General Competition,
Promotion and Special offer Terms & Conditions
Honor Technologies Africa (Pty) Ltd (“Honor”)

Introduction

1. These general terms and conditions for competition, promotion and special offer terms and conditions (hereinafter the “General Terms and Conditions”) apply to competitions, promotional activities and special offers organized by Honor (collectively referred to as the “competition”).

2. In addition, each competition, promotion and/or special offer may have its own specific terms and conditions mentioned in the specific competition rules. By participating in any competition or promotion and/or by accepting any special offer, you will be deemed to have read, acknowledged, understood and accepted these specific rules and these terms and conditions.

General

3. No person may enter a competition, promotion or accept a special offer on behalf of a third party. These General Terms and Conditions are to be read with any specific competition guidelines provided - failure to abide by these General Terms and Conditions and/or specific competition guidelines may lead to disqualification.

4. The competition is exclusive to South African residents and the following persons may not participate in the competition – minors / under 18 years, directors, partners, employees, agents or consultants, marketing service providers, and their spouses, life partners, business partners or immediate family members of the organizer and the collaborators of the competition.

5. For purposes hereof, "affiliate" means our partners, co-promoters and sponsors of this promotion, 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.

6. Honor and its affiliates’ decision in respect of all competition related matters is final and no correspondence will be entered into or appeals considered.

7. Should Honor or its affiliates make any indulgence or deviate from these terms and conditions such indulgence or deviation shall not be misconstrued as a breach or waiver of these terms and conditions and/or any rights of Honor.

8. Honor reserves the right to cancel, modify or amend the competition at any time should it, in its sole opinion, deem it necessary.

9. These terms and conditions will be construed, interpreted, and enforced in accordance with the laws of the Republic of South Africa.

10. The clauses in these terms and conditions are severable from each other. If any clause or part thereof is found to be unenforceable by operation of law, then such clause or part thereof shall be severed from these terms and conditions, and the remaining clauses and parts thereof shall remain in force.

11. By entering a competition / promotion / social media challenge you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.

Reward

12. Prize winner(s) will be selected from the combined entries, by a random manual draw after the closing date of the competition, unless–
12.1. it is an ex-gratia gift gifted at the discretion of Honor and/or its affiliates, in which case the Participant will have the right to accept or reject the special gift; and
12.2. it is a promotion where participation is by virtue of a purchase, or any other condition, in which case the prize is attached to a purchase or condition.

13. All reasonable steps shall be taken by Honor to contact prize winner(s) via social media / provided contact details. If a winner does not respond to Honor’s notification close of business 5 days after the notification to the provided contact information, the Honor team reserves the right to withdraw prize entitlement and the prize will be forfeited with no compensation. Prize(s) are not negotiable or transferable and may not be exchanged for cash. No prize may be accepted by a third-party on behalf of a winner.

14. Participants or prize winners have the right to reject or accept a prize, or gift in which case the prize or gift will be forfeited and regifted at Honor’s discretion.

15. Prizes are subject to stock availability and any promotion, competition or social media challenge shall immediately terminate once stock is no longer available. Honor reserves the right to alter any prize and may at its own discretion substitute the Prize with something else.

Data Privacy

16. By entering the competition, The Participants agree to Honor’s Privacy Statement which sets out our commitment to data processing, retention and safeguarding practices relating to your Personal data Privacy Statement may be accessed via our Global website - https://www.honor.com/global/. You further consent to Honor processing your Personal Information as defined in the Protection of Personal Information Act 4 of 2013, as amended, for purposes of the competition which may entail us sharing your Personal Information with our third-party service providers in order to reach you.

17. Participants, by virtue of their entry into the competition, give Honor the consent to publish on Honor’s official social media platforms and other official platforms their name(s), surname(s) and/or photograph(s) should they be selected as a winner(s). The Participants may also be requested to participate in marketing activities, including having their photographs taken, being interviewed on camera or otherwise, or being filmed. The Participants acknowledge that and agree to this information may be used for future marketing activities by Honor and its affiliates and that the Participants will not be entitled to any form of remuneration for such use.

18. Honor reserves the right to request such documents as it may deem necessary to verify the identity of the Participant. Should the participant not provide such documents, the participant shall be withdrawn from the competition and/or forfeit any prize won.

Social media

19. In event that the competition requires the Participants to produce and/or create a social media post (“social media entry”) by participating in a challenge and/or by tagging any of Honor’s official social media accounts, the Participant hereby–
19.1. Acknowledges and agrees that they must follow all HONOR ZA social media accounts in order to be eligible for the prize.
19.2. Grants Honor and its affiliates the permission to use the Participant’s likeness in a photograph, video, voice recording, or other digital media in any and all of its commercial publications / marketing projects, including but not limited to web-based publications, without remuneration whatsoever.
19.3. Grants Honor and its affiliates the permission to repost the Participant’s social media entry, which Honor may edit, alter, copy, exhibit, publish, or distribute for purposes of Honor’s future marketing activities, without remuneration to the Participant.
19.4. The Participant shall use only their original works and shall not infringe on any third-party intellectual property rights; and
19.5. The Participant shall undertake that any intellectual property belonging to third-parties used on the social media entry is used with the express consent of the original owner as such, the Participant indemnifies Honor and its affiliates, to the extent permitted by law, from any third-party claims against Honor or its affiliates in respect of the use of the social media entry content and any purported violations of intellectual property rights.

Intellectual Property Rights

20. HONOR retains ownership of the original content created under any social media challenge and the Participant grant HONOR a non-exclusive, worldwide, royalty-free license to use, reproduce, alter, distribute, and display the social media entry for promotional and marketing purposes related to HONOR's latest smartphone launch or other marketing initiatives.

21. If a music instrumental or any other original digital work (“restricted use works”) is shared with the Participants for purposes of social media challenge, HONOR and/or its partners and/or collaborators, the Participant shall be granted a limited, non-exclusive, royalty-free license to use the restricted use works solely for the purposes of this social media challenge only for the period of the social media challenge / competition.

22. In the event that the Participant uses their music or any other music they do so at his own risk and undertake to secure all necessary consents and approvals. Further, the Participant hereby indemnifies HONOR from any and all claims, causes of action, suits, damages or demands, arising out of any infringement of intellectual property rights used by the Participant in the course of the social media challenge.

Limitation of liability

23. To the extent permitted by Consumer Protection Act and any other applicable law:
23.1. The Participant(s) and/or winner(s) accept the gift / prize as is and hereby indemnifies Honor and its affiliates 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 relating to the provision of the gift / prize or participation in the competition.
23.2. Honor and its affiliates will not be responsible, 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 any Participant due to the use by a Participant, (or any person) of any gift / prize.