Promotional competition rules: Best Photo – Facebook Competition 2022

“Company” Tama South Africa (Pty) Ltd, a company registered in accordance with the laws of South Africa under registration number 2020/105313/07, with its principal place of business at 12 Faure Street, Malmesbury, Swartland Municipal Area, Western Cape, 7300.

“Company FB Page” The Company’s Facebook page on which it will conduct the Activity and which is accessible here: https://www.facebook.com/TamagroupSA

“Company’s Judge” A judge (employed by the Company) who will be appointed by the Company for purposes of the Activity and who will select, at his sole discretion, at the end of each month the most original and creative photograph or selfie.
“CPA” The Consumer Protection Act 68 of 2008 and the regulations published under the CPA.
“Offer” An invitation or offer post on the Company FB page inviting persons to participate in the Activity, the content of which will comply with the CPA.
“Participant” A person who meets all of the following eligibility criteria:

• he or she must be over the age of 18 years old;
• he or she must be a resident of South Africa;
• he or she must have an active Facebook account that does not violate or has not violated Facebook’s rules to the best of his or her knowledge; and
• he or she has complied with these Rules,

and does not include minors under the age of 18 and / or the Company’s employees, or employees of the Company’s parent company, subsidiary or other affiliated companies.
“POPIA” The Protection of Personal Information Act 4 of 2013.
“Prize” Any one of the following prizes (at the Company’s discretion) that Participants may win from the Activity: branded coloring pencils, branded penknives, branded mugs, branded t-shirts, branded bags, branded children’s playbooks, branded kitchen aprons, branded lunch boxes, branded drinking bottles, branded neck warmers, branded hats, branded head lamps, branded outdoor lamps, branded field kits, branded picnic boxes, branded bottle openers.
“Prize Nominee” A Participant whose photograph or selfie was chosen by the Company’s Judge as the most original and creative photo and who is, accordingly, eligible to win a Prize.
“Prize Winner” A Prize Nominee who: (i) complied with these Rules; and (ii) is declared as a winner by the Company’s Judge in accordance with these Rules.
“Rules” These Terms and Conditions, which will be available on the Company FB Page.

1. In the event of any contradiction and/or inconsistency between the provisions of these Rules and any other publications regarding the Activity, the provisions of these Rules shall prevail.
2. Whatever appears written in the masculine language, the intention is also to the feminine form, and vice versa.
3. Whatever appears written in the singular form, the intention is also to the plural form, and vice versa.

1. The Company reserves its right to amend any of the Rules during the Activity Period. The updated Rules will be made available on the Company’s FB Page.
2. The Company may change, extend, shorten or cancel the Activity Period by way of updates that will be published by the Company on the Company FB Page.
3. Participants will be able to obtain any further information, to the extent required, on the Activity or the Rules by contacting charlie.thompson@tama-south-africa.co.za.
4. The Participants are aware that their participation in the Activity is for recreational purposes and for the enjoyment obtained by participating in the Activity.
5. By participating in this Activity, the Participants agree, confirm and declare that they have read these Rules.

1. A person who is interested in participating in the Activity shall log in to his personal Facebook account and visit the Company’s FB Page where the Offer will be accessible.
2. A Participant will comment on or share the Offer by posting a photograph or selfie which includes one of the Company’s Products. The photos (hereinafter the “Content”) will be uploaded by the Participants in response to the Company’s post on the Company FB Page. If the Participant shares the Offer, his or her shared post will need to be viewable to the public.
3. The Company’s Judge will assess the Content in a particular month and decide which photograph is the most original and creative in their opinion.
4. The Company’s Judge will then select Prize Nominees for a particular month following which a Prize Winner will be selected and will be eligible to win a Prize.
5. The Company will be entitled to disqualify a Participant from participating in the Activity and/or from winning a Prize, if he does not meet the conditions set forth herein, and such Participant shall not have any claim and/or demand against the Company.
6. A Prize Winner will not be eligible to be a Prize Nominee, and stand a chance to win another Prize, in the Activity for the remainder of the Activity Period. This is to ensure that other Participants stand a chance to win.

1. The Participant hereby agrees that:
2. He is the person who created the Content, and no third party has any right whatsoever to the Content. Alternatively, where a third party, other than the Participant created the Content, the Participant obtained the consent of such third party to use such Content for the purpose of participating in the Activity.
3. In any case where a person other than the Participant created the Content, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, LOSSES OR OTHER CONSEQUENCES THAT MAY ARISE AS A RESULT OF THE PARTICIPANT USING CONTENT CREATED BY A THIRD PARTY.
4. The Participant shall not, under any circumstances, upload any Content to the Company FB Page that violates any law or agreement, or the publication of which would constitute a violation of any law or agreement, including but not limited to content which constitutes, or which may constitute, an infringement of any third party rights; violation of privacy laws; content of a / an harassing, offensive, insulting, hostile, threatening, rude, pornographic or of a sexually explicit nature; content that may encourage or incite violence, discrimination, hatred or racism; content that may violate the privacy of a minor; and / or content that is uploaded without the approval of the minor’s parents or guardians (the “Prohibited Content”).
5. The Company reserves the right to disqualify at any time, and not publish and/or delete from the Company FB Page, any content where there is a concern that it may fall within the scope of Prohibited Content, or that, in the opinion of the Company, does not comply with these Rules.

1. The Content uploaded by the Participant for purposes of the Activity must be original in that it must be created by the Participant and not belong to any third party or infringe on the intellectual property rights of any third party.
2. The Participant owns all the intellectual property rights to the Content, except in relation to the branding of the Company’s products and agrees that the Content is not copied from any third party, including from other websites and/or other works and/or any other unrecognized source that may constitute a violation of copyright and/or infringement of intellectual property rights of any kind.

1. For purposes of this clause, the terms “personal information”, “processing”, and “responsible party” shall have the meanings ascribed to them in section 1 of POPIA.
2. Participants may choose to include an image of him- or herself, or of his or her family member or friend, in the photograph shared as part of the Activity. The Participant understands that images of this nature constitute personal information and by participating in the Activity, makes such information publicly available on Facebook.
3. All personal information processed by the Company in connection with the Participant’s entry in the Activity shall be processed by the Company as a responsible party in accordance with POPIA and the Company’s privacy policy (available at https://www.tama-south-africa.co.za/privacy-policy/).
4. Where a Participant wins a Prize, he consents to having his name and contact details published on our website (accessible on the Company’s FB Page) to notify other Participants of the outcome of the Activity for that particular month. In addition, the Participant gives his consent to the Company to publish the winning Content on various media platforms including other social media platforms and / or the Company’s website without Participants receiving any payment in this regard.

1. The Company shall select the Prize for a Prize Winner randomly.
2. The Company may change and/or replace the Prize and/or its quantity and/or add additional Prizes, at its sole discretion.

Updates in this regard will be published on the Company’s FB Page.

3. The date of delivery of the Prize and associated logistics will be determined by the Company and communicated to the Prize Winner each month.
4. All Prizes are non-transferable, non-negotiable and no cash alternative is available.
5. There will be between one to two Prize Nominees who could be chosen to be the Prize Winner in a particular month. Decisions made by the Company in relation to the Prize Winners shall be final.
6. The Company will contact the Prize Winner via their Facebook account within 7 days of the Company’s Judge’s decision. If the Company is unable to make contact with the Prize Winner after this time, the Company will attempt to message the Prize Winner one more time via their Facebook account following which the Company reserves the right to allocate the Prize to the next eligible Prize Nominee. The Company may notify the Prize Winner under these circumstances.
7. Prizes will be delivered to the Prize Winner(s) at their nominated address within 30 calendar days. If there is any problem with the Prize received, the Prize Winner must notify the Company within 3 days of delivery, otherwise the Prize will be deemed to have been accepted.

1. To the fullest extent permitted by law, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO COMPENSATE THE PARTICIPANT, OR ACCEPT ANY LIABILITY FOR ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH THAT OCCURS TO THE PARTICIPANT UNDER, OR IN CONNECTION WITH, HIS ENTRY INTO THE ACTIVITY, OR ACCEPTANCE AND USE OF THE PRIZE.
2. Participants who are, or who appear to be, automatically generated by computer, robot or related software, or otherwise in bulk, will not be eligible for participation in the Activity.
3. Proof of posting or transmission does not amount to proof of entry into the Activity.

1. Each Prize Nominee will be obliged, at the request of the Company, to agree in writing, in the form attached as Appendix A, to these Rules.
2. The Activity, and these Rules, are governed in accordance with the laws of South Africa.
3. By participating in this Activity, the Participants agree that any dispute or claim that they may have under, or in connection with the Activity, shall be subject to the exclusive jurisdiction of the court having jurisdiction to hear the matter.