Made Tough T&C's

BATA SOUTH AFRICA - TOUGHEES

TOUGHEES “MADE TOUGH” COMPETITION – 28 DECEMBER 2023 TO 15 FEBRUARY 2024

STANDARD COMPETITIONS TERMS & CONDITIONS

1. These are the standard terms and conditions for competitions conducted or promoted by or in association with the BATA SOUTH AFRICA (“BATA”). Competition specific rules may apply in addition to these standard terms and conditions to supplement these standard terms and conditions. In the event of a conflict between these standard terms and conditions and any competition specific rules, the competition specific rules will apply. Standard competition terms & conditions applicable to all competitions by BATA South Africa may be found on the group website.
2. This agreement forms the terms & conditions to participate in the Toughees “Made Tough” Competition by Bata South Africa. Toughees is a brand that forms part of the BATA South Africa portfolio. By participating in this competition, you agree to or are deemed to by such express participation to have read and shall comply with the terms and conditions set out below.
3. The Toughees “Made Tough” (hereafter referred to as the “Competition”) is run by Toughees, which forms part of the Bata South Africa (Pty) Ltd Registration number: 1985/000219/07 portfolio and/or its agencies (“Organiser”). This competition is in no way sponsored or endorsed, administered, or associated with Facebook or Instagram.
4. All participants during the term of this Competition agree to be bound by the following terms and conditions:
5. Competition Period
   1. The competition will run from 28 December 2023 [00h00] to 15 February 2024 [23h59] (“the competition period”).
   2. The successful entrants will be contacted within seven (7) working days of the entries closing.

• The duration of the competition may be shortened or extended at the discretion of the Organiser.

1. It is the responsibility of participants to ensure that your entry is received by us prior to the closure of the competition. 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.
2. 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.
3. 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. Eligibility

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.

• 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.

1. In the event that an uploaded text does not conform to the Organiser’s requirements, the participants must consider their entry unsuccessful.
2. Entrants will not receive any payment for taking part in the competition or taking part in any media format related to it.
3. You may not win a prize if it is unlawful for the Organiser to supply such a prize to you. If you do win such a prize, you will forfeit it.

• Entrants must be 18 years or above to be eligible to enter the competition.
• This 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. The entrants child must be in grade 1 – grade 12 to qualify for the school fees price.

7. Competition Entry
   1. Participants are required to purchase a pair of Toughees to qualify for entry into the competition. They must then submit their till slip/ proof of purchase with their name, surname and email address (if applicable) either via WhatsApp on +27 87 250 0811, by scanning the QR code or entering on the website at https://toughees.co.za/pages/made-toughduring the competition period.
8. The Prize
   1. The winners selected will win 1 of 10 school fees prizes ,which entails having his/her or their child/children’s outstanding school fees settled in full for the 2024 school year, up to the value of R20,000.00 (Twenty Thousand Rand) each, which will be paid directly to the school. The school will enter the Organiser’s validation process ensuring that it is a legitimate educational institution (“School Fee Prize)
   2. Each School Fees Prize will be paid directly to the nominated school and not to any individual. The nominated school will be required to present an invoice indicating the amount of school fees outstanding with the winners’ details reflected. Should an Entrant have more than 1 child attending the nominated school then it must be noted that the prize may be allocated between all children but that the amount allocated in total will not exceed R20,000.00 (Twenty Thousand Rand).

• In the event that a portion or a full amount of the school fees for the 2024 year have already been paid by the winner, and provided that proof of payment of such fees is furnished by the winner to Toughees, upon receipt of such proof, the amount already paid by the winner to the school shall be reimbursed to the winner . In the event of a portion having being paid, the remaining amount shall be paid directly to the school. The total amount of reimbursement will not exceed the total of the prize awarded (R20 000)

1. The Competition prizes are not transferrable from the prize winners to any other person and may not be exchanged for its cash value, except if otherwise stipulated in these Rules.

9. Winner Selection:
   1. Winners will be contacted and informed that they have been selected as 1 of 10 winners.
   2. The selected winners will win their share of R200 000 in school fees, up to the value of R20 000 each.

• The Ten (10) winners will be announced no later than 15 March 2024

1. We will require a certified copy of an ID/birth certificate of the child from the legal guardian within 14 days.
2. Winners (or Legal guardians) grant permission for us to use their names and photographs in any advertising and promotional material for this Competition. You may ask us to remove your name or refuse to take part in any publicity, as per our policy located on our website: https://toughees.co.za/pages/policies/#privacy
3. The winners’ name and surname will be published on Toughees Facebook and/or Instagram pages. Winners grant permission for us to use their names and photographs in any advertising and promotional material for this Competition. You may ask us to remove your name or refuse to take part in any publicity.

• A Bata selected panel comprising of Bata representatives will select the winners based on the following criteria:
  1. Entrants are eligible and comply to competition terms and conditions.
  2. Sent to Bata during the campaign period.
  3. Each prize is governed by the Terms and Conditions found herein.
  4. The prize is not transferable and may not be substituted or exchanged for any other item.
  5. Prizes are limited and will be awarded at the organizers’ discretion.
  6. Judges’ decisions are final.

10. General
    1. 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. BATA 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, obtaining validation documents and your acceptance and/or use of a prize.
    2. 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:
       1. your entry or participation in the competition will necessarily result in you winning a prize.
       2. a prize, or any aspect thereof, will meet your, or, if applicable, your partner’s, requirements, preferences, standards, or expectations; or
       3. a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.

• 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 14 days or if the winner is unable to collect the prize within 14 days, the winner will forfeit the prize and BATA reserves the right to donate the prize to their chosen corporate social responsibility project or select a new winner.

1. 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.
2. We may require you to provide us with such additional information and documentation as we may reasonably require in order to process, confirm and facilitate your acceptance and/or use of a prize. If you refuse to provide us with the requested information or documentation, by the required deadline, you will forfeit the prize.
3. In the event that you win a prize provided by a third-party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. BATA will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.

• We and our third-party suppliers, as the case may be, 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.
• If this Competition is interfered within 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:
  1. to disqualify any entrant; or
  2. to modify, suspend, terminate or cancel the competition as appropriate, subject to the approval of relevant regulatory authorities.

1. 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.
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 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 www.toughees.co.za The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.

• BATA and the judges' decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.
• 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).
• BATA SA is a Registered Trademark

11. 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 fulfil 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.

• 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.

1. 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.
2. 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
3. Information regarding the competition that is published on authorized advertising material will also form part of the Terms and Conditions of the competition.\

• 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.

12. 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. 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.

1. You acknowledge that the acceptance and use of a prize is subject to the provision that –
   1. 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;
   2. you will take full responsibility for your partner (if applicable);
   3. 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;
   4. any minor will be accompanied by a parent or legal guardian.
2. 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, –
   1. you will be automatically disqualified, and you will forfeit the prize/s (in the event that you have already won a prize);
   2. 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; and
   3. 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.
3. 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.

• 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.
• For purposes hereof, any reference to “we/ us” refers to the Organiser.