co-lab terms and conditions

  1. The promoter is K-Way (Pty) Ltd (“the Promoter”).
  2. The promotional competition is open to all South African residents in possession of a valid identity document, except any director, member, partner, employee, agent or consultant of the Promoter, the marketing service providers or any person who directly or indirectly controls or is controlled by these entities, including their spouses, life partners, business partners or immediate family members.
  3. . Any participant under the age of 18 years must be fully assisted by his/her guardian, who approves of and consents to the participant’s participation in the competition and the participant’s receipt/possession of the prize
  4. This promotion is open from 16 August – 15 September 2019.
  5. . To enter, participants are required to submit their original design in a 300mmx300mm seamless pattern to K-Way and their preferred influencer who is partnered with the competition by means of 1) participant uploads their original design to their personal Instagram newsfeed 2) participant tags chosen influencer by their Instagram handle and tags @kwaysa and 3) participant to email a high resolution PDF to
  6. If the image is not supplied in the above mentioned format the participant will be disqualified.
  7. The artwork entered must be an original piece and any attempt to not use an original piece of artwork will lead to automatic disqualification.
  8. The winner’s original artwork will be featured on a bespoke K-Way Down jacket which they will given to them as their prize.
  9. The winners will be required to provide their full names, ID numbers and contact details and to sign a memorandum of agreement.
  10. . For one year after the signing of the contract they cannot collaborate with a competing retailer.
  11. . The winner may be required to provide a professional image of him/herself to the Promoter to use in the promotion of the K-Way Co-Lab campaign which may be used across the Promoter’s platforms (in-store, print and digital) and on external media. The Promoter may arrange a professional photo-shoot or prize hand over to obtain the image and the winner shall make him/herself available for such photo-shoot or hand over;
  12. The design should be produced exclusively for the K-Way Co-Lab competition.
  13. The final winners will be selected by a team of judges on 17 September 2019 and will be notified by email, where the winners will be required to verify their details. The Promoter (or its agent) will endeavour to contact the prize winner once every day for 5 consecutive working days after their name is drawn. If the prize winner cannot be contacted during this period, the prize will be forfeited and another winner will be selected in accordance with the rules.
  14. A copy of these rules can be found on throughout the period of the Competition.
  15. The Promoter reserves the right to name winners publicly and any other place where the Promoter deems fit. By entering the competition, prize winners agree to the publication of their name by the Promoter.
  16. Failure to claim the prize or a refusal or inability to comply herewith these requirements within 2 months will disqualify the winner and a new winner will be drawn in their place at the sole discretion of the Promoter.
  17. Any personal data submitted by you will be used solely in accordance with current South African data protection legislation and the Promoter’s privacy policy.
  18. The Promoter shall not be responsible for the failure of any technical element relating to this promotion that may result in an entry not being successfully submitted.
  19. Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer or cell phone hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
  20. The Promoter reserves the right to disqualify any claim if fraud or cheating is suspected, including without limitation, through the manipulation of code or otherwise frequently falsifying data.
  21. No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.
  22. The prize is not exchangeable for cash and is not transferrable.
  23. The Promoter reserves the right to use the images taken of the winner for publicity purposes in any manner they deem fit, without remuneration being made payable to the winner. However, the winner has the right to object to these images being used by written notification to the Promoter at Cape Union Mart (Pty) Ltd, 34-36 Barrack Str, Cape Town, 8001, Att: Legal Department.
  24. By entering this competition, the participant grants us an exclusive perpetual license to reproduce images of the winning design on our K-Way Down jackets.
  25. The Promoter shall have the right to change or terminate the promotional competition immediately and without notice, if deemed necessary in its opinion and if circumstances arise outside of their control. In the event of such change or termination, all participants agree to waive any rights that they have in respect of this promotional competition and acknowledge that they will have no recourse against the Promoter or its agents.
  26. In the event that the prize is not available despite the Promoter’s reasonable endeavours to procure the prize, the Promoter reserves the right to substitute prizes of equal value.
  27. Neither the Promoter, its agents, its associated companies, nor any directors, officers or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which may be suffered by the participant.
  28. The judges’ decision is final and no correspondence will be entered into.
  29. Participation in the promotional competition constitutes acceptance of the promotional competition rules and participants agree to abide by the rules.