1.1  BABIES R Us may process winner’s personal information and/or special personal information in respect to any Minor(s) that may be included in whole or part in any materials produced, with BABIES R Us employees, contractors, or agents for the purposes of this competition, which processing will be in accordance with the Protection of Personal Information Act No. 4 of 2013.

1.2  BABIES R Us has the right to use the winner’s names, likeness and other personal information in conjunction with a competition video on the following, but not limited to, media platforms, to showcase BABIES R Us’ marketing initiatives:

1.2.1 BABIES R Us & TOYS R Us South Africa Facebook Pages;

1.2.2 BABIES R Us & TOYS R Us South Africa Twitter Accounts;

1.2.3 BABIES R Us & TOYS R Us South Africa Instagram Accounts;

1.2.4 BABIES R Us & TOYS R Us South Africa YouTube Channels;

1.2.5 BABIES R Us & TOYS R Us South Africa websites and blogs;

1.2.6 BABIES R Us & TOYS R Us South Africa TikTok Accounts;

1.2.7 BABIES R Us & TOYS R Us South Africa Pinterest Accounts;

1.2.8 As well as print and voice media.

1.3        By entering into this Competition, the Entrant hereby agrees to the following:

1.3.1 That the entrant has been duly informed of the rights accrued in terms of the POPI Act and specified the manner in which it will process the personal information and/or special personal information in terms of the POPI Act.

1.3.2 In consideration for participation in the Competition, and/or as the parent/legal guardian of any Minor(s) included in any photographs and recordings for purposes of the Competition, and hereby grants the following rights and permissions to BABIES R Us, its representatives, and assignees, those for whom the BABIES R Us is acting, and those acting with its authority and permission, the absolute right and permission to:

1.3.2.1 Use the Material in media (consumer print, out-of-door usage, POP, a collateral in-store, marketing and public relations materials, broadcast media, cable, radio, internet, social media platforms), internal use by BABIES R Us, public relations, point of purchase, go-cards, packaging, all forms of print, collateral, corporate advertising, in-cinema and industrial use as well as for education documentary and informative purposes, for all types of internal or external non-commercial communications such as for instance but not only, the BABIES R Us website terms and conditions, annual report and press pack under the terms and conditions of this Competition, and such usage shall not give rise to remuneration.

1.3.2.2  Take, use, re-use, publish, and re-publish the material of the Entrant, family members and/or the Minor(s) in which they may be included in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the names of the respective parties, or reproductions of such Materials in colour or otherwise, made through any medium at a studio or elsewhere, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. The Entrant consents to the use of any published matter in conjunction with such photographs.

1.3.3  The Entrant acknowledges that in connection with the production or anticipated production of the Material that they hereby release and indemnify BABIES R Us, its affiliates and subsidiaries and/or its respective agents, directors, officers, shareholders, employees, representatives and all persons acting on their behalf from any and all claims, demands, causes of action, costs, expenses or other liabilities that may arise from any and all injuries that the Entrant and/or any Minor(s) may sustain as a direct, indirect or consequential result of the use of the Material (hereinafter “Claims”).

1.3.4  The Entrant hereby irrevocably consents to the unrestricted right to the processing and publication of Materials of the Entrant and/or Minor(s) in which the Entrant may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without their respective inspection and/or approval. The Entrant hereby release BABIES R Us and its representatives and assignees from all claim and liability relating to said Materials and the Entrant or any Minor(s) included for purposes specifically consent to the digital compositing or distortion of the portraits or pictures, including without any restriction any changes or alterations as to colour, size, shape, perspective, context, foreground or background. The Entrant waives any right that they or the Minor(s) may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such Material or the use to which it may be applied.

1.3.5  The Entrant hereby releases and discharges and agrees to hold BABIES R Us, its representatives or assignees, and all persons acting under his/her permission or authority or those for whom he/she is acting, free from any liability by virtue of any reason in connection with the making and use of such Material, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur to be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any Claim for libel or violation of any right or publicity or privacy.

1.3.6 Notwithstanding the above release and indemnities, the Entrant and/or Minor(s) shall have the right to claim authorship in the work, and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the Entrant and/or Minor(s) including but not limited to the use of the Material for illegal purposes.

1.3.7 If any Minor(s) are included in whole or in part in the Materials, the Entrant hereby warrants that they are a legally competent adult and a parent or legally appointed guardian of the Minor(s), and that they have the necessary capacity to contract for the Minor(s) in the above regard. Furthermore, the Entrant warrants that they have read the above authorisation, release and these terms and conditions prior to its execution and that they are familiar with the contents and hereby consent to the release. This release shall further be binding on the Entrant and/or Minor(s) and their respective heirs, representatives and assignees.

1.4  Whilst every precaution is taken to ensure that personal information (and special personal information) in possession is kept secure, we cannot be held liable in the event that information is breached by an unauthorised third party where we could not have foreseen, and where we have not been reckless or grossly negligent in terms of our compliance with the Protection of Personal Information Act 4 of 2013. In the event of a breach, BABIES R Us will take every necessary precaution to notify where applicable, the information regulator and the data subject pertaining to the breach and the measures taken to prevent any further loss of personal information and secure your account and/or information.

1.5        All Entrants may have their details removed from the BABIES R Us database by submitting written request via email to [email protected]. Take note that if the details are removed, the entrant will forfeit their right to claim any prize and will no longer be regarded as being a part of the competition.