TERMS AND CONDITIONS GOVERNING PARTICIPATION IN “THE 2020 EAST AFRICA FOUNDER OF THE YEAR AWARDS NOMINATION AND VOTING PROCESS” (“#2020FOYAEA”)

The following terms and conditions apply exclusively to the aforementioned #2020FOYAEA and all Participants in the #2020FOYAEA are deemed to have read, understood and accepted the same:

Organization, Duration and Participation Mechanic in the #2020FOYAEA

1. The #2020FOYAEA is organized by Made of Founders Limited (a private limited liability company registered and situated in Nairobi, Kenya) and is also managed and executed by various contracted service providers (hereinafter jointly referred to as the “Organizers”).

2. To participate in the #2020FOYAEA, Participants will be required to do the following:-

a) Respond to call for nominations on the official website owned and maintained by the Organizers, https://foya.thefounder.africa/ (“Official Website”);

b) Submit an application to be considered as a nominee in a specific category (either nominated by oneself, by another or by the Organizers);

c) Upon confirmation of start of voting phase (“Voting Phase”) by the Organizers, members of the public and the nominees can participate by registering with their personal details and voting on the Official Website.

3. The charges applicable for the Voting Phase are as set out details of which may be displayed on communication materials including the Official Website:

Participating Country

Free Votes per Participant

Voting Bundle Costs (Minimum is 10 Voting Points)

1

Kenya

1 per day

Kshs. 10 per Vote

2

Uganda

1 per day

Ushs. 370 per Vote

3

Tanzania

1 per day

Tshs. 230 per Vote

4

Rwanda

1 per day

RwF 93 per Vote

4. There is no registration fee or monies (other than the non-free voting bundle costs and standard internet data charges) payable to participate in the #2020FOYAEA.

5. The #2020FOYAEA shall generally commence with the nominee submission phase and end following the final East African event, with the specific dates to be published on the Official Website and other communication media in the participating countries.

6. The Mechanic is as follows:

a) Open submission for top 30 entrepreneurs in each category in each age group across East Africa (the four participating countries of Kenya, Uganda, Tanzania and Rwanda);

b) A nominee selection panel (“Nominee Selection Panel”) set up by the Organizers shortlists the top 30 founders per category in each age group based on an assessment of on profile of founder, maturity of business, impact in community;

c) The list of nominees is released to the public for voting in each category in each age group in each participating country, with the public votes contributing 60% towards the determination of the overall winners in each category; and

d) An executive voting panel (“Executive Voting Panel”), comprised of recognizable, respected socio-business personalities in the participating countries, will then contribute 40% to the tally of votes to determine the winners; and

e) Once the country winners have been determined, a second round of voting shall take pace pitting the country category winners against their counterparts in the other participating countries tow crown the regional winners in each category in each age group. Once again, the public shall contribute 60% whilst the entire college of the regional Executive Voting Panel shall account for 40% of the tally of votes in ascertaining the regional winners.

Eligibility for Participation

7. The #2020FOYAEA is open to residents and citizens of the participating countries (Kenya, Uganda Tanzania and Rwanda) who are 18 years and above.

8. The #2020FOYAEA is open to the public provided one has access to the internet on a compatible device.

9. Employees and relatives of the Organizers, Nominee Selection Panel, Executive Voting Panel and Sponsors of #2020FOYAEA are not eligible to be nominees but can vote for their preferred nominees.

10. There is no limit to the number of times a Participant can enter and participate in the #2020FOYAEA.

Use of Personal Data

11. The Organizers shall have the right to store the personal information entered onto the #2020FOYAEA platforms by Participants purely for direct private contact marketing or research purposes, all the while respecting and retaining the privacy of the Participants unless required to be disclosed by competent authority strictly under the confines of the relevant empowering law.

General Rules of the #2020FOYAEA

12. Only founders of African origin (born and resident in the participating country) between 20 - 40 years of age will be admitted and processed by the Nominee Selection Panel as nominees to be voted for depending on the age requirement in each category (Under 30 and Over 30).

13. Only founders with duly registered businesses that fall within the provided categories can be admitted. Any founder with a business that does not suit the category it was submitted in may be removed from the #2020FOYAEA or placed in a more relevant category by the Organizers without consultation.

14. Founders nominated must own a business that has been in existence for at least six months from date of registration in a participating country and has created employment opportunities for at least two people.

15. A founder may nominate oneself or someone else in the submission phase of #2020FOYAEA which ends before the Voting Phase.

16. Founders that are proven to have conducted themselves unethically, have participated in activities that are likely to bring the Organizers and #2020FOYAEA into disrepute will be automatically disqualified from further participation in #2020FOYAEA or will be stripped of any awards if such conduct is discovered within a period of 12 months from date of award.

17. To participate in the #2020FOYAEA awards, names and credentials of founders need only be submitted once. The number of times a founder is submitted does not influence his/her chances of advancing to the next round or his/her chances of winning.

18. Any submission or vote made outside of the allocated time frames will be discarded.

19. The Nominee Selection Panel’s decision on the final list of nominees is final.

20. The Voting Phase commences on a date set by the Organizers following the completion of the list of nominees in each of the categories by the Nominee Selection Panel.

21. Free voting is once per Participant per day. Thereafter, a Participant can vote some more for their preferred nominee(s) by purchasing Voting Bundles and paying an equivalent of US$ 0.10 per vote in local currency adjusting for foreign exchange.

22. Any attempts at hacking or illegally accessing the #2020FOYAEA platforms to submit nominees or vote for nominees or otherwise tamper with the system and the process of nomination and voting shall result into criminal investigations and legal action being taken, including disqualification of any Participant or nominee found to have been involved in such an attempt.

23. The Organizers will not be held accountable for and will not be responsible to any third party for any information and materials submitted for and/or on behalf of nominees. Should a third party be confirmed to own, have a license to or otherwise have actionable cause for intellectual property (copyright, trademarks, patents, industrial designs and such like) associated with a nominee then the nominee will have to take over and engage directly with such third party whilst his nomination will be suspended pending final determination of any such dispute. Should any dispute on ownership of intellectual property and/or proprietary materials by a nominee not be resolved within a period of 2 weeks and at least 4 weeks prior to the close of the Voting Phase, then such nominee will be disqualified from #2020FOYAEA. The nominee warrants that they have rights of ownership or use to all materials and intellectual property therein submitted to the Organizers and that he/she will indemnify and hold harmless the Organizers should the Organizers suffer any losses, costs and expenses arising from any claims by third parties including any unavoidable delays to executing #2020FOYAEA in accordance with the set timetable (such as an injunction), court action and advocates’ costs.

24. The Organizers reserve the right to amend and adjust the #2020FOYAEA format and timings as they deem fit.

25. Although the Organizers have used reasonable efforts to ensure that all information and materials relating to the #2020FOYAEA are accurate, they shall not be liable for any inaccuracy or errors in such information and/or material. The Organizers, their agents and sub-contractors will also not bear responsibility for any loss or damage to a Participant, whether caused by self or any third party, arising from:

· Matters outside the control of the Organizers, their agents and sub-contractors including but not limited to force majeure events such as acts of God, computer viruses, power outages, etc; and

· Any technical failure or malfunction or any other problem with any machine, telephone network or system, internet service, service provider software or otherwise which may result in any communication being lost or not properly received, registered or recorded.

26. In case of any queries or concerns on the #2020FOYAEA, Participants, members of the public and other interested parties are directed to send an e-mail to hello@thefounder.com or connect on the social media pages highlighted on the Official Website.

27. By entering the #2020FOYAEA, all Participants agree to be bound by these Terms and Conditions which will be interpreted by the Organizers, whose decision regarding any dispute will be final and binding. The Organizers reserve the right to amend, modify or change these rules at any time during the #2020FOYAEA.

28. These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya and the Participant(s) submit irrevocably to the jurisdiction of the competent courts in Kenya.

29. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms and conditions and the remainder of the affected provisions shall continue to be valid.

30. FOYA is a trademark of Made of Founders Limited, all rights reserved.

CAUTION
: The Organizers do not require Participants to send cash, airtime credit or other consideration to anyone other than the charges to participate in the voting directly through the official designated platforms and will not be responsible for any loss or damage incurred by any person who fails to pay heed to this notification.