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YOUTHFLUENCER TERMS & CONDITIONS

YOUTHFLUENCER TERMS & CONDITIONS
This agreement forms the terms & conditions to participate in the Youthfluencer campaign by Toughees a brand that forms part of the BATA South Africa portfolio.  By participating in this competition, you agree to  or are deemed by such express participation to  have read and shall comply with the Terms and Conditions set out below.  A copy of the competition rules can be also be obtained by the participant sending an email to : tougheesza@bata.com 
Standard competition terms & conditions applicable to all competitions by BATA South Africa may be found on the group website.  

The Youthfluencer Competition (“Competition”) is run by Bata South Africa (Pty) Ltd Registration number: 1985/000219/07 and/or its agencies (“Organiser”).  All participants during the term of this Competition agree to be bound by the following terms and conditions:

1 . Introduction 

  • The Promoter is offering a Competition in terms of which the Participants can enter the Competition in order to win one of the Prizes. 
  • The promoter hereby imposes the following Competition Rules in terms of Section 36 of the Act. 
2. The Act
  • The Competition Rules contain certain terms and conditions which may:- 
  • Limit the risk or liability of the promoter, or any relevant third party; and/or 
  • Create risk or liability for the Participant; and/or 
  • Compel the Participant to indemnify the Promoter or a relevant third party; and/or

3. Competition Period:

  • The Competition will run from 13 December 2021 [00h00] to 13 February 2022  [23h59] (“the Competition Period”). Entries close on the 13 February  2022 [ 23h59], in the Republic of South Africa and Africa ( corresponding to Central African time].
  • The successful entrants will be contacted within the month of February 2022 via direct messaging on Tik Tok. 
  • The duration of the competition may be shortened or extended at the discretion of the Organiser which shall be brought to the attention of the participants within a reasonably period of time and the organiser may terminate the competition at any time. In such event, where the competition is cancelled or suspended, all participants to  agree to waive any rights that they may have in terms of the competition and acknowledge that no recourse against the organiser, their employees, agents, partners, suppliers. 
4. To be eligible to participate in this competition the participant must:
  • be a legal resident of the Republic of South Africa;
  • Be a natural person and not a juristic entity, which juristic entity includes but is not limited to a Business to Business (B2B) partner of the organiser, cross border partner or retail partner of the organiser. The entry must be completed in the participant’s name.
  • Be between the ages of 12 (twelve) to 18  (eighteen)
  • All minors will need parental permission to participate in the 3 day workshop and enter the competition which signed written consent shall be separately completed under the form headed “parental/Legal Guardian consent” and provided to the Organisers prior to entry into the competition by the minor
  • The participants in providing the correct and up to date personal details shall allow the organiser to process such information in terms of the POPI Act
5. Competition Entry:

To enter the competition, the participant is required to complete the following within the competition period.

  • Visit the Toughees website to understand the competition brief 
  • Upload content as per the brief via the various social media platforms Tik Tok, Facebook or Instagram. No other entry format/mechanism will be allowed
  • Utilise hashtag #Youthfluencer and tag @TougheesSA on all content.
  • Entrants must enter by completing the requirements of the brief.
  • Any prequalifying content may be asked to be supplied via email for semi-finals level. 
  • By entering the competition, the entrant agrees and/or is deemed to have read and to accept the standard data rates required for entry.  
Important considerations for participation in the Competition:
  • The Participant will be required to provide all the correct information. The organiser will not be held responsible for incorrect information supplied and a contestant not being contacted due to this. 
  • In the event that an uploaded text does not conform to the Organiser’s requirements, the Participant must consider their entry unsuccessful.
  • Participants are not required to make a purchase in order to enter and purchases of Toughees products will not contribute towards successful entries.
  •  By participating in the 3 day workshop having regard to ambit of the competition and the reward, the participant agrees to the  content form competition entries to l be recorded for marketing purposes, ie content will be repurposed by Bata and Toughees, unless that participant expressly declines and  has a right to decline  in writing to the organiser that the content is not be used for marketing purposes   
  • All participants will be required to fill out a disclaimer to participate in the 3 day workshop and competition mechanic in regard (4.iv)

  6. The Reward:

  1. Successful entrants will be contacted and informed that they have been chosen to be part of the Youthfluencer campaign. 
  2. The successful entrants’ entry will be published on Toughees Facebook and/or Instagram pages. 
  3. The various prizes for different age groups consists of: 
  • A contract for 3 months to create content for Toughees for 10 winners aged (12-14 )  
  • Lighting and sound kit and a personalised Portfolio influencer Toolkit 10 winners aged (15-17)
  • A Vega Course and a personalised Portfolio influencer Toolkit for 9 matriculants aged 17-18
  • Each prize is governed by the Terms and Conditions found herein.
  • The prize is not transferable and may not be substituted or exchanged for cash or any other item. 
  • Prizes are limited and will be awarded at the organiser’s discretion.
  • Judges decisions are final.
  •  A record of the personal details of the independent person , the details of the prizes and prize winners for purposes of compliance with Regulation 11 (6) of the Consumer Protection Act
7. General:
  1. In accordance with the confidentiality policies and practices of the organiser, none of the entry details of any participant in this competition will be disclosed or used by the organiser for any purposes other than for entry into the competition. Details of participants will only be used by the organiser for Youthfluencer related communications. 
  2. Information regarding the competition that is published on authorized advertising material will also form part of the Terms and Conditions of the competition.
  3. The organiser, may in its sole discretion amend these Terms and Conditions at any time, without notice and such amendments shall be deemed to have taken effect from the date of publication of the revised Terms and Conditions on the Organiser’s website 
  4. www.toughees.co.za The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.
  5. If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the organiser, including but not limited to technical difficulties, unauthorized intervention or fraud, the organiser reserves the right, at its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the competition as appropriate, subject to the approval of relevant regulatory authorities.
  6. Save as permitted by Law, the organiser reserves the right to cancel, suspend or terminate this competition, without notice at any time, and such cancellation, termination or termination shall be deemed to have taken effect from the date of publication on the organiser’s website toughees.co.za.
  7. No liability shall lie against the organiser or any of its suppliers in favour of any participant, winner(s) and/ or third party arising from such cancellation, suspension or termination. Therefore, the participant waives his/her right which they may have against the organiser and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the organiser.
  8. This competition is governed by these Terms and Conditions, as well as those of the relevant authorized participating partners.
  9. The organiser and its agencies reserve the right to correct any errors and omissions. These Terms and Conditions will supersede any errors or omissions on any publicly communicated documentation or marketing material.
  10. Any dispute or claim arising out of or in connection with the competition shall be governed by and construed in accordance with the laws of the Republic of South Africa.
  11. South African law shall govern these competition Terms and Conditions and the courts of South Africa shall have exclusive jurisdiction. 
  12. A copy of these terms and conditions may be obtained from www.toughees.co.za,or by calling the consumer line on 031 812 3600 (office hours 8.00am to 4.30 pm weekdays). 
  13. BATA SA is a Registered Trade Mark
  14. The Organiser accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the prize owing to, but not limited to, stock unavailability, strike, lock out, destruction of products or the Reward on route by any means, any civil commotion or disorder, riot, threat of war, any action taken by governmental authority or public authority of any kind, fire, explosion, storm, flood, earth quake or other acts of God.
  15. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
  • It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible;
  • It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect
  • Any fraudulent behaviour will result in an immediate cancellation of the Participant’s submission, and the Organiser reserves any rights in law to pursue appropriate compensation and/or institute criminal proceedings.  The Organiser accepts no responsibility for incomplete, lost, misdirected, illegible, late, or altered registrations or uploads.  Registrations or uploads that do not comply with these Terms and Conditions will be disqualified. The Organiser reserves the right to investigate any Participant’s actions regarding any aspect of the Reward and the redemption thereof.
  • Limitation of Liability:

To the extent permitted by Consumer Protection Act and any other applicable law:

  1. The Participant and/or winner(s) hereby indemnifies the Organiser against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the Participants entrance into the Competition.
  2. The Organiser excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud)
8. PROMOTIONAL OF ACCESS TO INFORMATION 

8.1 11 POPI 

8.1 The winner agrees to the use of his/her name and image in any publicity material including for marketing purposes the competition entries.

8.2 Any personal data relating to the winner or any other entrants will be used solely in accordance with current Consumer Protection Act (CPA) and the Protection of Personal Information Act (POPI) and will not be disclosed to a third party without the entrant’s prior consent. 

8.3 Entry into the Competition will be deemed as acceptance of these terms and conditions. 

8.4This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Tik tock, Instagram or any other Social Network. 

8.4 The Participant by partaking in the Competition consents to his/her personal information to be shared with the promoter’s employees, contractors or agents for the purpose of this competition and for the purpose of sharing future promotions.