TERMS AND CONDITIONS

COMPETITION RULES:

Date these rules were first published: 15 April 2019
Date these rules were last changed: 12 April 2019

Read these competition rules carefully. These competition rules (“rules”) explain your rights and duties under this competition. If you take part in this competition or accept any prize, these rules will apply to you and you agree that the person running the competition (“the promoter(s)”) can assume that you have read and agreed to be legally bound by these competition rules.

Competition Name:	FNB BUSINESS INNOVATION AWARDS
Promoter(s) Name(s):	The promoter of this competition is FNB Business, a segment of First National Bank, a division of FirstRand Bank Limited, with Reg. No. 1929/001225/06 (“FNB”). In these rules, we refer to the above promoter(s) as “the promoter(s)” or “FNB”. We refer to participants and winners as “you”.
Entries open and close:	Entries open on Monday, 15 April 2019 at 08h00. Entries close on Wednesday, 31 July 2019 at 23h59. All entries, fully completed as required, must be received by the promoter(s) before 23h59 on the closing date. The promoter(s) reserve the right to extend the competition. Notice of this will be posted on www.fnbbusinessinnovationawards.co.za.
Winners announced in:	October 2019
Mechanics of the competition and how to enter:	The promoter(s) are looking for the most innovative businesses of the year in each of the following 3 (three) categories: Businesses with an annual turnover of R 0 to R 4 999 999; Businesses with an annual turnover of R 5 000 000 and above; and Business with an annual turnover of R 10 000 000 and above. You have to submit your entry online via www.fnbbusinessinnovationawards.co.za, using the online entry forms and online templates we make available. You must submit all the required information on time.
Eligibility: Who qualifies to take part?	This competition is open to all South African businesses (companies, close corporations, trusts, sole proprietors) who meet the criteria set out below: Annual business turnover: R 0 – R 4 999 999 Annual business turnover: R 5 000 000 + Annual business turnover: R 10 000 000 + Your business: has been in operation for at least 2 years; founder is actively involved in the day-to-day operational business activities; is able to demonstrate its growth potential; is innovative and has positively contributed to and impacted the community in which it operates; and is a game changer that has revolutionised the way of doing business in the South African townships. Your business: founder is actively involved in day-to-day operational business activities; consists of a team of 2 or more senior leaders; has an impressive track record; is 10X-able (chasing a big opportunity with an innovative offering and a ‘secret weapon’ / ‘magic formula’); has a proven product-market fit; has the potential to grow and become a market leader; and contributes to the reduction of low-skill unemployment in South Africa. Your business: founder is actively involved in day-to-day operational business activities; is unique and cannot easily be replicated (it is not a “me-too business”, such as a consultancy or agency); owns the intellectual property in its products, business model or service offering; has successfully raised the capital it needed to get to this point; has the potential to grow and become a market leader with a business model that is repeatable in any country/region; and is at a key inflection point in its growth trajectory. *Please note that businesses with an annual turnover between R 8 000 000 and R 10 000 000, who own the intellectual property in its products, business model or service offering, will be reviewed on a case by case basis in this category. Furthermore, the businesses need to be able to meet the following standards: Development impact: exhibit high-growth potential and the capacity to add substantial economic value by creating a number of high-quality jobs. Business innovation: demonstrate real innovation that has the potential to change the way an industry operates locally and/or internationally and is positively impacting the community(ies) in which it operates. Fit with FNB and its selected business development suppliers namely, Balabala Gaba Group (Pty) Ltd, Edge Growth Accelerate (Pty) Ltd and Endeavor Insight (Pty) Ltd (hereinafter the “Business Development Suppliers”). The entrants must be interested in accepting advice and support from FNB and its Business Development Suppliers, as well as contributing to their networks if required.
Who cannot take part?	The following persons may not take part in this competition even if they qualify to take part. They will forfeit (give up) any prizes awarded to them: Any employee of the promoter(s) or its Business Development Suppliers. Any director, member, partner, agent or consultant of the promoter(s) or its Business Development Suppliers. Any other person who directly or indirectly controls the promoter(s) or its Business Development Suppliers. Any supplier of goods and services in connection with this competition. The spouse, life partner, siblings, children or parents of any of the persons named in a, b, c, or d, above. Any person whose accounts and credit agreements with FNB or FirstRand Bank Limited are not in good standing. This means that none of your FNB and/or FirstRand Bank Limited accounts and credit agreements should be overdrawn, or be in arrears, or be in default, or be subject to any legal process with FNB or FirstRand Bank Limited. “Legal process” means any legal proceedings in any court of law involving you and FNB or FirstRand Bank Limited, including but not limited to: collections, liquidation and sequestration proceedings. “Legal process” however excludes debt review as contemplated in Section 86 of the National Credit Act, 2005. Any finalist or winner that was selected by FNB during any FNB Business Innovation Awards competition held in previous years.
What is/are the prize(s)?	1 (one) prize, per category, will be awarded for this competition. The prizes for each category is as follows: Annual business turnover: R 0 – R 4 999 999 Annual business turnover: R 5 000 000 + Annual business turnover: R 10 000 000 + Marketing and branding to the value of R150 000 (this includes production of branded elements, printed flyers and any elements that may need to be produced beyond design phase); 24 months of mentorship from FNB Business; e1 000 000 (eBucks) to be used towards the betterment of the business. Please note that you must be a member of the eBucks Rewards Programme at the time of winning the prize or register to become a member of the eBucks Rewards Programme within 30 (thirty) days of being notified of having won the prize. If you fail to become a member of the eBucks Rewards Programme within the 30 (thirty) day period, you will forfeit your prize. The prize will only be allocated to you once you have successfully been registered as a member of the eBucks Rewards Programme; and Business cellphone package through FNB Connect; and Coffee hour with 1 of FNB‘s EXCO members. You will be given the opportunity to participate in the 2 year 10X Accelerator Programme, with a care ‘backbone’ of standard support, plus customised support agreed with you based on your priorities; The 10X Accelerator Programme is designed to help you transition from a frenetic hustle - where founders have to be involved in every detail - to a scaled (still growing) company that runs well without the founder; The winner’s senior management team will be equipped with the mindsets, tools, knowledge and practical help you need to 10X your business, all overlaid on a systematic, step-by-step process to build the foundations for scale, brick by brick; and The prize includes the 10X Accelerator Programme costs. The prize does not include travel and/or accommodation costs which will be for the winner’s account. You will be given an opportunity to participate in the coveted 2 (two) day Endeavor International Selection Panel (ISP) during 2020. The ISP brings together high-impact entrepreneurs to have their businesses evaluated by world-class business leaders, and gives them the opportunity to become part of an exclusive global network; The prize includes travel and accommodation for 2 (two) representatives of the winning business. Any additional representatives attending the ISP will be for the winner’s account. Please note that spending money is not included in the prize and same will be for the winner’s account.
Is there a limit on the number of times you can enter?	Yes, only 1 (one) entry.
How will winner(s) be chosen?	All entries will go through a vetting and judging process to determine the winner. There will be various phases of judging and the judging of each entry will be based on the “Eligibility” criteria set out above in these rules. FNB’s Business Development Suppliers have each been allocated a category to conduct the initial phases of judging (including interviews and/or examining of entrant financials) and will submit a shortlist of entries (who receive unanimous votes during the initial judging phase) to FNB for evaluation. FNB accepts no responsibility or liability for the entry-filtering process and has no influence over the entry-filtering process and/or the choice of shortlisted entrants. FNB will interview the shortlisted entrants and make the final decision as to the finalists and winner in each of the abovementioned 3 (three) categories of the competition. More detail on the judging process can be found at www.fnbbusinessinnovationawards.co.za.
How will winner(s) names be announced?	Winners will be contacted by phone or email, and will be announced on www.fnbbusinessinnovationawards.co.za. Winners will also be announced at the gala event on 3 October 2019, and this will be extended to social media, public relations and any other platform that FNB wishes to use. Please note: Whilst prize winners may be asked to take part in publicity for the competition, prize winners have the right to refuse to do so.
Deadline for claiming prize(s):	Within 6 (six) months of the announcement of the winners at the gala event on 3 October 2019.
Questions about these rules:	E-mail the promoter(s) on innovationawards@fnb.co.za

COMPETITION SPECIFIC RULES:

• If the business is owned by more than one person, the promoter(s) will not be legally responsible to anyone for disputes between such persons or for errors or omissions during the submission process. The owners each agree that they will not hold the promoter(s) legally responsible for any loss or damage they suffer because their business was entered into this competition. The person who enters on behalf of other persons warrants that they all have agreed to the competition rules. If the person entering breaches this warranty, he or she alone will be legally responsible to the other persons and will at the discretion of the promoter(s) defend the promoter(s) against any legal claim or action by that person. This means that if any of the promoter(s) are sued, the person who entered will, at the promoter’s(s’) discretion, defend them against such claims, and pay all legal costs or expenses, or amounts they paid or must pay in damages to any person or to settle any claim, back to the promoter(s). Legal costs and expenses will be calculated on an attorney and own client scale.
• While the promoter(s) may provide assistance and advice to the winner, the promoter(s) cannot guarantee that the winner’s business will be commercially successful. By entering the competition and accepting the prize, the winner agrees to indemnify (hold harmless) the promoter(s) if the winner or any other person suffers any loss or damage because of their participation in this competition, regardless of how or when they suffered such loss or damage.
• You enter this competition at your own risk. The promoter(s) do not warrant that your business will be successful.
• Before the winner will be awarded a prize, they will sign a contract with the promoter’s(s’) Business Development Supplier (who conducted the initial judging phase of the category that the winner entered) and must agree to such Business Development Supplier’s terms and conditions of service, confidentiality and so forth. Winners have the right to decline to do so. If they decline to do so, they will forfeit (give up) their prize.
• Winners must abide by the rules, terms and conditions which are determined by any third-party carrier, transporter, accommodation provider, catering provider or other service provider associated with the prize.
• The promoter(s) reserve the right at their own discretion without having to give reasons for this to immediately remove any entry or disqualify a winner if his/her business or any aspect thereof is alleged to be an infringement of any third-party’s rights, including intellectual property rights such as copyright, patents, designs, trademarks, confidential information, etc. If this happens, the promoter(s) will not be legally responsible to any person and the winner will forfeit the prize or the remaining value thereof. The promoter(s) do not have to investigate the validity of such third-parties’ complaints before exercising these rights.
• You also agree to hold the promoter(s) harmless against any claims by parties that your business or any aspect thereof infringes their rights in any way. This means that if any of the promoter(s) are sued, you will at their discretion defend them against such claims and/or pay back any legal costs or expenses, or amounts they paid or must pay in damages to any person or to settle any claim, back to the promoter(s). Legal costs and expenses will be calculated on an attorney and own client scale. It will be your sole responsibility to conduct, at your cost and prior to submitting your entry for the competition, all the necessary checks to determine whether your business or any aspect thereof infringes any third-party’s rights. You should contact a reputable intellectual property lawyer to assist you.
• By entering this competition, you agree to release the promoters from any legal responsibility to you or any other person, because the promoter(s) are developing, launching or considering identical or similar businesses. You need to be aware that the promoter(s) receive, assist with or develop new ideas all the time and that it is possible that an identical or similar business may be in any stage of launch or development. You agree that you will not take legal action against the promoter(s) because they or any person associated with them are developing, launching, assisting or considering a business that is similar to yours, provided the promoter(s) can prove that they considered such a business prior to you submitting your entry for this competition or without reference to your entry for this competition.
• You also understand that your business innovations may or will be published on a public website. This means that other persons can copy your innovations. It also could mean that your innovation may no longer qualify for patent or eventually design protection. You carry this risk if you enter the competition. We recommend that, before submitting your entry to the promoters, you obtain legal advice from a reputable intellectual property attorney.
• The promoter(s) do however agree that your business’ financial details will be kept strictly confidential.
• By entering this competition, you acknowledge and confirm that the promotor(s) may:
  • process (which includes, without limitation, collect, store, update, use, make available or destroy) your entry form and all the information it contains to, amongst other things:
    • comply with legislative, risk and compliance requirements (including without limitation directives, sanctions and rules), voluntary and involuntary codes of conduct and industry requirements or fulfill reporting requirements and information requests;
    • perform historical, statistical and research purposes;
    • enable the promotor(s) to contact you or deliver documents or notices to you specifically relating to this competition;
    • enable the promotor(s) to contact you for any marketing related information and to contact you as a prospective client or an existing client, offering you FNB solutions;
    • conduct security or identity verification and to check the accuracy of your business information;
  • share your entry form and all the information it contains with the following persons (amongst others), who have an obligation to keep your business information secure and confidential:
    • the promotor(s) Business Development Suppliers and/or their nominated third-parties who will be conducting the initial phases of the judging process of this competition. In this regard, you specifically acknowledge and confirm that:
      • the promotor(s) Business Development Suppliers and/or their nominated third-parties can contact you or deliver documents or notices to you specifically relating to this competition; and/or
      • the promotor(s) Business Development Suppliers and/or their nominated third-parties can contact you for any marketing related information and to contact you as a prospective client or an existing client, offering you their business solutions;
    • law enforcement and fraud prevention agencies;
    • regulatory authorities, governmental departments, local and international tax authorities and other persons that the promotor(s) under the law must share your business information with;
    • persons to whom the promotor(s) cede its rights or delegates its obligations;
  • process your entry form and all the information it contains outside of the borders of South Africa, according to the safeguards and requirements of the law. The person or third-party entity processing your entry form and all the information it contains will apply the same level of protection as required in South Africa;
• You may
  • access the information the promotor(s) and its Business Development Suppliers and/or their nominated third-parties has about you and you may request the promotor(s) and its Business Development Suppliers and/or their nominated third-parties to correct or delete the information if it is inaccurate, irrelevant, excessive, out-of-date, incomplete, misleading, obtained unlawfully or no longer authorised to be kept and may file a complaint with the Information Regulator about an alleged contravention of the protection of your information;
  • withdraw consent to allowing the promotor(s) and its Business Development Suppliers and/or their nominated third-parties to process and/or share your information, except as otherwise allowed, or required by law.

GENERAL RULES APPLICABLE TO THIS COMPETITION:

• “Site” refers to any website or mobile site or social network site on which this competition will be run. This includes but is not limited to sites such as Facebook, Twitter, Foursquare or Pinterest.
• If the competition requires you to post anything, your post must be original and written by you. For purposes of these rules, “post” includes but is not limited to any written material or visual or audio material such as an image file, a photo, a sound clip or video clip. You may not use somebody else’s post or work as your post, or as part of your post. If you are allowed to quote content from another source, you must state clearly who the author is. Any post that the promoter(s) believe to constitute plagiarism will be disqualified.
• You may not post updates that are derogatory or harmful to the promoter(s), the site or any other person. By posting any content, you warrant to the promoter(s) and the sites that you are the sole creator, designer, author or owner of the work and that you have the right to post the work.
• If the competition involves voting, you may not vote for yourself or ask other persons to vote for you.
• You may not misuse the site or competition in any way. This includes but is not limited to posting content for commercial purposes or distributing spam or malicious code or using the site to collect the personal data or content of other users or directing visitors to other sites or pages.
• Posts must not contain any content that is normally prohibited on the site, such as explicit or offensive content.
• You agree that the promoter(s) have the absolute discretion to decide if your actions constitute any of the actions prohibited above and to end your participation in the competition immediately and to take appropriate legal action against you. The promoter(s) may also immediately remove any posts that they reasonably believe constitute any prohibited content without notice to you.
• You must comply with the terms and conditions and privacy policies of the site.
• By posting the submission you give the promoter(s) a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and/or publish any content that you have posted on the site for purposes of the competition for purposes of promoting the products and services of the promoter(s). The promoter(s) will not publish your name or photograph unless the promoter(s) have your consent to do so.
• The promoter(s) are not responsible for the site. The promoter(s) cannot control how they operate, when or if they are available or what content they carry. Even though the promoter(s) run the competition on the site, the promoter(s) do not endorse the third party, its site, its products or services or any content on the site. You use the site at your own risk. You must take all necessary measures to protect yourself from risks, such as the risk of viruses and other destructive code.
• You must obtain at your own expense all equipment and services that are necessary to gain access to the site to take part in this competition.
• The promoter(s) can put in place such technical or other remedies as it considers appropriate to prevent abuse or to protect any sites and/or systems or other users.
• You understand that this competition is not in any way being sponsored, endorsed or administered by, or associated with, any sites. You fully release the owners of those sites from any legal responsibility to you or to any other person. By participating in this competition, you understand that you are providing information to the promoter(s) and not to the owners of such sites.
• If you do not comply with these rules, your posts may be deleted and you will not be allowed to access the site or take part in the competition.
• If the prize involves international travel, you must have a valid passport and obtain the necessary Visa/s. The promoter(s) are not responsible if you cannot arrange this on time.
• Unless the promoter(s) say otherwise, the advertised dates and times of prizes involving travel or tickets to events cannot change. Unless these rules specifically say otherwise, the prize will not include the cost of transport, accommodation, spending money or food. This means that you will be responsible for organising and paying for your own transport to the venue, accommodation, food and spending money. Unless the promoter(s) agree otherwise, the winner must use the prize.
• Tickets must be collected before the deadline. Proof of identity may be required. You must be able to provide proof of your identity if required.
• You are responsible for arranging your own travel, medical and other insurance.
• You must comply with the rules of any third-party service provider or prize sponsor. This includes but is not limited to any airline, transport service, accommodation provider and venue.

IMPORTANT NOTICE: TAX IMPLICATIONS

• We strongly recommend that you obtain independent professional advice regarding any tax implications arising from the receipt, transfer or spend of any prize(s), awards and eBucks rewards obtained in respect of this competition.
• You are fully responsible for any tax implications arising from or associated with any receipt, transfer or spend of any prize(s), awards and eBucks rewards due to you for participating in this competition.
• You agree that you will not hold the promoter(s) liable and you hereby fully indemnify the promoter(s) from and hold the promoter(s) completely harmless against, all damages, claims and fines made against you or the promoter(s) (including but not limited to all legal costs on an attorney-and-client scale), to the extent to which such damages, claims and fines arise out of or are connected to any taxation relating to your receipt, transfer or spend of any prize(s), awards and eBucks rewards or the charges in respect thereof.

• If the promoter(s) are not able to get hold of you after making reasonable efforts to do so, or if you do not claim your prize(s) on time, you will lose your prize(s) and the judges may award it/them to someone else.
• If you fail to comply with any part of these rules, you will be disqualified and you will give up (forfeit) any prize(s).
• Unless the promoter(s) say otherwise, entry is restricted to 1 (one) entry per person and multiple entries will be disqualified.
• Unless the promoter(s) say otherwise, you can only win a prize once.
• Automated or bulk entries will be disqualified.
• The prize(s) may not be sold or given to someone else.
• The prize(s) cannot be swapped for cash or for a different prize.
• You may not attempt to do anything to change the outcome of the competition in any way.
• The judges’ decision is final and no correspondence will be entered into. This means that you cannot appeal any decision made by the judges.
• The promoter(s) have the right to end this competition at any time. If this happens, you agree to waive (give up) any rights that you may have about this competition and you agree that you will have no rights against the promoter(s).
• The promoter(s) reserve the right to change the rules of the competition. The promoter(s) can change the rules of the competition throughout the duration of the competition. For convenience only, the date on which these rules were last amended will be shown below the heading. It is your responsibility to check the rules for amendments.
• The clauses in these rules are severable. This means that if any clause in these rules is found to be unlawful, it will be removed and the remaining clauses will still apply.
• Where any dates or times need to be calculated in terms of these rules, the international standard time: GMT plus two hours will be used.
• Whilst the promoter(s) may allow you extra time to comply with your obligations or may decide not to exercise some or all of their rights, or may waive certain requirements, the promoter(s) can still insist on the strict application of any or all of their rights at a later stage. You must not assume that this means that the rules have been changed or that they no longer apply to you.
• You must send all legal notices to: FNB Legal, 3^rd Floor, No. 1 First Place, Bank City, Cnr Simmonds and Pritchard Streets, Johannesburg, 2001.
• This competition and its rules will be governed by the laws of the Republic of South Africa (regardless of where you live or work or where or how you enter).
• These rules will be applied and interpreted by the promoter(s) and their decision regarding any disputes relating to the meaning and/or content of the rules will be final and binding.
• The use and processing of personal information will be subject to FirstRand’s Privacy Policy.