IWISA No.1 Designer Search Competition

1. Definitions

Unless the context provides otherwise, the words and expressions set out below will have the following meanings and cognate expressions shall have corresponding meanings:

1.1 "Application Law" means any national (or provincial) legislation, statutes, ordinances and other laws and regulations and any by-laws of any legally constituted public authority, including but not limited to: (i) any applicable statute or proclamation or any delegated or subordinate legislation; (ii) any common law and any applicable judgment of a relevant court of law that is a binding precedent; and (iii) any regulation, rule, condition, direction, decision, notice, notification, guideline, code of practice, decree, circular, decision or other requirement, directive or order made by any regulatory authority or regulatory body or other legally constituted public authority (including any enforcement action, direction or fine made or levied) whether or not expressed to be legally binding; in each case in force at any time in any relevant jurisdiction; 1.2 "Business Day" means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa, within the meaning of the Public Holidays Act, 1994; 1.3 "Competition" means the competition as set out in the Information Schedule; 1.4 "Competition Period" means the period as set out in the Information Schedule; 1.5 "Goods" means the goods described in the Information Schedule; 1.6 "Information Schedule" means the schedule attached to these T&Cs as Schedule 1; 1.7 "Intellectual Property" means all and any intellectual property of any kind including without limitation all and any creations of the mind that are recognised and/or capable of being protected by law from use by any other person, and all rights resulting from or attributable to such intellectual activity, whether acquired or protected by statute or common law and whether in terms of Applicable Law and/or any other jurisdiction, and including (without limitation): trade marks, service marks, trade and business names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, copyright (including, without limitation, copyright in computer software, computer programs and data bases) and related rights, domain names, designs (including registered designs), patents, petty patents, utility models, topography rights and like rights (including applications for the grant of any of the aforementioned) inventions, know-how, show-how, confidential information, trade secrets, data base rights, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all rights or forms of protection having similar or equivalent or similar effect to any of the aforementioned, which may subsist in any country in the world; 1.8 "Participant" means a duly registered company that enters the Competition; such duly registered company being a juristic person; 1.9 "Premier FMCG" means Premier FMCG Proprietary Limited (Registration Number 1968/002379/07) a company duly incorporated in accordance with the company laws of the Republic of South Africa; 1.10 "Prize(s)" means the prizes that can be won in this Competition, as described in the Information Schedule; 1.11 "T&Cs" means these competition terms and conditions, including the schedule hereto.

2. Application of Terms and Conditions

3. Entry Requirements

3.1 In order to be eligible for participation in this Competition, a person must:

3.1.1 be a South African citizen or permanent resident; 3.1.2 be over the age of 18 (eighteen); 3.1.3 successfully enter the Competition in accordance with the entry mechanism set out in the Information Schedule; and 3.1.4 adhere to the terms and conditions that apply to this Competition.

3.2 Participants may only enter this Competition in the Republic of South Africa.

3.3. Entries received or submitted through any medium other than as stipulated above shall not be considered, unless exceptions are made by Premier FMCG at its sole and absolute discretion.

3.4. Entries are limited to the number of entries per Participant as set out in the Information Schedule.

3.5 No entries will be accepted:

3.5.1 if they are submitted on behalf of or jointly with a third party; 3.5.2 if they are illegible, have been altered, reconstructed, forged or tampered with; 3.5.3 if they are incomplete. 3.5.4 If artificial intelligence has been used to generate the business plan to a material extent, such that the use of AI has materially influenced the substance, content, assumptions, or conclusions of the business plan and could reasonably affect the outcome. Premier FMCG may, at its sole and absolute discretion, accept use of artificial intelligence if the use was to assist the business plan for minor, non material assistance.

3.6 The following persons may not enter the Competition or be eligible to win any of the Prizes:

3.6.1 any director, member, partner, owner, employee, agent of, consultant to, or anyone associated with, affiliated or professionally connected to Premier FMCG or any of its affiliated companies, the Competition or its administration; 3.6.2 any supplier of goods or services in connection with the Competition (including without limitation marketing service providers in respect of the Competition); 3.6.3 any member of the immediate families or households of any person described in 3.6.1 or 3.6.2 above; or 3.6.4 any other person who directly or indirectly controls or is controlled by Premier FMCG.

3.7. The Competition will run for the Competition Period. Only entries received within the Competition Period will qualify and entries received outside such period will not be considered.

3.8. By choosing to enter the Competition, the Participant confirms that he/she is eligible to do so and is eligible to claim the Prizes and Premier FMCG may require that the Participant provide proof that he/she is eligible to enter the Competition.

3.9. The Participant shall not disclose to any third party (including competitors of Premier FMCG) any information relating to the Competition or the affairs of Premier FMCG which may come to his/her knowledge during or in connection with his/her participation in the Competition.

3.10 Premier FMCG will not accept:

3.10.1 responsibility for Competition entries that are lost, mislaid, damaged, undelivered or delayed in transit, regardless of cause, including, but not limited to, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or 3.10.2 proof of posting or transmission as proof of receipt of entry to the Competition.

3.11. The Participant is solely responsible for any and all reasonable costs or expenses incurred by the Participant in applying to participate or his/her participation in the Competition, (including but not limited to: calls made, internet service provider charges, telephone fees and other costs). Under no circumstances will Premier FMCG cover these or any additional costs.

4. Prizes and Award Terms

4.1 The number of winners is set out in the Information Schedule. The winner(s) will be selected by Premier FMCG or an independent judge. Judging will take place at the designated event date for the Region from the top 7 finalists from that Region within the period set out in the Information Schedule. The outcome of the Competition depends on the merit of entries, and lot or chance plays no role. The entries will be judged based on the criteria described in the Information Schedule and Scorecard as well as compliance with these Terms. Premier FMCG reserves the right not to award any Prize in the event that insufficient entries are received or if Premier FMCG is not satisfied with the quality of entries received. The decision of Premier FMCG or independent judge (as applicable) (acting reasonably) will be final.

4.2. Winners will be notified after judgement has taken place within the time period and in the manner set out in the Information Schedule. Winners' names will be available upon request by writing to Premier FMCG.

4.3. Premier FMCG will make all reasonable efforts to contact the winner. In the event that a winner cannot be successfully contacted, is not available within the period described in the Information Schedule, is unable, for any reason whatsoever, to accept the Prize or has not claimed their Prize within the period described in the Information Schedule, such winner will forfeit their Prize. Premier FMCG reserves the right to select a replacement winner from the remaining qualifying participants by repeating the judgement process in accordance with same process and procedures as applicable to the original judgement process.

4.4. In order to claim the Prize, a winner must provide the information and documentation described in the Information Schedule.

4.5. Premier FMCG does not accept any responsibility if the Participant is not able to take up the Prize.

4.6. The Prize must be collected or delivered as set out in the Information Schedule within the time period set out in the Information Schedule.

4.7. The prize may not be claimed by a third party on the Participant's behalf.

4.8. Prizes are subject to availability and cannot be negotiated, transferred or exchanged. Premier FMCG reserves the right to substitute a Prize with another prize of equivalent or greater value or nature.

4.9. Prizes are not redeemable for cash unless the Prize is cash. The provisions of 4.8 above remain applicable as necessary.

5. Use of Personal Information

5.1. The Promoter may process and use the Participant's personal information for purposes relating to the Promotion. Click here to read the Promoter's privacy policy: Privacy Policy.

5.2 A Participant may ask the Promoter at any time during the Competition to correct or confirm any personal information if it is wrong or out of date.

5.3. To the extent that elements of the Prizes are being provided by a third party, the personal information of the winners may be passed on to such third party for the sole purpose of prize fulfilment.

5.4. The Participant agrees that any photographs taken of them in relation to this Competition will become the property of the Promoter and consents to the use thereof in any marketing campaigns as the Promoter deems fit. The Participant shall have no claim against the Promoter for the use of the photographs.

5.5. With regards to Participants under the age of 18, his or her or their duly authourised representative confirms and warrants that he or she or they have the right, power and authority to allow Premier FMCG to use their and/or the Participant's personal information for purposes of the Competition and hereby consents to Premier FMCG using their and/or the Participant's personal information for purposes of the Competition as well as consent to the provisions of 5.6 below.

5.6. The Participant agrees that any photographs taken of them in relation to this Competition will become the property of Premier FMCG to use in any marketing campaigns as Premier FMCG deems fit. The Participant shall have no claim for any compensation for use of the photograph.

6. Limitation of Liability, Warranties and Indemnities

6.1. To the greatest extent permitted by Applicable Law, Premier FMCG, its employees, officers, directors, agents and associates and the Participating Stores, their employees, officers, directors, agents and associates (the "Indemnified Parties") shall not be liable for and each Participant hereby indemnifies and holds the Indemnified Parties harmless from any and all claims, damages, liabilities, costs, expenses and/or penalties (as applicable) suffered or incurred by any person as a result of entry in the Competition, participating in the Competition or receiving or using any Prize. This is without prejudice to any rights or remedies that any Participant or winner has available to it under Applicable Law and that cannot be excluded, limited or waived.

6.2. All products given as part of the Prizes are subject to all applicable warranties, guarantees and instructions of use accompanying such products.

7. Force Majeure

In the event of any act of God, governmental act, strike, war, riot, civil commotion, lockout, fire, flood, accident, or any other exceptional event or circumstances of whatever nature arising or action taken beyond or outside the reasonable control of Premier FMCG preventing or delaying it from performance (any such event hereinafter called "Force Majeure") then Premier FMCG shall be relieved of all such obligations to the Participant during the period that such Force Majeure continues and shall not be liable for any delay or failure in the performance of any obligations or loss or damage which the Participant may suffer due to or resulting from the Force Majeure.

8. Intellectual Property

8.1. The Participant hereby grants to Premier FMCG a transferable, non-exclusive, worldwide, irrevocable, perpetual (notwithstanding expiry or termination of the T&Cs or the Competition), royalty-free, fully-paid up licence to use and sub-license the materials submitted by him/her in the Competition, including the Intellectual Property rights, image rights and personality rights in such materials in connection with the Competition, and shall participate in such reasonable promotional activities as Premier FMCG may request.

8.2. By submitting a Competition entry, the Participant agrees that the entry and any accompanying material submitted to Premier FMCG (the "Works"") and all rights, title and interest therein (including all Intellectual Property rights) will become the property of Premier FMCG on receipt thereof and will not be returned.

8.3. The Participant agrees to assign, cede, delegate and make over absolutely to Premier FMCG, the Works and all rights title and interest therein (including all Intellectual Property rights) and any and all claims and potential claims (including any accrued rights and claims) in relation thereto (together, the "Assigned Rights""), with effect from the date on which the Works are received by Premier FMCG, for the full duration of such rights, wherever in the world enforceable.

8.4. The Participant hereby undertakes, when called upon to do so by Premier FMCG, without charge, to do and execute, and procure the doing and executing of, each act, document and thing necessary to perfect Premier FMCG's ownership in the Works and Assigned Rights (to the extent required), and to record such Assigned Rights and/or the assignment thereof under these T&Cs, including but not limited to procuring such an assignment from any other party who engages in any way in authoring, creating, modifying or further developing any of the Works or Assigned Rights for or on behalf of the Participant ("Third Party Creators").

8.5. To the extent permitted by Applicable Law, the Participant hereby, and agrees to procure that all Third Party Creators, unconditionally and irrevocably waives, in favour of Premier FMCG and its successors in title, all moral rights (and broadly equivalent rights anywhere in the world) in and to the Works, to which the Participant and such Third Party Creators may be entitled under Applicable Law. In this regard, the Participant unconditionally and irrevocably agrees, and agrees to procure that each Third Party Creator agrees: (i) not to enforce any of his/her moral rights (and broadly equivalent rights anywhere in the world) in and to the Works; (ii) not to claim authorship or ownership of the Works; and (iii) consents to and agrees not to object to any acts and omissions of Premier FMCG or its nominees in relation to the Works, including any distortion, mutilation or other modification thereof.

8.6. The Participant warrants that his/her entry is original and does not infringe on the rights of any third party. The Participant shall indemnify and hold harmless Premier FMCG against all liabilities, costs, expenses, damages and losses suffered or incurred by Premier FMCG arising out of or in connection with any claim for actual or alleged infringement of a third party's Intellectual Property rights arising out of or in connection with the Works and/or the use of the Works by Premier FMCG (as applicable).

8.7. The Participant agrees that[, without limiting Premier FMCG's rights as owner of the Works and all right, title and interest therein,] Premier FMCG may, in its sole discretion, make the Participant's entry available on its website as set out in the Information Schedule and in any other media, whether now known or invented in the future and in connection with any publicity of the Competition, anywhere in the world.

8.8. The Participant hereby consents to the following acts (as applicable) by or for Premier FMCG in relation to his/her performance that forms part of any materials submitted by him/her as part of the Competition: (i) broadcast or communicate to the public the performance; (ii) make a fixation of the performance; or (iii) make a reproduction of the performance; or (iv) cause the performance to be transmitted in a diffusion service. The amount of the royalty for the use of the performance will be: R [insert amount.

9. General

9.1. Premier FMCG may in its sole and absolute discretion amend or update these T&Cs at any time, by publishing the revised terms and conditions on the website identified in the Information Schedule.

9.2. Premier FMCG reserves the right to hold void, suspend, cancel, or amend the Competition if it becomes necessary to do so (in the sole discretion of Premier FMCG).

9.3. Premier FMCG reserves the right to disqualify any Participant from participating in the Competition who breaches any provision of these T&Cs or if Premier FMCG determines that the Participant has attempted to manipulate the outcome of the Competition.

9.4. Premier FMCG may disqualify any Participant if, in Premier FMCG's sole and absolute opinion, the Participant's entry contains any content which is obscene, vulgar, harassing, unlawful, illegal, harmful, inflammatory, hateful or otherwise objectionable or infringes the rights of any third party in subject matter or wording, or which is otherwise unsuitable for publication.

9.5. Premier FMCG further reserves all rights to disqualify the Participant if his/her conduct is contrary to the spirit or intention of the Competition.

9.6. In the event of a dispute regarding any aspect of the Competition and/or these T&Cs, Premier FMCG's decision will be binding and final and no correspondence will be entered into.

9.7. In the event of a dispute regarding a winner chosen in accordance with these T&Cs, the decision of an independent admitted attorney duly appointed by Premier FMCG will be final and binding and no other correspondence will be entered into.

9.8. Premier FMCG reserves the right to cancel, suspend, amend or terminate the Competition or extend the Competition Period at any time and without notice to the Participant.

9.9. Premier FMCG may in its sole and absolute discretion amend or update these T&Cs at any time, by publishing the revised terms and conditions on the website identified in the Information Schedule.

9.10. These T&Cs constitutes the entire agreement between the parties and supersedes any prior written or oral agreement between them as far as the subject matter contained in these T&Cs is concerned and no party shall have any claim or right of action arising from any undertaking, representation or warranty not expressly included in these T&Cs.

9.11. If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these T&Cs.

9.12. Save as otherwise expressly provided in these T&Cs, no agreement to vary, waive, amend add to, delete from or cancel any provision of these T&Cs (including this 9.12) shall be effective unless reduced to writing and signed by the parties or on behalf of the parties by their duly authorised agents.

9.13. Save as otherwise expressly provided in these T&Cs, neither party shall be entitled to assign, cede, delegate or otherwise transfer or deal with these T&Cs or any of its rights and obligations under it, in whole or in part, without the prior written consent of the other party.

9.14. Any failure by any party to exercise or delay by any party in exercising its rights or remedies provided under these T&Cs or by Applicable Law does not constitute a waiver of that or any other right or remedy and does not prevent, limit or restrict the future exercise or enforceability of that or any other rights or remedies. No single or partial exercise of any right or remedy provided under these T&Cs or by law prevents or restricts the further exercise of that or any other right or remedy.

9.15. The validity of these T&Cs, its interpretation, the respective rights and obligations of the parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa.

9.16. To the extent permitted by Applicable Law, the Participant hereby consents and submits to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg for the purposes of all or any dispute or legal proceedings arising from or concerning these T&Cs.

9.17. The stipulations for the benefit of Premier FMCG's employees, officers, directors, agents and associates and the Participating Stores, their employees, officers, directors, agents and associates shall, by way of stipulatio alteri, constitute a contract for the benefit of such persons which shall be capable of acceptance at any time by any of them by written notice to that effect to the Participant. Prior to acceptance, the benefit of each such stipulation may not be withdrawn.

9.18. No rule of construction shall be applied to the disadvantage of a party to these T&Cs because that party was responsible for or participated in the preparation of these T&Cs or any part of it.

9.19. Where the words include(s), including or in particular followed by specific examples shall be construed by way of example or emphasis only and shall not be construed, nor shall it take effect, as limiting the generality of any preceding words, and the eiusdem generis rule is not to be applied in the interpretation of such specific examples or general words and where the context permits, the words other and otherwise are illustrative and shall not be construed eiusdem generis with or limit the sense of the words preceding them where a wider construction is possible.

9.20. All enquiries regarding the Competition should be sent to the Promoter at customercare@premierfmcg.com or 0860 122 300 (SA only).

10. Force Majeure

10.1. The Participant warrants that his/her entry is original and does not infringe on the rights of any third party. The Participant shall indemnify and hold harmless Premier FMCG against all liabilities, costs, expenses, damages and losses suffered or incurred by Premier FMCG arising out of or in connection with any claim for actual or alleged infringement of a third party's Intellectual Property rights arising out of or in connection with the Works and/or the use of the Works by Premier FMCG (as applicable).