Bakkie Naming Campaign

Bakkie Naming Campaign - Terms & Conditions

1. Duplicate Submissions

1.1 For purposes of this Competition, a "Duplicate Submission" means the same name being submitted by more than one qualifying entrant, whether submitted on the same or different dates or times.

1.2 Each submission will be recorded against the date and time on which it is successfully received by the Promoter's designated competition system or platform. The date and time recorded by that system will be regarded as the official date and time of submission.

1.3 The submission of a name first in time does not give that entrant any preference, priority, ownership, exclusive right or entitlement to the name or to the Prize.

1.4 Where the name selected by the judging panel as the winning name has been submitted by more than one qualifying entrant, all qualifying entrants who submitted that exact winning name will be eligible to participate in a random draw to determine the Prize winner.

1.5 The random draw referred to in clause 1.4 will be conducted fairly, objectively and transparently, and will be overseen and/or certified by an independent person as required by applicable law.

1.6 Only entrants whose submissions have been validated as qualifying entries at the time of the draw will be included in the random draw. Any duplicate submission associated with an entrant who is subsequently found to be ineligible, has breached these Terms and Conditions, or has otherwise been disqualified will be excluded.

1.7 The fact that a name has been submitted by multiple entrants does not prevent the Promoter from selecting that name as the winning name. The Promoter may use the selected name regardless of how many entrants submitted it.

1.8 For the avoidance of doubt, being the first entrant to submit a particular name does not automatically make that entrant the winner and does not create any ownership, proprietary, intellectual property or other exclusive rights in or to that name.

2. Submitted Names and Intellectual Property

2.1 By submitting a name to the Competition, an entrant acknowledges and agrees that the submission of the name does not create, confer or establish any ownership, proprietary, intellectual property, copyright, trade mark or other exclusive right in or to the submitted name in favour of the entrant.

2.2 The entrant acknowledges that the same or a similar name may independently have been conceived of and/or submitted by other entrants and that no entrant will acquire any priority, exclusivity or ownership merely because that entrant submitted the name first or before another entrant.

2.3 To the extent permitted by applicable law, the entrant grants to Chery International (Pty) Ltd ("Chery") a perpetual, worldwide, royalty-free, irrevocable, transferable and sublicensable right and licence to use, reproduce, publish, communicate, display, modify, adapt, translate, commercialise, register, develop and otherwise exploit the submitted name for purposes connected with the Competition, the KP31 vehicle, Chery's products and services, and Chery's marketing, advertising, publicity and commercial activities.

2.4 Chery shall be entitled to use a submitted name regardless of whether the same or a similar name has been submitted by one or more other entrants.

2.5 An entrant shall not be entitled to any payment, royalty, licence fee, compensation or other consideration arising from Chery's use of a submitted name, except for the Prize expressly awarded in accordance with these Terms and Conditions.

2.6 The award of the Prize does not create or confer any additional intellectual property, ownership or proprietary rights in the winning name upon the winner, except to the extent that such rights cannot lawfully be excluded or are expressly granted to the winner in writing by Chery.

2.7 Chery reserves the right, in its sole discretion and subject to applicable law, to modify, adapt, combine, abbreviate or otherwise alter a submitted or winning name for branding, legal, regulatory, linguistic, commercial or trademark purposes.

2.8 The entrant warrants that, to the best of their knowledge, their submission does not knowingly infringe the intellectual property or other rights of any third party.

3. Amendment, Adjustment and Unforeseen Circumstances

3.1 The Promoter reserves the right, where reasonably necessary and subject to applicable law, to amend, vary, extend, suspend or cancel the Competition, or any aspect of the Competition, where circumstances arise that are beyond the Promoter's reasonable control or where such amendment is reasonably necessary to address unforeseen circumstances, technical issues, fraud, abuse, administrative errors, regulatory requirements, an unexpectedly high volume of entries, or any other circumstance that may materially affect the proper, fair or secure administration of the Competition.

3.2 Where an amendment materially affects the rights or obligations of entrants, the Promoter will communicate the amendment through the same or substantially similar channels through which the Competition was promoted, as soon as reasonably practicable.

3.3 No amendment will be made with the intention of unfairly prejudicing an entrant or conferring an unfair advantage on any particular entrant.

3.4 The Promoter may introduce reasonable administrative procedures necessary to implement these Terms and Conditions, including procedures for validating entries, identifying duplicate submissions, verifying eligibility and conducting any required draw.

3.5 The Promoter's implementation of such procedures will not create any additional ownership or proprietary rights for an entrant in respect of a submitted name.

4. Winning Name Clearance

4.1 Any name selected by the judging panel as a potential winning name will remain subject to verification and legal, trademark, linguistic and/or brand suitability checks by or on behalf of the Promoter.

4.2 The selection of a name by the judging panel does not guarantee that the name will ultimately be adopted, used, registered or commercialised by Chery.

4.3 If the selected name is reasonably determined by the Promoter to be unsuitable for use, incapable of registration, likely to infringe the rights of a third party, inconsistent with applicable law or regulation, or otherwise unsuitable for Chery's intended commercial or brand use, the Promoter may proceed to the next highest-ranked qualifying name or apply another objective selection process established under these Terms and Conditions.

4.4 The Promoter's determination under this clause will not create any ownership or proprietary right in the rejected name in favour of any entrant.