Terms & Conditions

1.     Promoter’s Details
  • The Best Jobs in Africa Prize Draw is being run by Appletree Digital Commerce Private Limited registered in Zimbabwe (Company Registration number 5625/2014)  (referred to herein as “Appletree” or “The Promoter”) and is subject to the Rules of the Promotion.
  • Authorised in terms of Lotteries and Gaming Act [Chapter 10:26] (Lottery Licence Number: 9545394)
 
2.     Applicable Promotion Rules

(a) These Promotion Rules provide the general terms and conditions applicable to The Best Jobs in Africa Prize Draw.

(b) The Promoter reserves the right to amend, modify or change these rules at any time during the Promotion.

(c) A failure by the Promoter to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any Participant. If The Promoter does not enforce a provision, this will not mean that The Promoter has given up on or lost any rights.

 
3.    Voluntary participation

(a) Participation in “The Best Jobs in Africa” Prize Draw is voluntary. By entering, all participants agree to be bound by the rules which will be interpreted by The Promoter’s appointed judges whose decision regarding any disputes shall be final and binding.

 
4.    Eligibility

(a) Entry is only open to respondents who:

  • are at least 18 years of age or older at time of entry; and
  • have contributed USD 20.00 or more towards our crowdfund; and
  • provide their names, a valid email address or phone number for contact purposes; and
  • comply with the terms and conditions herein.

(b) Persons who fulfil the requirements of clause 4(a) above will be referred to as “Qualifying Participants” for the purposes of the Prize Draw.

(c) The Promoter collects personal information from all Participants in order to conduct the promotion and to complete this prize draw.  If the requested information is not provided, the Participant will not be eligible to participate in the prize draw or to claim a prize and their entry may be discarded. If you do not consent, please do not enter the Promotion.

(d) Multiple entries per person are permitted.

(e) Entries on behalf of another person will not be accepted and joint submissions are not allowed.

(f) Neither the Promotion nor the awarding of the prize is open to:

  • employees of the Promoter;
  • parties to whom the Promoter has contracted work in relation to the Promotion;
  • parties who are otherwise directly involved with this Promotion; or
    • any immediate family member(meaning, spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) of the above-mentioned parties.
    • those living in the same household (whether or not related) of the above-mentioned parties.
 
5.    Duration of entry period

This promotion will run from Tuesday 21st June to 12:00pm to TBA.

 
6.    The Prize Draws

(a) The prize draws will be conducted at TBA. Winners will be selected through a verifiably random process from among all the qualifying participants.

(b) All daily Qualifying Participants will be entered into a draw and will stand a chance of winning one of thirty seven (37) Prizes consisting of;

  • Brand New Fully Furnished Apartment in Upmarket Cluster Development,
  • Brand New Toyota Hilux Xtra Cab,
  • USD 25k Salary for a year working for Appletree Digital Commerce learning about E-commerce,
  • USD 25k Capital to setup own e-commerce business.

(c) All Qualifying Participants who have not won a Prize will be entered into the Grand Prize Draw with a Prize which consists of;

  • Fully Furnished Home in the Exclusive Section of Harare’s #1 Postcode,
  • An 11 Bedroomed Guest Lodge with Restaurants + USD 250k Working Capital,
  • Brand New Toyota Land Cruiser Prado,
  • Brand New Toyota Hilux Xtra Cab,
  • Low Mileage Yellow Lamborghini Gallardo.

(d) The prize is non-exchangeable, non-transferable, and is not redeemable for cash or any other prize.

(e) The Promoter retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available.

(f) The winner may be required to take part in promotional activity related to the Prize Draw and the winner shall participate in such activity on The Promoter’s reasonable request.  The winner consents to the use by The Promoter and its related companies, both before and after the closing date of the Prize Draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by The Promoter and its related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Prize Draw, all entrants consent to the same.

 
7.    Disqualification of Qualifying Participants

(a) The Promoter may disqualify any entrant whose entry does not comply with these terms

and conditions (in The Promoter’s sole opinion) or who, in Promoter’s sole determination, has acted in a manner that is fraudulent, dishonest or unjust to other Qualifying Participants including, without limitation, tampering with the operation of the prize draw, manipulating or rigging votes, hacking, deceiving, cheating or by harassing or threatening other Qualifying Participants or a representative of The Promoter.

(b) If for any reason, the Promotion cannot run as planned because of any technical failures, unauthorised intervention, computer virus, mobile network failure, stock unavailability, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, The Promoter reserves the right to disqualify any Qualifying Participants who (whether directly or indirectly) causes (or has caused) the problem.

(c) If a Qualifying Participant is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner will be selected using a verifiably random process from among all remaining Qualifying Participants who have not won any prize. This process will be repeated until the Prize(s) is awarded. Any alternate Potential Winner will be notified as per the procedures outlined in the terms and conditions herein.

 
8.    Publication of winner names

(a) The winners will be notified by email within 24 hours of the draw.

 
9.    Unclaimed prize draw

(b) Winners must claim their prize and confirm contact details by return email within 7 days of the date of notification.  In the event that a winner has not validly claimed their prize within 14 days of the date of notification, that prize will be forfeited and no compensation will be payable.  Prizes that have not been claimed within the 14 days of the date of notification will be re-judged. The winner will be notified by email within 24 hours of the draw.

 
10.  Exclusion of Liability

(a) To the maximum extent permitted by law, the Promoter is not liable for any loss suffered or sustained by any Participant or any other person including but not limited to consequential (including economic) loss by reason of any act or omissions, deliberate or negligent, by the Promoter or its employees or its contractors or its agents in connection with supply of the prizes awarded to the prize winners.

(b) The Promoter’s decision on all matters pertaining to this Promotion will be final.

(c) The Promoter is under no obligation to provide reasons for any of its decisions.

(d) The Promoter is under no obligation to engage in any form of correspondence whatsoever with Participants or their representatives in matters relating to the Promotion.

(e) A prize must be taken as offered and cannot be varied.

(f) A winner may be liable to declare a prize for tax purposes.  The Promoter takes no responsibility for any tax payable on a prize.  If any tax is payable on a prize, it is the sole responsibility of the winner.  Independent financial advice should be sought.

(g) The Promoter accepts no responsibility if the prizes are lost, stolen, damaged or tampered with in any way.

(h) The Promoter does not take responsibility for misdirected mail or mail received late and the Promoter will not be liable for any loss resulting from the transit of prizes.

(i) The Promoter accepts no responsibility for any costs associated with the prize and not specifically included in the prize (including, without limitation, travel to and from the awards ceremony).

 
11.   Indemnity

(a) All participants and winners indemnify The Promoter, their advertising agencies and partners against any and all claims of any nature whatsoever arising out of and/or from their participation in any way in this promotion (including as a result of any act or omission, whether negligent or otherwise on the part of The Promoter).

 
12. Refunds

(a) All refunds must be requested:

before any of the 4 rewards are downloaded; and
within five (5) days of the contribution; and
before the expiry of the crowdfunding campaign.

(b) For a refund or cancellation of your contribution in the crowdfunding campaign, please email customer service at
support@tomato.africa.
(c) After we receive your cancellation/refund request, the team will process your request and determine whether you are eligible for a cancelation/refund. Please allow at least fourteen (14) days from the receipt of your request to process your refund. Refunds may take 1-2 billing cycles to appear on your card statement, depending on your card company. We will notify you by email when your return has been processed.
 
 
13. Force majeure

(a) In the case of any intervening outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, pandemics, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions

14. Privacy

(a) The Promoter collects personal information from all Participants in order to conduct the promotion and to complete this prize draw. If the requested information is not provided, the Participant will not be eligible to participate in the prize draw or to claim a prize and their entry may be discarded.

15. Applicable Law

(a) This Agreement shall be governed by and construed in accordance with the Law of Zimbabwe and Qualifying Participants to the prize draws submit to the jurisdiction of the Zimbabwean courts.

16. Inconsistency

(b) To the extent that there is any inconsistency between these terms and conditions and any other published material, these terms and conditions herein will prevail.

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