WIN A LUXURY APARTMENT WITH RAWSON

COMPETITION RULES

Updated 2 September, 2024
  1. INTERPRETATION
    1. In these Competition Rules, unless the context clearly indicates a contrary intention, the following words will have the following meanings and cognate expressions will have corresponding meanings:-
      1. Act” means the Consumer Protection Act 68 of 2008;
      2. Business Day” means a day other than a Saturday or a Sunday or a day which from time to time is a proclaimed public holiday in the Republic of South Africa;
      3. Competition Rules” means the rules contained in this document, as required by Section 36(3)(c)(i) of the Act, a copy of which has been published on the Website;
      4. Development” means the development known as “The Landing on Pepper”;
      5. Participant” means any person who qualifies in terms of clause 4.1 and enters into the Promotional Competition;
      6. POPI” means the Protection of Personal Information Act, No 4 of 2013;
      7. Prize” means the immovable property described as Unit 311A in the Development, which unit is unfurnished and has been further detailed in clause 8 below;
      8. Promoter” means the Rawson Property Group;
      9. Promotional Competition” means the competition as run by the Promoter during the Promotional Period, titled “Win a Luxury Apartment with the Rawson Property Group worth R2 million”;
      10. Promotional Period” means 1 September 2024 to 31 August 2025 (both days inclusive);
      11. Rawson Property Group” means collectively, Rawson Residential Franchises Proprietary Limited, Tamboti Trading 22 Proprietary Limited and their respective property practitioners;
      12. Redeemable Period” means the period that Participants have to redeem their Prize being 5 December 2025 to 8 December 2025 (both days inclusive);
      13. Related Person” shall bear the meaning ascribed to that term in section 1 of the Companies Act, 71 of 2008;
      14. Website” means https://rawson.co.za;
      15. Winner” means the Participant who is successful in the Promotional Competition and notified as such by the Promoter in terms of clause 6
  2. INTRODUCTION
    1. The Promoter is offering the Promotional Competition to Participants, who may enter the Promotional Competition in order to win the Prize.
    2. The Promoter hereby imposes the following Competition Rules in terms of Section 36 of the Act, which Competition Rules, by entering into the Promotional Completion are hereby accepted by Participation.
  3. THE ACT
    1. The Competition Rules contain certain terms and conditions which may:
      1. limit the risk and/or liability of the Promoter or any relevant third party; and/or
      2. create risk and/or liability for the Participant; and/or
      3. compel the Participant to indemnify the Promoter or a relevant third party; and/or
      4. serve as an acknowledgement, by the Participant, of certain facts.
  4. THE PARTICIPANT
    1. The Participant can be any person (natural or juristic) who/which has, during the Competition Period, concluded a legally valid agreement of sale for immovable property (including vacant land, freehold property, sectional title units, commercial, residential, and agricultural properties) exclusively using the services of a franchisee of the Rawson Property Group (excluding Rawson Mauritius Limited trading as Rawson Properties Mauritius and RM-Africa Property Consultants Proprietary Limited trading as Rawson Properties Harare) (the “Sale Agreement”), provided that:
      1. the first signature on the Sale Agreement is dated no earlier than 1 September 2024, and the last signature on the Sale Agreement is dated no later than 31 August 2025;
      2. the immovable property sold in terms of the Sale Agreement is located exclusively within the borders of the Republic of South Africa and within an area where the Rawson Property Group operates its business; and
      3. the eligibility of the person has not been excluded in terms of clauses 4.2, 4.3 or 4.5 below.
    2. For the avoidance of doubt, where a Sale Agreement has been concluded using the joint services of Rawson Property Group and a competing estate agency, such that Rawson Property Group was not the exclusive effective cause of the Sale Agreement, such circumstances shall not constitute “exclusively using the services of a franchisee or entity of the Rawson Property Group” as provided in clause 4.1:
    3. The following persons are expressly excluded from entry into and/or participating in the Promotional Competition:
      1. any director, member, partner, employee or agent of, or consultant to the Promoter and/or any other person who directly or indirectly controls or is controlled by, the Promoter;
      2. any supplier(s) of goods or services in connection with this Promotional Competition;
      3. any Related Person to any of the persons specified in clauses 4.3.1 and 4.3.2 above;
      4. any seller in respect of the following Sale Agreements:
        1. a Sale Agreement concluded pursuant to a bank mandate (i.e. where the bank allocates distressed immovable properties to a panel of estate agents, attorneys, or any other persons mandated to sell the property);
        2. a Sale Agreement in respect of immovable property forming part of a liquidated, sequestrated or insolvent estate, or any other insolvency procedure in terms of the Insolvency Act 24 of 1936, or any similar procedure which would apply had the property owner been a natural person, including business rescue in the case of a juristic person, or any similar insolvency legislation applicable in the jurisdiction of the Participant;
        3. a Sale Agreement in terms of which the immovable property concerned is owned by the bank or any other financial institution;
        4. a Sale Agreement in terms of which the immovable property is encumbered in any way that would make the transfer of the property impossible without a court order and/or limiting the legal capacity of seller from freely and validly transferring the property in the relevant Deeds Office;
        5. a Sale Agreement in terms of which the seller is a deceased estate; and
        6. a Sale Agreement in terms of which Rawson Developers are the sellers.
    4. For the avoidance of doubt the purchasers in respect of the Sale Agreements contemplated in clause 4.3.4 above, are eligible for entry into and/or participation in the Promotional Competition.
    5. In the event that a Sale Agreement lapses or is cancelled for any reason whatsoever prior to registration of transfer of the immovable property concerned in the respective Deeds Office, the entry of the respective Participants concerned therewith, shall automatically be withdrawn from participation in the Promotional Competition.
    6. The Participant, by entering into the Promotional Competition, expressly acknowledges that he/she/it has been given an appropriate opportunity to first read the Competition Rules before entering the Promotional Competition and that he/she/it understands and thereby agrees to the Competition Rules.
    7. It is a material term of the Promotional Competition that all Participants to this Promotional Competition participate entirely at their own risk, fully undertaking all the terms and conditions herein.
  5. HOW TO ENTER
    1. Subject at all times to clause 4 above, upon conclusion of the Sale Agreement, the names of the Participants will automatically be entered into the Promotional Competition by the Promoters.
  6. SELECTION OF THE WINNER
    1. The lucky draw will take place on 5 December 2025 (the “Draw Date”) and the Winner will be announced on 12 December 2025.
    2. The selection process will, take the form of a two-phase draw as follows:
      1. in the first phase, the descriptions of the properties sold in terms of the Sale Agreements will be entered into a draw, and the Promoter or its nominee will select a single property description at random (the “Selected Sale Agreement”); and
      2. in the second phase, the words “seller” and “purchaser” will be entered into a draw, and the Promoter or its nominee will select one of the “seller” or the “purchaser” at random (the “Randomly Selected Participant(s)”).
    3. To the extent that the seller(s) or the purchaser(s) (as the case may be) of the Randomly Selected Sale Agreement was excluded in terms of clause 4 above, then the other party will automatically be deemed to be the Selected Participant, without the need for a second phase draw.
    4. For the avoidance of doubt, to the extent that there were multiple sellers and/or purchasers involved in the Randomly Selected Sale Agreement, the Selected Participant(s) shall be all of the sellers or purchasers (as the case may be), jointly, to the Randomly Selected Sale Agreement.
    5. Following the draw, the Selected Participant(s) will be contacted telephonically by the Promoter and asked to provide the Promoter with a certified copy of their valid South African identity document, passport, permanent residency permit or constitutional documents (as the case may be) within the Redeemable Period. Upon satisfying the Promoters of his/her/its identity by submitting the required documents the Selected Participant(s), will be declared the winner(s) by the Promoter (the “Winner(s)”). The validity of such documentation is at the discretion of the Promoter.
    6. It is expressly recorded that in order to qualify to win the Prize, registration of transfer of the immovable property concerned in the Sale Agreement must have occurred or will occur in the Deeds Office concerned. In this regard, to the extent that the Selected Participant(s) was entered into the Promotional Competition by virtue of Sale Agreements in respect of which transfer of the immovable property concerned has not yet registered in the Deeds Office prior to the Draw Date, such Selected Participant will be announced as the Winner, subject to registration of transfer of the immovable property at the Deeds Office.
    7. In the event that the Selected Participant(s):
      1. fail to provide the Promoter with a certified copy of their valid South African ID, passport, permanent residency permit or constitutional documents (as the case may be) within the Redeemable Period; or
      2. was/were entered into the Promotional Competition by virtue of a Sale Agreement in respect of which transfer of the immovable property concerned has not been registered prior to 5 December 2025 and subsequently is not registered in the Deed Office for any reason whatsoever,

    (in each case a “Disqualifying Event”), then such Selected Participant shall be deemed to have forfeited the Prize. In the circumstances, a new draw for a new winner will take place, on the same terms and conditions of the initial draw. Such new draw shall take place within 48 hours of the Disqualifying Event or as soon as reasonably possible thereafter.

  7. CONDITIONS ATTACHING TO ACCEPTANCE OF THE PRIZE
    1. The Winner(s) agree to timeously supply all documentation required by the transferring attorneys to process the transfer of the Prize into the name of the Winner(s) in the Cape Town Deeds Office within the timelines provided by the transferring attorney.
    2. By participating in the Promotional Competition, the Winner hereby accepts and agrees that the Winner may be asked to take part in further publicity relating to the Promotional Competition, the Promoter may incorporate the Winner in publicity campaigns or allow his/her/its/their names and likenesses to be used by the Promoter for promotional purposes aligned with the Promoter’s business.
    3. The Winner(s) acknowledges that ownership of the Prize is subject to the provisions of the Sectional Titles Act (95 of 1986) and the applicable regulations (“Sectional Title Legislation”). Accordingly, upon taking transfer of the Prize, the Winner(s) shall:
      1. be liable for all costs applicable to the owners of units in the Development, which costs include, but are not limited to levy payments, rates, taxes and any such other costs required by any applicable South African legislation;
      2. be subject to the provisions of the Sectional Title Legislation and any Body Corporate and/or Development Rules which may be imposed from time to time; and
      3. confirm, in writing, that he/she/it is aware of, and undertakes to fulfil, his/her/its obligations in respect of ownership of the Prize (being a sectional title property) in accordance with the Sectional Title Legislation and the applicable law in South Africa;
    4. The Winner(s) further acknowledges and agrees that should he/she/it wish to sell the Prize, at any time subsequent to taking transfer thereof, the Prize must be sold using the exclusive services of a Rawson Property Group Franchise.
  8. THE PRIZE
    1. The Development is still under construction, and accordingly, the Prize (Unit 311A of the Development) will only be available for transfer into the name of the Winner following the completion of the construction. It is estimated that transfer will take place on or about September 2026, or such later date as may be confirmed in writing by the Promoters to the Winner.
    2. Ownership of the Prize will vest in the Winner(s) on the successful registration of the property in the Cape Town Deeds Office. The Winner shall not be entitled to take occupation of the unit prior to registration.
    3. The Promoters shall be responsible for the costs related to the transfer of the Prize into the name of the Winner(s), excluding any costs related to any mortgage bond, which the Winner(s) may wish to register over the Prize. For the avoidance of doubt should the Winner decide to register a mortgage bond over the Prize (for whatever reason), the cost of such bond registration will be for the Winner’s own account.
    4. Subject to a further municipal valuation to be conducted prior to September 2026, the current market value of the Prize is R1,840,000.00. Notwithstanding the above, the value of the Prize on registration of transfer into the name of the Winner(s) is estimated to be in excess of R2,000,000.00, however, the Promoter does not provide any assurances and/or guarantees in respect of such estimated value, it being acknowledged by the Participant that such estimated value may increase or decrease.
    5. All images used in the marketing of the competition (including the Development brochure) are depictions and artist renditions of the Prize, used solely for marketing purposes, and do not include an undertaking by the Promoters to deliver such renditions or depictions as promoted in the marketing.
    6. The Winner(s) shall not be entitled to sell or transfer the Prize to a third party prior to registration of transfer of the Prize into the name of the Winner(s) in the Cape Town Deeds Office.
  9. THE RULES
  10. The following rules apply to the Promotional Competition:

    1. the Participants must provide correct and up-to-date personal details as required by the Promoter and allow the Promoter to process such information in terms of POPI;
    2. the Promoter reserves the right to amend these Competition Rules by bringing it to the Participants’ attention within a reasonable period of time and may terminate the Promotional Competition at any time and for any reasons whatsoever prior to selection of the Winners in accordance with clause 6 and shall not under such circumstances be liable to Participants in respect of any costs or charges incurred by it; and
    3. the Prize is non-transferable, non-refundable, non-exchangeable and cannot be redeemed for cash.
  11. INDEMNIFICATION
  12. By entering into the Promotional Competition and reading the Competition Rules, the Participant expressly agrees to the following indemnifications:

    1. the Participant indemnifies and holds harmless the Promoter, their employees and their agents (“the Indemnified Parties”) from any and all liability pertaining to any damage, cost, injuries and losses of whatsoever nature and howsoever arising as a result of their participation in the Promotional Competition and related events and activities, including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy; and
    2. the Participant accepts that the Indemnified Parties will not be responsible for any costs, damage or otherwise, howsoever incurred by the Winner and his or her partner subsequent to their winning of the Prize or for the Winner’s inability for whatsoever reason to collect, redeem or utilise the Prize.