Merch Competition T&C's

Ennio Mathews Hamutenya





1. Information on how to enter forms part of the terms and conditions of entry. Entry into the competition is deemed acceptance of these terms and conditions. Headings in this document are included for ease of reference, and do not affect interpretation in any way.

2. The promoter is Ennio Hamutenya, Address: 23 Joey Street, Ludwigsdorf, Windhoek, Namibia (telephone number during office hours: 061 – 25 6698) (Promoter).



3. References to time in this document are references to local time in Namibian time on the date stated. The competition commences at 00.01am on 5 September 2019 and closes at 23:59pm on 5 October 2019 (Competition Period).


Eligibility to enter

4. Entry is open only to Namibian residents aged 16 years and over (Eligible Entrants), excluding directors, management, employees and their immediate families of the Promoter. Eligible Entrants who are minors/not of age will require parental assistance and additional parental authorisation and indemnification will be required at the discretion of the Promoter.


Entry into the competition

5. To enter, Eligible Entrants must during the Competition Period purchase an item or merx of the “Make Namibia Known 2020” collection under the brand EMH during the Competition Period - 5 September 2019 and 5 October 2019 (Eligible Purchase) - at the following venues: News Café Outlet in the Grove Mall/Grove Mall or the Pop Up Shop at the Pop Up Windhoek Pop Up Festival, and fill in the competition entry form available at those venues to enter.

6. The Promoter is not responsible for any lost, late or misdirected entries.

7. Multiple entries are permitted, however only one entry is permitted per Eligible Entrant on the Eligible Purchase.

8. The time of entry will be deemed to be the time the entry is received by the Promoter.

9. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.


Drawing of entries

10. The draw will take place after the end of the Competition Period on 5 October 2019 at the Windhoek Pop Up Festival. The draw will be conducted by the Promoter (Drawer).

11. The result of the draw is final and no correspondence will be entered into.


The prize

12. There will be five prizes.

13. Each prize includes the following for one person.

a) Return economy flights from Windhoek to Los Angeles

b) 5 nights’ accommodation

c) Payment of visa application fees

d) Two meals per day

e) A lunch meet and greet with the Promoter and Founder of the EMH brand

14. The Promoter reserves the right to decide in his sole discretion whether prize winners will collectively, solo or be split up in smaller groups when taking up the prizes and travelling to Los Angeles.

15. The prize includes VAT and taxes included in the price of the flight ticket. Unless otherwise stated, the prize does not include travel insurance, passports, 3rd and other meals, taxes not included in the price of the ticket, ground transportation, flights, accommodation or any other costs of a personal nature. Compliance with any health or other government requirements is the responsibility of the prize-winners. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination.

16. The timing of the prize travel and accommodation is at the discretion of the Promoter after consulting with the prize winners. Prizes will be allocated within a period of not later than six months after the Draw.

17. There can be no changes to travel arrangements once tickets have been issued or accommodation bookings once the reservation is confirmed.

18. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A prize cannot be transferred to any other person, unless agreed to by the Promoter. It is a condition of accepting a prize that the winner accepts the conditions of use of that prize.

19. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.


Notification of the winner

20. The winners will be announces at the Pop Up Festival and will also be notified by email by within 2 business days after the Draw.


Right of the Promoter to redraw

21. The Promoter reserves the right to redraw in the event of an entrant being unable to satisfy these competition terms and conditions or forfeiting or not claiming a prize.

22. Any prize that remains unclaimed at 23.59pm 14 October 2019, shall be forfeited.


Limitation of liability and variation of terms

23. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations. The Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this competition.

24. The Promoter, its related bodies corporate and their respective officers, employees, contractors and agents (Competition Parties) will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this competition, the promotion of this competition or the use of any prize, including but not limited to any breach of these terms and conditions, contract or delict (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Competition Parties.

25. The exclusion of liability in clause 24 does not apply to limit or exclude liability: a) for personal injury or death suffered or sustained in connection with the supply of goods or services which are supplied by the Promoter in the ordinary course of business. To remove doubt: third party goods or services, which other than in connection with this competition, are in the normal course of business supplied by a third party unrelated to the Competition Parties, are not supplied by the Promoter in the ordinary course of business; and the Promoter’s Conditions apply despite any statement to the contrary in these terms and conditions; or b) to the extent it is not permissible at law to limit or exclude liability in the manner contemplated in that clause (in which case that liability is limited to the maximum extent allowable by law).


Entry details and privacy

26. Entry details remain the property of the Promoter. The name and photograph of the winner may be used for promotional purposes by the Promoter, unless the winner otherwise notifies the Promoter at the time of accepting the prize. Entrants consent to the Promoter using personal information provided in connection with this competition for the purposes of facilitating the conduct of the competition and awarding any prizes (including to third parties involved in the competition and any applicable statutory authorities) and to conduct marketing activities.


Tax Implications

27. The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Independent financial advice should be sought.