands, their associated, holding and subsidiary companies, and its directors, officers, agents, representatives, shareholders, employees, successors and assigns from any and all claims or liability arising from participating in the Competition, any Competition-related activity and/or acceptance, receipt, possession or use/misuse of any prize.
  6. To the extent permitted by law, Harley-Davidson Cape Town and Harley-Davidson Winelands will not be liable in any way whatsoever, for any claims arising from loss, injury, damage or costs, suffered by a Participant in relation to this Competition or the prizes offered, including but not limited to claims relating to defects in the prizes or any losses caused by such defects or losses arising from incorrect or inaccurate information supplied by Participants.
  7. Harley-Davidson Cape Town and Harley-Davidson Winelands will not be liable for any loss suffered as a result of incomplete or incorrect information provided.
  8. South African law shall govern these competition terms and conditions and the courts of South Africa shall have exclusive jurisdiction.
  9. Motorcycle visuals may show specifications and options not available in South Africa.
  10. The winner will collect their prize at Harley-Davidson Cape Town’s dealership in Cape Town.
  11. The winner(s) of the Harley-Davidson motorcycle has 20 working days to collect the bike from the Cape Town dealership once they have been informed that they have won. Failure to claim/ collect their prize, within the given time frame, will result in the prize being forfeited and will be allocated to a new Eligible Contestant that is selected in accordance with the provisions of the Terms. 
  12. The prize may not be awarded (and entries disqualified) if entry procedures or these terms and conditions have not been adhered to or if Harley-Davidson Cape Town and Harley-Davidson Winelands detect and/or suspects any irregularities or fraudulent practices.
  13. The winner is responsible for the insurance of the prize.
  14. The participant agrees to Harley-Davidson Cape Town and Harley-Davidson Winelands process of deciding on a winner and waves the right to object to the same.
 

Limitation of Liability:

  1.  If for any reason, this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, Harley-Davidson Cape Town and Harley-Davidson Winelands reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion subject to any written directions under applicable legislation. Harley-Davidson Cape Town and Harley-Davidson Winelands also reserves the right in its sole discretion to disqualify any individual who Harley-Davidson Cape Town and Harley-Davidson Winelands has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the promotion. Harley-Davidson Cape Town and Harley-Davidson Winelands’ legal rights to recover damages or other compensation from such an offender are reserved.
  2. Harley-Davidson Cape Town and Harley-Davidson Winelands are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this promotion.
  3. If required by the Minister of Trade and Industry, the National Consumer Commission or for whatever other reason, Harley-Davidson Cape Town and Harley-Davidson Winelands will have the right to terminate this promotion with immediate effect and without notice of such termination. In such an event, all entrants hereby waive any rights, which they may have against us and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against us.
  4. Harley-Davidson Cape Town and Harley-Davidson Winelands reserves the right to delete any information uploaded by a participant which Harley-Davidson Cape Town and Harley-Davidson Winelands, in its absolute discretion, believes is illegal, obscene, offensive or defamatory, or infringes the intellectual property rights of a third party, or is otherwise inappropriate for a campaign designed for mass audience entertainment.
  5. Harley-Davidson Cape Town and Harley-Davidson Winelands will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the promotion and or prize/s except for any liability, which cannot be excluded by law. 
  6. Harley-Davidson Cape Town and Harley-Davidson Winelands will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this promotion, if the deficiency is occasioned by any cause outside the reasonable control of Harley-Davidson Cape Town and Harley-Davidson Winelands, including without limitation, technical malfunctions or failures or warranties (including warranties and functionalities of the prizes).
  7. Harley-Davidson Cape Town and Harley-Davidson Winelands will not be responsible for any travel costs that a Winner(s) may incur when collecting the prize from the Cape Town dealership.
  8. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.

Publicity and Data Privacy

  1. By entering, a Participant acknowledges that personal information about the Participant will be shared with Harley-Davidson Cape Town, Harley-Davidson Winelands and their franchisees to the extent necessary to conduct the competition, for prizes to be handover to prize winners and for marketing purposes.
  2. All personal information relating to the Participants will be used solely in accordance with South African consumer and data protection legislation and the POPI act.
  3. The name of the winner will be announced on the website, social media and via email on or before 31 March 2022.
  4. By accepting the prize, the winner of the competition agrees that their names and pictures may be used for any future marketing material in print and digital media.