MSME Terms & Conditions

NATIONAL PRESIDENTIAL MSME AND COOPERATIVE AWARDS: TERMS AND CONDITIONS

1. BACKGROUND

1.1. The national presidential MSME and cooperative awards (the Awards) conducted by the Department of Small Business Development (the Department) has appointed an organising committee to plan, coordinate and execute the Awards.

1.2. Applications open on 02nd Sep 2024 and close on the 13th September 2024

2. APPLICANTION RULES & ELIGIBILITY

Any person can nominate a applicant under the following categories via the website (https://msmeawards.co.za/):

• Rural Based MSME of The Year

• MSMEs Owned by Persons with Disabilities of The Year

• Social Enterprise of The Year

• Startup of The Year

• Township MSME of The Year

• Women Led MSME of The Year

• Best Performing Rural CBI of The Year

• Youth Led MSME of The Year

• Best Employing Cooperative of The Year

• Best Performing Urban (Township) CBI of The Year

• Breaking Ground MSME of The Year

• Business Development Service Provider of The Year

• Homegrown MSME of The Year

• Cooperative of The Year

2.2. Definitions, descriptions and eligibility criteria for each of the award categories can be found on this link (https://msmeawards.co.za/);

2.3. Applications are not open to (i) any director, member, partner, employee, agent of or consultant of the Department or of the advertising or promotion agencies or anyone associated to the Department and its entities, and (ii) such prohibition extends to any spouse, life partner, immediate family members or business partners or any associate of persons listed in (i), and (iii) sponsors who provide financial or non-financial contributions to the awards.

2.4. Limitations on number of entries per category

2.4.1 Up to a maximum of 2 application per MSME will be permitted.

2.4.2 Each category applications must be submitted separately.

2.5. Applicants will be notified by email of their application, upon which they will be required to submit supporting documentation for adjudication purposes.

2.6. All correspondence regarding entry/application will be directed to the person named on the application form. Please ensure that this person is the most relevant contact; and

2.7. There is no applicable fee payable to submit a application for the Awards.

3. ADJUDICATION STAGES

3.1 Initial Selection:
Bedrock AI, powered by Amazon, will review all applications to shortlist eligible candidates.

3.2 District-Level Pitch Competitions:
Selected candidates will participate in district-level pitch competitions. One finalist per category will be chosen from each district.

3.3 Provincial-Level Pitch Competitions:
District finalists will compete at the provincial level, with one winner per category selected from each province.

3.4 National-Level Competition:
Provincial winners will compete at the national level. The adjudication committee will select the top three winners per category.

3.5 Final Audit and Announcement:
An independent auditing firm will verify the results and determine the winner and runners-up. The final results will be announced at the National Presidential MSME and Cooperative Awards 2024 in Johannesburg.

– National Awards Invitation:
All provincial winners will be invited to the national awards ceremony.

– Finality of Decisions:
The decisions of the adjudication committee are final, and no further correspondence or appeals will be entertained.

4. AWARD PRIZE

• Winners:
Each of the 14 category winners will receive a cash prize of R200,000 and R100,000 worth of Technology Transfer Assistance (TTA).

• 1st Runners-Up:
Each 1st runner-up will receive R60,000 worth of TTA.

• 2nd Runners-Up:
Each 2nd runner-up will receive R50,000 worth of TTA.

• Additional Prizes:
All runners-up and category winners will receive a certificate and a trophy.

• Non-Transferability:
The awards and their associated prizes are not transferable, negotiable, or exchangeable for cash.

4.1 Representations and Warranties

The Applicant represents and warrants that:

4.1.1. it agrees to the application.

4.1.2. it is an entity duly registered and incorporated and validly existing under the laws of South Africa;

4.1.3. the entry into the Awards do not and will not: (i) conflict with any provision of its legal requirements; (ii) conflict with or result in a breach of any of the terms or provisions of or constitute a default or termination event (however described) under any agreement, mortgage or notarial bond or other instrument to which it is a party or which is binding upon it or any of its assets or revenues; (iii) or exceed any limit on its powers; and

4.1.4. it has the authority, capacity and has taken all necessary action to authorise its entry into the Awards.

4.2. Image Rights

4.2.1. The Department and its organising committee will use or display the Applicant’s name, voice, likeness, image, appearance, or biographical information in, on, or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs, advertising, publicity, sales and marketing brochures, books, magazines, CDs, DVDs, tapes, or any other print or electronic media or other publications anywhere in the world for an indefinite period for the purpose of promoting the Awards.

4.2.2. The Applicant consents to the use or display of their name, voice, likeness, image, appearance, or biographical information in, on, or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs, advertising, publicity, sales and marketing brochures, books, magazines, CDs, DVDs, tapes, or any other print or electronic media or other publications anywhere in the world for an indefinite period by the Awards and the Department for the purpose of promoting the Awards.

4.2.3. The Applicant waives and releases the Awards and its organising committee from any claim for remuneration resulting from the use or display of the Applicant’s name, voice, likeness, image, appearance, or biographical information in, on, or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs, advertising, publicity, sales and marketing brochures, books, magazines, CDs, DVDs, tapes, or any other print or electronic media or other publications.

4.3. Processing of Personal Information (as defined in the Promotion of Access to Information Act, Act No. 2 of 000 and Protection of Personal Information Act, Act No. 4 of 2014).

4.3.1. It is recorded that the information in relation to the Applicant, the application form and the documents contemplated in the Awards, provided to the organising committee from time to time may constitute personal information;

4.3.2. The applicant understands the purpose for which their personal information is required and for which it will be used for and consent to third parties accessing such personal information and to award organisers to share personal information for reporting purposes.

4.3.3. The Applicant specifically and unconditionally consents to the Awards and the Department –

o Processing –within the Department, or the organising committee any other entity related to it, or with whom it is in a joint venture and/or partnership or similar arrangement, or any Entity that renders services to the organising committee or otherwise conducts business under a name which includes the organising committee or any variation thereof (including their subsidiaries, parties that are related or inter-related to them and/or their affiliated companies, to the extent applicable) and/or any trust founded by the organising committee for its own operations and/or any entities that are related and/or inter-related to those trusts, as the case may be, and all such entities’ successors-in-title and/or practice, (wherever any such members may be located, including in countries which may not have data-protection laws similar to South Africa);

o on infrastructure belonging to any third party with whom the organising committee and/or any member of the Department enters into an operator agreement;

o the personal information which the Applicant or any of its subsidiaries, affiliates, consultants or advisors, or employees provide to the organising committee, for any purpose in order for the Department / organising committee to agree to selecting the Applicant for the Awards;

o storing any and all information constituting personal information for an indefinite period;

o transmitting such personal information to other persons (wherever they may be located, including in countries which may not have data-protection laws similar to South Africa) as the Department and the organising committee may deem necessary for the purposes of implementing the Awards; and

o keeping any documentation or other instruments provided to the organising committee pursuant to the Awards.

4.3.4. The submission by the Applicant of any personal information to the Department and/or any members of the organising committee in any form in respect of these Awards, constitutes an acknowledgement by the Applicant that such conduct is authorised and constitutes an unconditional, specific and voluntary consent to the processing of such information.

4.3.5. The Applicant understands and gives consent that their personal information, including in the form of photographs or video recordings may be processed for the Department’s marketing or related programs, as well as any Department’s events on television or other transmission or broadcasting platforms including the internet or Apps that are used in the broadcasts.

4.3.6. The Applicant confirms that it has obtained the consent of the shareholders and the subsidiary/ies of the Applicant, as the case may be, whose personal information is provided to the Department and/or the organizing committee for the processing of such information by the Department and organizing committee for the aforementioned and related purposes. The Applicant hereby indemnifies and holds harmless the Department and the organizing committee against any loss, liability, damage or expense (including interest and penalties) suffered or incurred by the Department due to the Applicant’s failure to obtain the necessary consent.

5. INDEMNITY

5.1. The Department reserves the right to amend, postpone, suspend or cancel the Awards immediately and without notice. In the unlikely event of such happening, as far as the law allows, all Applicants acknowledge that they will have no recourse against the Department.

5.2. The Applicant indemnifies the Department, its partners, its organising committee, its members, directors and employees against all claims, losses, intellectual property theft, demands, actions, damages and causes of action whatsoever arising directly or indirectly out of acts connected with or arising out of the Awards, whether suffered by them or any other third party, and they hold the Department harmless there from.

5.3. The Applicant agrees that the Department, its partners, its organising committee, its officers, employees and agents will not be and/or are not responsible for any injuries, property damage or liability that may arise from their participation in the Awards.

5.4. The Applicant assumes full responsibility for their decision to participate in the Awards.

5.5. The Applicant releases and agrees to indemnify and hold the Department, its partners, its organising committee, its officers, employees and agents free and harmless from any and all costs, losses, expenses, damages (direct, indirect, consequential or otherwise), claims, suits, causes of action or any other liability or responsibility whatsoever, including attorney’s fees and related costs, resulting from any injury to any persons or damage to or theft of property arising out of, or which in any manner be connected with the Awards.

6. GENERAL

6.1. The laws of the Republic of South Africa shall govern the Awards’ terms and conditions, and the courts of South Africa shall have exclusive jurisdiction.

6.2. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.

6.3. For further information including dates and operating times of the Awards or to request a copy of these terms and conditions go to the following (https://msmeawards.co.za/).

CONDITIONS FOR APPLICANTION

The Applicant by participating in the Awards agrees to the terms and conditions provided herein. These Terms and Conditions will prevail in the event of any conflict or inconsistency with any other communication sent to an Applicant.

MSME Terms & Conditions

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