COMPETITIONS TERMS & CONDITIONS

To be eligible to participate in this competition, the participant must:

1. Be a legal resident of the Republic of South Africa.
2. Be a natural person and not 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.
3. 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.
4. In the event that an uploaded text does not conform to the organiser’s requirements, the participants must consider their entry unsuccessful.
5. Entrants will not receive any payment for taking part in the competition or taking part in any media format related to it.
6. You may not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it.
7. Entrants under the age of 18 must obtain permission from their parents or guardians before entering.

The competition is not open to:

1. directors, members, partners, agents, employees, or consultants of the BATA SOUTH AFRICA Group of companies / brands or any supplier of goods or services in connection with a competition; and
2. the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in above.

1. If you use a mobile phone for entry into the competition, the telephone calls/text messages you make will be charged at the prevailing rates, which may vary from time to time. "Free" minutes under a cell-phone contract do not apply. Entries may be submitted in a written, audio or drawing format.
2. It is your responsibility to ensure that your entry is received by us prior to the closure of the competition.
3. Any entries which are not received by us prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry.
4. We and our affiliates are not responsible for any entries which are not received by us, whether timeously or at all, regardless of the cause thereof.
5. Without limitation, we and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
6. We and our affiliates are not responsible for any injury or damage to your or any other person’s computer, mobile telephone or other device used by you to enter or obtain any materials related to the competition.
7. It is your responsibility to ensure that any information which you provide to us is accurate, complete, and up to date.
8. Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. Toughees South Africa will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize.
9. We do not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that your entry or participation in the competition will necessarily result in you winning a prize; a prize, or any aspect thereof, will meet your, or, if applicable, your partner’s, requirements, preferences, standards or expectations; or a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
10. We and our affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.

6. Winner Selection and Reward:

1. Prizes are not transferable and may not be deferred, changed, or exchanged for cash or any other item or size.
2. You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions are responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities.
3. The winners will be notified by means of the contact details provided to us. If we are, or a third-party supplier is, unable to contact a winner within 3 working days or if the winner is unable to collect the prize within a reasonable time, the winner will forfeit the prize and Toughees South Africa reserves the right to re-draw a new winner under the same conditions.
4. We may invite you to be present when the prize winners are determined or announced, to participate in any of our marketing activities, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of our goods or services, for which no fee, royalty or other compensation will be payable. You may decline such an invitation.
5. We may publish names of the participants and winners on any of our communication platforms.
6. We may require you to provide us with such additional information and documentation as we may reasonably require processing, confirming, and facilitating your acceptance and/or use of a prize. If you refuse to provide us with the requested information or documentation, you will forfeit the prize.
7. All correspondence regarding the prize must be directed at the supplier of the prize. Toughees South Africa will not be responsible for any further correspondence, harm, damage, loss, or claim relating to the provision of any element of the prize.
8. We and our third-party suppliers reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests, and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us, our affiliates and third-party suppliers.
9. You agree that your participation in the competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk. We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
10. In the event of your death, your family, dependents, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether

7. General:

1. For purposes hereof, "affiliate" means our partners, co-promoters and sponsors of this competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents, and representatives.
2. These terms and conditions will be construed, interpreted, and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa.
3. The winners will be notified by means of the contact details provided to us. If we are, or a third-party supplier is, unable to contact a winner within 3 days or if the winner is unable to collect the prize within 10 days, the winner will forfeit the prize and BATA reserves the right to choose another winner.
4. Should the competition be run on a social media platform such as Instagram or Facebook, then the following rules will apply:
   • The entrant releases the social media platform from any liability in any respect.
   • Entrants may not inaccurately tag content, and such inaccurate tagging shall result in disqualification.
   • The entrants and Toughees South Africa acknowledge that the competition is in no way sponsored, endorsed, or administered by, or associated with, the social media platform.
   • The entrants and Toughees South Africa acknowledge that they use the social media platform at their own risk.
   • The entrant may not use multiple accounts, and anyone found to use multiple accounts to enter will be disqualified.
5. By entering, entrants agree to comply with the policies and rules set by that social media platform:
   • Facebook: https://m.facebook.com/terms/
   • Instagram: https://help.instagram.com/581066165581870/?helpref=uf_share
6. A copy of these terms and conditions may be obtained from www.toughees.co.za, by emailing us at tougheesza@bata.com, or by calling the consumer line on 031 812 3600 (office hours 8.00am to 4.30 pm weekdays).
7. BATA SA is a Registered Trademark.

8. Data Privacy/Security:

1. BATA and the competition sponsor(s) will be considered co-responsible parties (co-controllers) in terms of POPIA. Personal Information will not be shared with any third party and will only be used to fulfill requirements of the competition and marketing by both parties, subject to your data subject rights as set out in our Privacy Notice on our website.
2. Information will only be kept as stated in the Privacy Notice (for BATA), visit the sponsor’s website for more information regarding their information practices. To opt-out from additional information, use the webform available on the Privacy Notice.
3. If you use a mobile phone or any other personal device for entry into the competition, the telephone calls / text messages / data you use will be charged at the prevailing rates, which may vary from time to time. "Free" minutes under a cell-phone contract do not apply.
4. We and our affiliates are not responsible for any injury or damage to your or any other person’s computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the competition.
5. It is your responsibility to ensure that any information which you provide to us is accurate, complete, and up to date. Should any of the data provided by yourself in connection with this Competition, or any of BATA’s other Promotional Competitions, prove to be invalid, inaccurate, false, or misleading, your entry shall be disregarded, and you shall be prohibited from entering any further BATA Promotional Competitions for a set period to be determined by BATA.
6. Information regarding the competition that is published on authorized advertising material will also form part of the Terms and Conditions of the competition.
7. Winners will be required to complete a “Notification to Data Subject and Consent When Collecting Personal Information In Terms Of Section 18 of POPIA” form upon being selected.

9. Limitation of Liability:

1. To the extent permitted by Consumer Protection Act and any other applicable law:
   • 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.
   • We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
   • You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you of a prize.
2. You acknowledge that the acceptance and use of a prize is subject to the provision that –
   • All of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith.
   • You will take full responsibility for your partner.
   • You indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner suffers any loss or damage pursuant to your partner’s acceptance and/or use of a prize.
   • Any minor will be accompanied by a parent or legal guardian.
3. If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, –
   • You will be automatically disqualified, and you will forfeit the prize/s (in the event that you have already won a prize).
   • You will pay us for any loss or damage incurred by us directly or indirectly as a result of your (or, if applicable, your partner's) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner’s) non-compliance.
   • You indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
4. iv. We and our affiliates will not be responsible for any harm, damage, loss, or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.

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