Your design could be on one of our next pencil cases in our ‘Butterfly Designed By You’ competition!

Agreement on Participation in the ‘Butterfly Designed By You’ competition (hereinafter referred to as the “Competition”). This competition is hosted by Butterfly Products (Pty) Ltd (hereinafter referred to as the “Organisers”) to shortlist artwork submitted by the public to be used on our product/s intended for resale purposes. By entering the competition, you confirm that you have carefully read and fully understood the terms, conditions and participation agreement and agree to abide by the relevant rules. You also agree to follow the entry steps mentioned in the social media post.

Eligibility and Entry Requirements:

• This competition ends on 26 April 2024, 2 pm (SAST).
• You must follow our Butterfly Products Facebook page for your entry to be considered valid.
• To qualify as an entrant in the competition, you must be a citizen or permanent resident of South Africa, currently residing in South Africa, be 18 years old or older at the date of the draw, and possess a valid South African identity document.
• If you are under 18 years old, your parent or legal guardian must submit your entry on your behalf and agree to these terms and conditions on your account before you can participate in the competition.
• Contestants must ensure that their work is original and has not been authorized for commercial use by any organization or individual (whether paid or unpaid). Additionally, ensure that submitted works do not breach any third-party rights, including but not limited to intellectual property rights, portrait rights, reputation rights, privacy rights, etc. Contestants shall bear all legal liabilities for any disputes arising from the breach of the above guarantees, which have no association with the Organisers. Contestants must return all gifts and benefits obtained from the Organisers and compensate for all losses incurred by the Organisers due to such breaches.
• Employees, their immediate family members, and affiliates of the Organisers are not eligible to participate in the competition to avoid any conflicts of interest.

Disqualification Criteria:

Entrants will be disqualified if any of the following situations occur:

• Works determined by the panel of judges to involve plagiarism.
• Failure to meet the entry requirements during judging.
• Provision of fake materials or breach of relevant laws and regulations.
• Breach of any legal rights of a third party, including but not limited to intellectual property rights and personality rights.
• Submission of objectionable content, including but not limited to promoting illegal activities, explicit violence, discrimination, or content that may cause harm or damage under applicable laws.

Rights and Use of Entries:

• The Organisers reserves the legal right to use all entries provided in this competition. Participants agree and authorize the use of their submitted works for reproduction, retail, and marketing purposes, without notification or consent required.
• The Organisers may license the use of submitted works to partners for the aforementioned purposes.
• Copyright of winning entries belongs to the Organisers.
• The winning pencil case design will be included in mass production alongside a variety of other designs, which will be randomly distributed among retailers in South Africa.
• The Organisers cannot specify the exact stores where the design will be available.
• The Organisers reserve the right to modify the design as deemed necessary.

• By entering the competition, participants grant the Organisers the right to use their name, likeness, and submitted artwork for promotional purposes related to the competition, without additional compensation.

Competition Procedures:

• The designs submitted by entrants will be evaluated based on creativity, as determined by the organizers.
• Winners are required to submit high-resolution photos, PDFs, or other electronic files or scans of the original artwork. They may email files that are smaller than 5mb to social@butterflysa.co.za. Files over 5mb may we sent via WeTransfer/Dropbox or other file sharing platforms.
• The Organisers reserve the right to terminate the Competition with immediate effect, without notice.
• The winners will be publicly announced on our @ButterflyProducts Facebook page. They will have a period of 7 days from the date of announcement to respond and claim their prize by providing us with their delivery and contact details. Failure to respond within this period may result in forfeiture of their prize.

Production and Distribution:

• The selected winner’s pencil case design will become part of mass production alongside a variety of other designs. These designs will be distributed randomly among retailers across South Africa. The Organisers cannot specify the exact stores where the design will be available.
• The Organisers reserve the right to modify a design to suit production needs, ensuring feasibility and quality standards are met.

Partnership Disclaimer:
Nothing in this Agreement shall create any partnership or agency relationship between participants and the Organisers. Neither party shall assume any liability obligations or costs, or enter into any contracts or engagements on behalf of the other party.

Prize Details:

• The main prize will consist of a Butterfly Products hamper, the value and contents of which will be determined by the Organizers. Additionally, there may be runner-up prizes, the details of which will also be determined by the Organizers.
• The Organisers reserve the right to determine the winner/s prize value, makeup, and timelines for awarding them.
• The prize/s will be delivered to winners within a period determined by the organizer, not exceeding 7 months from the date of announcement.

Dispute Resolution:

• Any dispute, controversy, or claim arising out of or relating to this competition, including its breach, termination, or validity, shall be resolved by arbitration in accordance with the rules of the South African Arbitration Association. The arbitration shall take place in Johannesburg, South Africa, and shall be conducted in the English language. The decision of the arbitrator(s) shall be final and binding on all parties, and judgment upon the arbitration award may be entered in any court of competent jurisdiction.
• By entering the competition, the entrants agree to waive their right to pursue claims in court and instead agree to resolve disputes through arbitration.

Data Protection:

By participating in this competition, you consent to the collection, use, and disclosure of your personal information by Butterfly Products (Pty) Ltd for the purpose of administering the competition and awarding prizes. We will handle your personal information in accordance with applicable data protection laws and our privacy policy. Your personal information may be shared with third parties involved in the administration of the competition, including but not limited to judges, partners, and service providers. We will not use your personal information for any other purpose without your consent, unless required or permitted by law. You have the right to access or correct your personal information held by us.

Platform Disclaimer:
The competition is not sponsored, endorsed, administered by, or associated with Facebook or Instagram.

Contact Information:
For any queries about the competition, please feel free to contact the Organizer for more information. You may direct message us on our Butterfly Products Facebook page or email social@butterflysa.co.za.