TERMS AND CONDITIONS GOVERNING PARTICIPATION IN “THE FOUNDER OF THE YEAR AWARDS 2020 EAST AFRICA NOMINATION AND VOTING PROCESS” (“#FOYA2020EA”)

The following terms and conditions apply exclusively to the aforementioned #FOYA2020EA and all Participants in the #FOYA2020EA are deemed to have read, understood and accepted the same:

Organization, Duration and Participation Mechanic in the #FOYA2020EA

1. The #FOYA2020EA is organized by Galashia Ventures 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 #FOYA2020EA, Participants will be required to do the following:-

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

b) Submit an application to be considered as a nominee in a specific category;

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 or through mobile phone SMS-Service available in the participating country.

  1. The charges applicable for the Voting Phase are as set out below (Official Website and SMS-based in Kenya only) details of which may be displayed on communication materials:

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, standard internet data charges and the relevant SMS charges applicable) payable to participate in the #FOYA2020EA.

5. The #FOYA2020EA shall generally commence in December 2019 with the nominee submission phase and end in May 2020, 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 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 decides on the top 30 founders per category to make it to the list;

c) The list of nominees is released to the public for voting in each category;

d) The public votes shall determine the top 3 nominees in each category which shall be subjected to a further round of voting to determine the winner in each category and the overall Founder of the Year winner; and

e) 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 whilst the public contributes 60% in the final voting round to determine the winner in each category and the overall Founder of the Year winner.

Eligibility for Participation

7. The #FOYA2020EA is open to residents and citizens of the participating countries (Kenya, Uganda Tanzania and Rwanda) who are 18 years and above.

8. The #FOYA2020EA is open to the public provided one has access to the internet on a compatible device. However, for those opting to use the SMS voting platform (where available) their cellular networks must support the relevant shortcode in the participating country.

9. Employees and relatives of the Organizers, Nominee Selection Panel, Executive Voting Panel and Sponsors of #FOYA2020EA 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 #FOYA2020EA.

Use of Personal Data

11. The Organizers shall have the right to store the personal information entered onto the #FOYA2020EA 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 #FOYA2020EA

12. Only founders of African origin (born and resident in the participating country) between 18 - 42 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 #FOYA2020EA 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 #FOYA2020EA 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 #FOYA2020EA into disrepute will be automatically disqualified from further participation in #FOYA2020EA or will be stripped of any awards if such conduct is discovered.

17. To participate in the #FOYA2020EA 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 #FOYA2020EA 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 #FOYA2020EA. 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 #FOYA2020EA 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 #FOYA2020EA 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 #FOYA2020EA 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 #FOYA2020EA, Participants, members of the public and other interested parties are directed to call the Customer Care number or e-mail hello@thefounder.africa or social media pages: Facebook @FOYAawards, Twitter @FOYAglobal, Instagram @FOYAglobal

27. By entering the #FOYA2020EA, 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 #FOYA2020EA.

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 Galashia Ventures 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.