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THE 2017 SYMPATHY SLEEPOUT™ EVENT TERMS AND ......2.Eligibility The CEO SleepOut reserves the...

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1 THE 2017 SYMPATHY SLEEPOUT™ EVENT TERMS AND CONDITIONS 1. Introduction These event terms and conditions (“Terms”) apply to the 2017 Sympathy SleepOut™ events which are owned by The Philanthropic Collection (Pty) Ltd and operated by Humanity and Co (Pty) Ltd (together, “The CEO SleepOut™”). The Sympathy SleepOut™ events for 2017 (the “Events”) will take place around the Republic of South Africa in support of the main 2017 SheEO SleepOut™ Event. Participants of the Events are required to sleep outdoors without shelter on one of the coldest nights of the year and raise funds to support the satellite beneficiaries. These Terms are binding on everyone who chooses to participate in any of the Events (“Participant”) without qualification or exception. By participating in one of the Events, the Participant agrees to be bound by and shall be regarded to have accepted to abide by these Terms, and acknowledges to have read and understood them. If the Participant does not agree to any of the Terms, the Participant should not participate in any of the Events. 2. Eligibility The CEO SleepOut™ reserves the right of admission both prior to and at all of the Events. The CEO SleepOut™ reserves the right to determine which category of Participant each Participant shall form part of. Only eligible Participants are permitted to attend the Events. 3. Conditions of participation In order to participate in a particular Event, Participants must donate items as stipulated on the wish-list of the satellite beneficiary for the particular Event that the Participant wishes to attend. The wish-list will be published together with the details of the specific satellite Event. 4. Use of name, likeness and image The Participant acknowledges that the CEO SleepOut™ is working with the media, sponsors, agents and affiliates to bring the Events to the largest audience possible. By participating in one of the Events, the Participant agrees that his/her name, photograph and/or footage may be used for promotional or advertising purposes. If you have an objection against your involvement in one of the Events being promoted or your photo or footage being used, please make this known to The CEO SleepOut™ before completing the registration. 5. Indemnity The CEO SleepOut™, The CEO SleepOut™ Trust, the beneficiaries, its sponsors, contractors, employees and agents shall not be liable for any injury (including death), claim, loss, liability, damage, cost or expense of whatsoever nature suffered or incurred by any person who participates in any of the Events, whether such injury or damage arose from negligence, gross negligence or otherwise. The Participant in any of the Events indemnifies and holds The CEO SleepOut™, The CEO SleepOut™ Trust, the beneficiaries, its sponsors, contractors, employees and agents harmless from any claim, loss, liability, cost or expense which may arise from such person’s participation in any of the Events. 6. Alcohol Free Event All of the Events are alcohol free events and any alcohol brought onto the premises will be viewed in the most serious light. Failure to adhere to this clause will result in a penalty being levied against the Participant, which penalty shall be determined by The CEO SleepOut™ at its sole discretion.
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Page 1: THE 2017 SYMPATHY SLEEPOUT™ EVENT TERMS AND ......2.Eligibility The CEO SleepOut reserves the right of admission both prior to and at all of the Events. The CEO SleepOut reserves

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THE 2017 SYMPATHY SLEEPOUT™

EVENT TERMS AND CONDITIONS

1. Introduction

These event terms and conditions (“Terms”) apply to the 2017 Sympathy SleepOut™ events which are owned by The Philanthropic Collection (Pty) Ltd and operated by Humanity and Co (Pty) Ltd (together, “The CEO SleepOut™”). The Sympathy SleepOut™ events for 2017 (the “Events”) will take place around the Republic of South Africa in support of the main 2017 SheEO SleepOut™ Event. Participants of the Events are required to sleep outdoors without shelter on one of the coldest nights of the year and raise funds to support the satellite beneficiaries.

These Terms are binding on everyone who chooses to participate in any of the Events (“Participant”) without qualification or exception. By participating in one of the Events, the Participant agrees to be bound by and shall be regarded to have accepted to abide by these Terms, and acknowledges to have read and understood them. If the Participant does not agree to any of the Terms, the Participant should not participate in any of the Events.

2. Eligibility

The CEO SleepOut™ reserves the right of admission both prior to and at all of the Events.

The CEO SleepOut™ reserves the right to determine which category of Participant each Participant shall form part of. Only eligible Participants are permitted to attend the Events.

3. Conditions of participation

In order to participate in a particular Event, Participants must donate items as stipulated on the wish-list of the satellite beneficiary for the particular Event that the Participant wishes to attend. The wish-list will be published together with the details of the specific satellite Event.

4. Use of name, likeness and image

The Participant acknowledges that the CEO SleepOut™ is working with the media, sponsors, agents and affiliates to bring the Events to the largest audience possible. By participating in one of the Events, the Participant agrees that his/her name, photograph and/or footage may be used for promotional or advertising purposes. If you have an objection against your involvement in one of the Events being promoted or your photo or footage being used, please make this known to The CEO SleepOut™ before completing the registration.

5. Indemnity

The CEO SleepOut™, The CEO SleepOut™ Trust, the beneficiaries, its sponsors, contractors, employees and agents shall not be liable for any injury (including death), claim, loss, liability, damage, cost or expense of whatsoever nature suffered or incurred by any person who participates in any of the Events, whether such injury or damage arose from negligence, gross negligence or otherwise. The Participant in any of the Events indemnifies and holds The CEO SleepOut™, The CEO SleepOut™ Trust, the beneficiaries, its sponsors, contractors, employees and agents harmless from any claim, loss, liability, cost or expense which may arise from such person’s participation in any of the Events.

6. Alcohol Free Event

All of the Events are alcohol free events and any alcohol brought onto the premises will be viewed in the most serious light. Failure to adhere to this clause will result in a penalty being levied against the Participant, which penalty shall be determined by The CEO SleepOut™ at its sole discretion.

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WEBSITE TERMS AND CONDITIONS

1. Introduction

These terms and conditions (“Terms”) apply to the website located at www.theceosleepoutza.co.za (“the website”) and the SleepOut™ Event (“the Event”) to be held at the Union Buildings, Pretoria on 8 August 2017 (or such other date and location as The CEO SleepOut™ may in its sole discretion elect). The Event, website and all intellectual property related to the Event is owned by The Philanthropic Collection (Pty) Ltd (“TPC”), the Event itself is operated by Humanity and Co (Pty) Ltd (“HC”) (together, “The CEO SleepOut™”).

These Terms are binding on everyone who chooses to access the website, participate in and attend the Event without qualification or exception. By using this website, the person accessing the website (the “User”) agrees to be bound by and shall be regarded to have accepted to abide by these Terms, and acknowledges to have read and understood them. If the User does not agree to any of the Terms, the User should not enter, view or make use of the website.

The CEO SleepOut™ reserves the right to and may occasionally make any changes to these Terms without notifying the User. If the User continues to use this website and attend the Event, after the changes have been made, this action shall represent the User’s agreement to the updated Terms. Please revisit this Terms of Use policy periodically to ensure you are aware of any such changes. The CEO SleepOut™ may, at any time, restrict your access to this website and right of admission is reserved both prior to and at the Event.

2. Disclosure of Information

The CEO SleepOut™ discloses the following information:

Physical address:

Postal address:

Telephone number: Website address: E-mail address:Registration number:Place of registration:Registration date:Names of office bearers:

Tricon House, No 1, 8th Avenue, Rivonia Johannesburg 2191 South Africa P.O. Box 4700073 Parklands Johannesburg 2121 South Africa +27 (0)11 880 [email protected]/093005/07 and 2017/029869/07Republic of South Africa.01/03/2016Alison Gregg

3. Limited Right to Use

TPC solely owns and operates this website. All materials on this website are property of TPC and are protected by law. Materials that are viewed, printed, and/or downloaded from this website are to be used only for personal use and may not be used for any commercial purposes. No materials may be copied, reproduced, modified, republished, uploaded, posted, distributed, or transmitted, without prior written consent from TPC. The use of such materials is strictly prohibited and as such unauthorized use may violate copyright, trade mark, or other laws.

The website may contain links to other websites. The CEO SleepOut™ has no control over such websites and does not review their content and will not be responsible for their content or accuracy. The User accesses such websites at the User’s own risk and judgment.

4. Communications

All communications from you to this website, in the form of comments, questions, or general feedback, will be considered non-confidential and non-proprietary. You agree that any such communications will be deemed to be the property of The CEO SleepOut™ and The CEO SleepOut™ shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such communications, for any purpose, without compensation to you. The CEO SleepOut™ may provide users with forums where they can post content to our website. The CEO SleepOut™ does not necessarily endorse, support, or agree with content posted by external users. You agree not to post any unlawful, abusive, offensive, sexually oriented, obscene, defamatory, harassing, profane, or otherwise indecent information of any kind, including without limitation any communications that would constitute a criminal offense, give rise to civil liability, or violate local, state, national, or international law, or infringe upon another organization’s copyright or trademark. You agree that you are solely responsible for the content of your communications and their legality under all laws.

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5. Conditions of Participation in Event

Should you elect to register on this website in order to participate in the Event, you acknowledge and agree to these Terms, specifically (but not limited to), the terms of this clause 5 as set out below:

You agree, in your personal capacity as well as on behalf of the company you represent (jointly and severally), that by registering on the website as a participant for the Event in 2017 (a “Participant”), you undertake to raise a minimum of R100,000 (one hundred thousand Rand) in donations for the Event.

You further agree that you shall only be entitled to participate in and attend the Event should a minimum of R100,000 (one hundred thousand Rand) be raised on your behalf for the Event in 2017 (which donations must have been paid to The CEO SleepOut™ Trust prior to the Event). In the event that less than R100,000 (one hundred thousand Rand) has been paid to The CEO SleepOut™ Trust on your behalf for the Event in 2017, the donations received shall be allocated accordingly by The CEO SleepOut™, but you will not be entitled to attend the Event.

You acknowledge that you are aware that The CEO SleepOut™ Trust will retain a portion of donations received at a percentage that equates to international norms and will at least cover the expenses for the Event in 2017 and ensure the sustainability of the Event.

You acknowledge that The CEO SleepOut™ is working with the media, sponsors, agents and affiliates to bring the Event to the largest audience possible. By participating in the Event and contributing material to this website, you are agreeing for your name, photograph and/or footage of you to be used for promotional or advertising purposes. If you have an objection against your involvement in the Event being promoted or your photo or footage being used, please make this known to The CEO SleepOut™ before completing your registration.

6. Indemnity

The CEO SleepOut™, The CEO SleepOut™ Trust, the beneficiaries, its sponsors, contractors, employees and agents shall not be liable for any injury (including death), claim, loss, liability, damage, cost or expense of whatsoever nature suffered or incurred by any person who participates in the Event or accesses and uses the website, whether such injury or damage arose from negligence or otherwise. A person participating in the Event indemnifies and holds The CEO SleepOut™, The CEO Sleepout Trust, the beneficiaries, its sponsors, contractors, employees and agents harmless from any claim, loss, liability, cost or expense which may arise from such person’s participation in the Event or use and access to the website.

7. Association with the CEO SleepOutÔ Brand

If you are not an official partner, sponsor or friend of the Event you may not:

• directly or by implication create the impression that you are a sponsor of the The CEO SleepOut™ Event;• use the The CEO SleepOut™ Event to directly or indirectly promote your company, brands or staff;• use the trade marks, logos, tag lines and identifiers of the sponsors or the The CEO SleepOut™ Event or its location; or• use the trade marks CEO SleepOut™ or SleepOut™ in any other way other than as a trade mark in association with the Event.

8. Access to Password-Protected or Secured Areas

Access to and use of password-protected or secured areas of this website is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this website. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this website. If you violate your obligations under this section, you may be subject to prosecution.

9. Monitoring

The CEO SleepOut™ will have the right to review your communications on this website to determine whether you comply with these Terms. The CEO SleepOut™ will not have any liability or responsibility for the content of any communications you post to this website, or for any errors or violations of any laws or regulations by you. The CEO SleepOut™ will comply with any court order in disclosing the identity of any person posting communications on this website. It is advisable that you review our privacy policy before posting any communications on this website.

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10. Intellectual Property

The trade marks, copyright, and other intellectual property of The CEO SleepOut™ and others used in this website ("Intellectual Property") are the property of The Philanthropic Collection (Pty) Ltd and their respective owners. You have no right to use any such Intellectual Property, and nothing contained in this website or these Terms grants any right to use any Intellectual Property without the prior written consent of The Philanthropic Collection (Pty) Ltd or the respective owner.

11. Limitation of Liability

To the extent permitted by law The CEO SleepOut™ or its suppliers, partners, or affiliates, shall not be liable for any direct, indirect, incidental, or consequential damages including, without limitation, lost revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website, or damages resulting from the use of the information or materials presented on this website, whether based on warranty, contract, delict, or any other legal basis or from any other cause even if The CEO SleepOut™ or its suppliers, partners, or affiliates, have been advised of the possibility of such damages.

12. Disclaimer

The website is provided by The CEO SleepOut™ on an “as available” basis. The CEO SleepOut™ makes no warranties of any kind, express or implied, as to the operation of this website, or the information, content, materials, or products included on this site. You agree that your use of this website is at your sole risk. You should not assume that the materials on this website are continuously updated or contain current information. The CEO SleepOut™ is not responsible for providing content or materials that have been expired or removed. To the full extent permissible by applicable law, The CEO SleepOut™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The CEO SleepOut™ does not warrant that this site, servers, or email sent from this domain are free of viruses or other harmful components.

The CEO SleepOut™ will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, or consequential damages.

13. Donation Policy

The website allows you to make donations to The CEO Sleepout™ Trust who will distribute the donations to the selected non-profit organisations, within its own discretion. If you wish to make a donation to The CEO Sleepout™ Trust in relation to a specific CEO or person who is participating in the CEO SleepOut, such donation must be made by way of a credit card payment on the website. All other donations to The CEO Sleepout Trust™ can be made by way of credit card payment, electronic funds transfer (EFT) or direct deposit into the The CEO Sleepout™ Trust bank account as specified below. The CEO Sleepout™ Trust will issue certificates to the Users who make donations in accordance with Section 18A of the Income Tax Act.

When you enter a donation amount and click on the donate button, you enter into a legally binding agreement to make payment of the donation in the amount as stipulated. The CEO SleepOut Trust™ reserves the right to claim payment of the donation amount from you should you fail to make payment in terms of the agreement. To the extent permitted by law, you will not be entitled to a refund in respect of such monies charged to your credit card or paid by you in any other way, except as otherwise provided for by our Terms. You should consult your own advisor on the tax consequences of your donation. You must not make any donation through this site unless you understand and agree all these Terms. Once payment is made for the donation, it is deemed that you have read and understood the Terms for such donation. If you have any queries please contact us using the information provided in clause 2 above before making any donations through this website.

14. Payment Options

All transactions will be processed in South African Rand (ZAR).

15. Credit Card

We accept MasterCard and Visa credit cards for payment of donations.

16. EFT (Electronic Fund Transfer)

You can also pay by way of EFT. Once you have added the donation, proceed to Checkout and follow the order processing instructions. Select the option to pay via EFT.

EFT payments must be made into the following bank account:

The CEO SleepOut™ TrustBank: Nedbank LtdBranch: Business Banking NorthAccount Number: 11 06 75 83 31Branch Code: 19 87 65Swift code: NEDSZAJJ

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17. Security Policy

PayFast processes all credit card transactions on our website. PayFast is Payment Card Industry Data System Security (PCI DSS) Level 1 Compliant. It uses Extended Validation SSL with 256-bit encryption.

PayFast is committed to providing secure online services. Their entire site, blog, payments page and help site all are served off secure servers and they run penetration testing on their system on a weekly basis to look for vulnerabilities.

Neither PayFast nor The CEO SleepOut™ will have access to credit card details.

18. Right to cancel, postpone or make changes to the Event

The CEO SleepOut™ will take all necessary and reasonable measures to avoid postponing, cancelling or significantly altering the Event. However, the User and Participants hereby acknowledge that they recognise that the socio-political environment in South Africa is volatile and that the Event may be at risk of being postponed, cancelled or significantly altered if The CEO SleepOut™ so decides. In such a case, The CEO SleepOut™ shall not be responsible for any losses howsoever caused or suffered.

The CEO SleepOut™ shall not be liable for any loss suffered by anyone of whatsoever nature arising out of delay in or prevention of performance of that person’s obligations due to any cause the adverse effects of which that person could not reasonably and practicably avoid in the ordinary conduct of that person’s business and which include war, riots, acts of God, strikes, violence, crime, protests and extreme adverse weather conditions.

19. Law

The entire provisions of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the parties to these Terms hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these Terms.

20. Updating of these Terms

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms from time to time. Changes to these Terms will become effective upon such changes being posted to this website. It is the User’s obligation to periodically check these Terms on the website for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms, including such changes or updates.

21. Consent

The User understands that all the designs and trade marks are owned and registered to The Philanthropic Collection (Pty) Ltd and hereby accepts these Terms. The User undertakes not to copy or duplicate the trade marks and designs directly or indirectly in anyway and understands the legal implications thereof.

Should the User be found to be in violation of these Terms, the User understands that it will be held liable for all legal costs incurred by The CEO SleepOut™ or The CEO SleepOut™ Trust for any civil action or any legal action deemed necessary against the User.

22. General

If you have any questions regarding these Terms, please contact [email protected].


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