CHAGUO NI TATU CAMPAIGN (THE “CAMPAIGN”)

By entering this promotion, entrants will be deemed to have read, understood and accepted these Terms and Conditions (the “Terms of Campaign”) and shall be bound by them together with any other promotional material.

General Terms and Conditions

1. 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:
   1. Agreement for Sale means a sale agreement executed between a Participant and the Promoter in respect of the Property;
   2. Campaign means the ‘Chaguo Ni Tatu Campaign’ run by the Promoter during the Campaign Period;
   3. Campaign Period means the period running from 28^th April 2023 to 28^th July 2023 at 11:59 PM Kenyan Time;
   4. Letter of Offer means a letter of offer duly executed between a Participant and the Promoter in respect of the Property;
   5. Oaklands means property known as Land Reference Number 32009/4
   6. Participant means an individual registered for this Campaign as per clause 18 of these Terms and its plural form shall be construed accordingly;
   7. Plot means a piece of land measuring five hundred square meters (500m²) in Oaklands;
   8. Prize means either a second-hand motor vehicle, the Plot, legal fees payable for the transfer of the Property and service charge credit in respect of the purchased Property and its plural form shall be construed accordingly;
   9. Promoter means Tatu City Limited;
   10. Properties means plot numbers R423, R388, D202, D185, D224, D178, D217, D214 whose measurements are particularised at Schedule 1 hereto all situated in in the Meadows area of Kijani Ridge within Reference Number 28867/1 and its singular form shall be construed accordingly; and
   11. Terms means the general terms and conditions of the Campaign.
2. The Campaign is being run by the Promoter.
3. These Terms of the Campaign apply to the legal relationship between the Promoter and a Participant in the Campaign. By participating in the Campaign, Participants agree to be bound by the Terms and all decision by the Promoter.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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://www.tatucity.com/chaguo-ni-tatu-campaign/.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 “Chaguo Ni Tatu Campaign” website page at https://www.tatucity.com/chaguo-ni-tatu-campaign/ 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. The participant shall have the option of claiming cash prize instead of the Prize which cash prize shall be applied as discount on the purchase price of the Property purchased by the participant. Any such cash prize shall be solely determined by the Promoter.
14. 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.
15. 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.

Participation

16. The Campaign is open ONLY to:
    1. 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;
    2. Individual persons who are lawfully permitted to purchase real property in the Republic of Kenya;
    3. Corporate bodies or organisations duly incorporated /registered in the Republic of Kenya; and
    4. no syndicates or groups will be allowed to participate.
17. Participants can participate in the Campaign during the Campaign Period. Entries received after the Campaign Period shall automatically be disqualified and ineligible for consideration for Prizes.

Campaign Mechanics

18. To participate in the Campaign, participants 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.
    1. Complete and submit the participant’s details at https://www.tatucity.com/chaguo-ni-tatu-campaign/ and agree to the Terms;
    2. Complete and sign a booking form in respect of any of the Properties.
    3. 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.
19. 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.
20. The Participants must adhere to the mechanism of the Campaign as may be notified or communicated by the Promoter during the Campaign Period.

Campaign Prizes

21. The Prizes shall vary depending on the size of Property purchased by a Participant and payment plan. The particulars of the Prizes are stipulated at Schedule 1.
22. All Prizes won are available to be redeemed within a period for thirty (30) 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”).
23. The Promoter reserves the rights to substitute any one of the Prizes with items of equivalent value at any time without prior notice.
24. For prize winners, an email with additional details will be sent to the Participant’s email.

Other Terms of the Campaign

Motor vehicle Prize terms

25. The particulars of the motor vehicle Prize shall be determined by the Promoter.
26. The image of the vehicle in all artwork or marketing material may be different to the final prize.
27. Any delay or failure by the Promoter to give the Prize to the winner shall be excused if it is caused by a Force Majeure event. “Force Majeure” events include: acts of God, fires, floods, pandemics, 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;
28. The Prizes can only be claimed by the Participant who purchased the Property.
29. The Participant who wins a motor vehicle Prize in this Campaign will be solely responsible for obtaining car insurance, inspection, and any other cost associated with the transfer of the motor vehicle to the Participant.
30. The Promoter accepts no responsibility or liability for the vehicle after collection.
31. The winner of the motor vehicle prize shall accept the fit-out and finish of the Prize as provided by the Promoter without any recourse to the Promoter.

Plot Prize terms

32. The location of the Plot is to be determined by the promoter.
33. The winner is to accept the Plot as it is to be presented by the promoter.
34. All legal costs, stamp duty, and other costs associated with transferring the Plot from Oaklands Properties Kenya Limited to their preferred name will be borne by the winner.
35. All costs associated with the transfer of the Plot to the winner such as legal fees, registration costs stamp duty and any other applicable charges shall be paid by the winner.
36. The winner will use the selected Promoter’s lawyer to transfer the Plot.
37. The Promoter’s lawyer shall be instructed to prepare the legal documents once the promoter confirms that full purchase price has been received and the sale agreement has been signed by the Participant.
38. If the title document to Plot won by a Participant is yet to be processed by the relevant government authority, the winner accepts to wait for the Promoter to process the title.

Legal fees credit Prize terms

39. The Promoter agrees to pay the legal fees chargeable by the Promoter’s lawyers on the transfer of the Plot in favour of the winner subject to the cap indicated at Schedule 1 hereto.

Service charge credit Prize terms

40. The Promoter will issue the winner a service charge credit as particularised under Schedule 1 hereto.
41. The service charge credit is applicable upon lease registration in respect of the Plot won by the Participant.
42. The service charge credit will be equivalent to the cash value and not the period as may be stipulated in Schedule 1 or any marketing material.

Schedule 1