BARIZI IN ZANZIBAR WITH OAKLANDS
By entering this promotion, Participants will be deemed to have read, understood and accepted these general terms and conditions (the “Terms”) and shall be bound by them together with any other promotional material.
General Terms and Conditions
- In the Terms (including the Schedule hereto) except where otherwise expressly indicated or the context otherwise requires the following words and expressions shall have the following meanings:
- Agreement for Sale means a sale agreement executed between a Participant and the Promoter in respect of the Property;
- Booking Form means a property purchase reservation form issued by the Promoter in respect of the Property;
- Campaign means the ‘Barizi in Zanzibar with Oaklands’ run by the Promoter during the Campaign Period;
- Campaign Period means the period running from 1st April 2023 at 0000 hours (Kenyan time) to 30th April 2023 at 2359 hours (Kenyan Time);
- Oaklands means properties known as Land Reference Number 32009/4, Land Reference Number 32009/7, Land Reference Number 32009/14, Land Reference Number 11294/4 and Land Reference Number 11294/18, Land Reference Number 11294/16 all situate in Kiambu County in the Republic of Kenya all registered in the name of the Promoter;
- Participant means an individual registered for this Campaign as per clause 17 of these Terms and its plural form shall be construed accordingly;
- Prize means a trip for two (2) from Kenya to Zanzibar for a vacation lasting three days and two nights starting from the Trip Date fully sponsored by the Promoter;
- Promoter means Oaklands Properties Kenya Limited;
- Property means a piece of land purchased in Oaklands by the Participant during the Campaign Period;
- Terms means the general terms and conditions of the Campaign;
- Trip Date means the date on which the Winner and one other version Kenya for Zanzibar;
- Trip Period means three days and two nights starting from the Trip Date; and
- Winner means the Participant who wins the Prize.
- The Campaign is being run by the Promoter.
- These Terms of the Campaign apply to the legal relationship between the Promoter and the Participant. By participating in the Campaign, Participants agree to be bound by the Terms and all decisions by the Promoter.
- The laws of Kenya shall govern the Campaign and these Terms. All disputes arising in connection with the Campaign and these Terms, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Kenya and by participating in the Campaign the Participants hereby submit to the exclusive jurisdiction of the courts of Kenya. However, it shall be the sole responsibility and obligation of each Participant to ensure that he/she complies and does not contravene any laws to which he/she may be personally subjected to.
- Failure by the Promoter to enforce any of these Terms in any instance(s) will not give rise to any claim by any other person.
- To participate in the Campaign, Participants will need to provide their personal details for prize fulfilment purposes, as well as marketing and promotional purposes in connection with this Campaign. All Participants must ensure the details provided are true, accurate, current and complete. The Promoter reserves the right to verify and/or reject the eligibility of all Participants.
- The Campaign will be held during the Campaign Period as set out in this Terms. The Promoter reserves the right to vary, postpone or re-schedule the dates of the Campaign or extend the Campaign Period at its sole discretion.
- The Promoter shall have the right, at its sole discretion, at any time and without prior notification, to change or discontinue any aspect of the Campaign and to change, amend, delete or modify the Terms and other rules and regulations including the mechanism of the Campaign, or any part thereof. Such changes shall be effective immediately upon posting of the modified Terms on the relevant website page https://oaklands.ke/barizi-in-zanzibar/. If a Participant does not agree to abide by these or any amended or modified Terms, he/she will not be permitted entry into the Campaign or to continue to participating in the Campaign. Participants are advised to revisit the “Barizi in Zanzibar” website page https://oaklands.ke/barizi-in-zanzibar/ on a regular basis and frequently read the Terms in the event of any changes. The continued participation by the Participant in the Campaign indicates the Participant’s full acceptance of the amended and modified Terms.
- The Promoter may terminate or suspend the Campaign at any time at its absolute discretion in which case, the Promoter may elect not to award any prize. Such termination or suspension will not give rise to any claim by a Participant. If the Campaign is resumed by the Promoter, a Participant shall abide by the Promoter’s decision regarding recommencement of the Campaign and the assignment of the Prizes.
- Any dispute or situation not covered by these Terms will be resolved by the management of the Promoter in a manner it reasonably deems to be fairest to all concerned. That decision shall be final and binding on all Participants. No correspondence will be entertained.
- If these Terms are translated into a language other than English, the English version of the Terms shall prevail in the event of any inconsistency.
- Prior to claiming the applicable Prize, the participant shall have signed the Agreement for Sale and shall have paid the full purchase price for the relevant Property.
- This gives the Promoter consent to take photographs and video recordings of the participant (the “Media”) and the Promoter shall reserve the right to use the Media in perpetuity.
- If a participant varies the payment terms of the initial Letter of offer signed between the Participant and the Promoter, the Participant shall be automatically be disqualified from the Campaign.
- The Campaign is open ONLY to:
- Individual persons who have attained the age of 18 years and over (as at the date of participation) in the Campaign - proof of age will be required;
- Individual persons who are lawfully permitted to purchase real property in the Republic of Kenya;
- Corporate bodies or organisations duly incorporated /registered in the Republic of Kenya; and
- no syndicates or groups will be allowed to participate.
- Participants will participate in the Campaign during the Campaign Period. Entries received after the Campaign Period shall automatically be disqualified and ineligible for consideration for the Prize.
- To participate in the Campaign, the Participant must comply with the steps set out below. By participating in the Campaign and/ or redeeming the Prize in accordance with the steps set out below, the Participant agrees to be bound by these Terms.
- Complete and submit the Participant’s details at https://oaklands.ke/barizi-in-zanzibar/ and agree to the Terms;
- Complete and sign the Booking Form; and
- Each participation must be completed with the Participant’s full name (as stated on his/her Kenyan national identity card or passport if non-Kenyan), contact number and email address.
- Each Participant is only entitled for one entry during the Campaign Period. The Promoter reserves the rights to reject any entry that is not submitted in the required manner as indicated above including, but not limited to, entries with incorrect or incomplete information, duplicated, defective or invalid entry and will automatically be disqualified from the Campaign without notice. The Promoter does not charge for entries submitted by the Participants.
- The Participants must adhere to the mechanism of the Campaign as may be notified or communicated by the Promoter during the Campaign Period.
Winning the Prize
- In order for the Participant to win the Prize, the Participant must be among the first three Participants to pay ten per cent (10%) of the purchase price for the Property starting from 1st April 2023 and must complete payment of the full Purchase Price by 30th April 2023.
- The Prize is available to be redeemed within a period for sixty (60) calendar days from date of payment of full purchase price for the Property or such other time period as may be stipulated by or agreed with the Promoter (“Redemption Period”).
- The Promoter reserves the rights to substitute the Prize with another prize of equivalent value at any time during the Campaign without prior notice.
- For Winners, an email with additional details will be sent to the Participant’s email.
- The Winner must give the Promoter fourteen (14) calendars days’ notice prior to the Trip Date in order for the Promoter to make proper arrangements for the Prize.
Other Terms of the Campaign
- The Promoter shall engage a travel agency of its choice to facilitate the redemption of the Prize and such travel agency shall be responsible for the following:
- Booking the flight tickets;
- Making hotel reservations; and
- Managing vacation both in Kenya and Zanzibar.
- During the Trip Period, the Winner and the other person of their choice shall stay at either Paradise Beach Hotel or Reef & Beach Resort both situated in Zanzibar or such other hotel and/or resort as shall be solely determined by the Promoter. The hotel stay will be on full board basis.
- Any delay or failure by the Promoter to permit redemption of the Prize by the Winner shall be excused if it is caused by a Force Majeure event. “Force Majeure” events include: acts of God, fires, floods, pandemics, endemics, explosions, riots, wars, hurricanes, sabotage, terrorism, vandalism, accidents, restraints by governments, injunctions, labour strikes and such other events which are beyond the anticipation of the Promoter.
- The Prize can only be claimed by the Participant who won the Prize.
- The Promoter accepts no responsibility or liability for any injury, death, or damage to personal belongings during the trip to Zanzibar. The Winner shall arrange for their travel insurance and any other insurance policies that may be required.
- If the Winner wishes to extent the Trip Period, they winner shall bear the costs attendant to such extension.