Terms and conditions
ARTICLE 1
Interpretation
- Application Form as set out in Article
Article – any article in these Rules.
Documents – signed copies of both the Rules and the Application Form (digital or paper). Finalists as set out in Article 3.4.1.
Licence – as defined in Article 4.1.
Licence Start Date – as defined in Article 4.1.
Licence Period – as defined in Article 4.1
Organiser – Product of the Year South Africa (PTY) Ltd a company incorporated in South Africa and registered office at Silverstream Office Park, 10 Muswell Road, Bryanston, 2191.
Product or Products – as defined in article 2.2.
Programme – the marketing programme operated by the Organiser known as the “Voted – Product of the Year” programme as more fully described in these Rules.
Programme Year – the year referred to in the title of a Programme (for example, the Programme Year for “Voted – Product of the Year 2025” will be 2025.
Quarter – each consecutive period of three calendar months, with the first Quarter commencing on the Licence Start Date.
Signatory – the individual who signs these Rules either in his own capacity or on behalf of another upon whose behalf he is authorised to act.
Total Expenditure – as defined in Article 5.4.
Trademarks – the name logo, devices and get up relating to “Voted – Product of the Year” or any of them.
You – either the Signatory or, where the Signatory signs these Rules on behalf of a company upon whose behalf they are authorised to sign. Yours will be interpreted accordingly.
ARTICLE 2
The Programme
2.1 – You acknowledge that the Programme is an innovative, proprietary, annual marketing programme owned and operated by the Organiser, which is open, subject to these rules, to new Products launched in South Africa.
Products
2.2 – The Organiser intends that national brand products of the type typically sold and widely available in supermarkets, grocers, pharmacies, and other similar retail stores may be entered by you into the Programme (Products). Examples of Products, without limitation, include foods, snacks, beverages, home care, personal care, health, service products, technology, banking and beauty Products, and other non- food items which are first offered for sale and sold by or on behalf of You to consumers in South Africa between 1st January 2023 to present date. Products should demonstrate innovations in design, function, packaging, ingredients, or marketing. Entries are also accepted from HERITAGE products that have been in the market for 10 years or more.
Categories
2.4 – Products will be classified by the Organiser at its absolute discretion into categories which, where possible and subject to the discretion of the Organiser, will consist of a minimum of 2 products. The Organiser reserves the absolute right to amend, add or withdraw one or more categories, depending, amongst other things, on the nature and number of applications received, and to assign Products to the category it deems appropriate.
Multiple entries
2.5 – You may enter Products in the Programme in different categories. In the case of substantially similar Products, or the same Product sold in different sizes, you may enter only one Product in any category in any Programme Year. However, so long as the Products are different in some significant manner, you may enter more than one Product in the same category. The Organiser will have absolute discretion to accept a Product into the Programme or into any category, to assign Products to categories and to determine if Products that you submit are sufficiently different to warrant multiple entries in a category.
ARTICLE 3
Application
3.1 – Completed Application Forms and full support materials must be sent by you at the latest by 28th February 2025 to: www.productoftheyear.co.za. The Organiser will have the right to reject (without giving reasons) any Application Form submitted.
3.2 – You acknowledge that by submitting a completed Entry Form you commit yourself to the whole Programme and to the payment of any fees that become due under Articles 5.2, 5.3 and 5.4. For the avoidance of doubt, you agree to pay these fees to the Organiser and you cannot withdraw from the Programme in the event that a Product of yours is nominated as a Finalist or a Product of yours is “Voted – Product of the Year”.
3.3 – The Organiser agrees that, except as otherwise provided in Article 6.3, all information and documents submitted by you will be treated by the Organiser as confidential and will not be disclosed or published by the Organiser without your consent, except as may be required by law or any regulatory authority. Application forms submitted by you will be kept by the Organiser and will be dealt with by the Organiser as it sees fit. If you specifically request for your application form to be returned to you then the Organiser will not do so before the end of March of the year following the Programme Year.
Procedure to determine winners
3.4 – The procedure to be adopted by the Organiser to choose finalists is in two stages and is as follows (subject to any changes that the Organiser may in its absolute discretion make and notify to you):
Consumer vote
3.4.1 – The Product selected to be “Voted – Product of the Year” in each category will be determined from the entered products in that category by the vote of a panel of consumers administered by the Organiser and research company. The panel will be reasonably representative of the population of South Africa (as determined by the Organiser) and will cover a wide range of households. A first rating will be based on the vote expressed by the whole of this panel of consumer households. A second rating will be based on the vote expressed by those consumer households within the panel which have purchased one or more of the Products in the particular category. The Product selected to be “Voted – Product of the Year” in each category will be determined by the Organiser using a proprietary and confidential formula of the Organiser reflecting both ratings.
ARTICLE 4
Organiser’s rights in the Trademarks
4.1 – You acknowledge that the Trademarks are the exclusive trademarks of the Organiser or its licensors. You agree not to apply for or obtain registration of the Trademarks for any goods or services in any jurisdiction, nor use the Trademarks (or anything confusingly similar to the Trademarks) as a company, business, trade or Product name in any jurisdiction.
Winning Product Trademarks licence
4.2 – Subject to you making the payments set out in Article 5, if your Product is selected under Article 3.4.1 as “Voted – Product of the Year” in a particular category, you will be granted a limited, revocable, non- transferable, non-assignable licence (Licence) to use the Trademarks only in South Africa subject to the following rules.
4.2.1 – The duration of such Licence is limited to the period commencing on the date on which the winners for that Programme Year are announced (Licence Start Date) to the following year, ending in the month of Licence Start Date (Licence End Date), time being of the essence.
4.2.2 – You will obtain the Organiser’s approval for all uses of the Trademarks and will always comply with the reasonable instructions and the directions of the Organiser in relation to your use of the Trademarks under the Licence. The Trademarks may only be used in the form, dimensions and graphic representation approved, in each instance, in writing by the Organiser in its sole discretion.
4.2.3 – You may use the Trademarks only on or in relation to the winning Product and that Product alone. Unless otherwise approved in each instance by the Organiser you may not use the Trademarks on packaging or advertising which includes products other than the Winning Product.
4.2.4 – The Trademarks may only be used in advertising aimed primarily within South Africa, and on Products which are intended for sale within South Africa.
4.2.5 – The Trademarks may only be used in relation to the winning Product in the same form and composition as the Product is presented in the application form submitted in respect of it under Article 3.2.
4.2.6 – Every use of the Trademarks will be accompanied by a reference to the Programme Year and category for which the Product won.
4.2.7 – The Organiser will have the right, in its absolute discretion, to permit the use of the Trademarks for groupings of some or all of the winning Products for the purpose of promotions directly or indirectly referring to “Products of the Year”, subject to Articles 5.4 and 5.5.
Termination of use
4.3 – You undertake to monitor use of the Trademarks under the Licence to ensure that it is no longer used on any product or advertising after the Licence End Date, time being of the essence. But without limitation, you will stop manufacturing or ordering Products and packaging incorporating the Trademark sufficiently early so that all Products and packaging incorporating the Trademarks are reasonably likely to be sold before the Licence End Date. If the Trademarks do appear after Licence End Date on Products in stores for retail sale, you will be liable to pay the Organiser damages.
Limitations on use/right to terminate
4.4 – Breach of Article 4 will give the Organiser, in its sole discretion, the right to terminate immediately and without notice the Licence granted to you under Article 4.2 without any obligation to refund any fees paid or payable pursuant to Article 5.
ARTICLE 5
Fees
5.1– There will be an entry fee for each product of ZAR2,500 (Two Thousand Five Hundred Rands) entered. Should your product not be voted “Voted – Product of the Year” this entry fee is non-
5.2 – You shall pay the Organiser a sum of ZAR215,500 (Two Hundred and Fifteen Thousand Five Hundred Rands) in respect of each Product of yours that is voted “Voted – Product of the Year” in a category in consideration for the grant of the Licence under Article 4.1. Payment is due within ten days of receipt of invoice. Unless otherwise agreed with the Organiser, you will not be allowed to make use of the Logo prior to receipt of such payment. Failure to make such payment may, at the discretion of the Organiser, result in all your Products being disqualified from the Programme and, upon the Organiser giving You written notice, this agreement being terminated immediately. Your liability to make any payment due will remain.
5.3 – There is no fee payable should your product not be voted “Voted Product of the Year.”
5.4 – You agree that you will not take steps, purport or seek to, enter into any understanding, concerted practice, arrangement or agreement relating to the joint promotion, advertising, or marketing of any Product of yours that has been selected as a “Voted – Product of the Year” with one or more other Products that have been selected as “ Voted – Product of the Year” using the Logo (whether such Products are yours or are those of a third party) with, or relating to, any seller of such Products (including, without limitation, any wholesaler, grocer, supermarket, or distributor).
ARTICLE 6
Force majeure
6.1 – The Organiser will not be liable for failure to perform any obligation under these rules to the extent that it is caused due to forces beyond its control.
Acceptance of rules
6.2 – Participating in the Programme involves full and entire acceptance of these rules. You must accept these rules by signing them personally or by having an authorised signatory sign them. If you entered through the Product of the Year website, your electronic signature is legal and binding.
Agreement to use of name
6.3 – If your Product or Products are selected as finalists you permit the Organiser to give out your name, address and a description of the finalist Products together with a qualitative analysis of the results of the consumer panel survey conducted by or on behalf of the Organiser under Article 3.4.1 as part of the publication and promotion of the Programme.
Interpretation by the Organiser
6.4 – Any question regarding the interpretation or application of these rules or other question relating to the Programme will be settled solely by the Organiser, in its discretion.
Construction
6.5 – Whenever the singular number is used in these rules and when required by the context, the same will include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.
Headings
6.6 – The headings in these rules are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these rules or any of their provisions.
Severability
6.7 – If any provision of these rules will be invalid, illegal, or unenforceable to any extent, the remainder of these rules and their application will not be affected and will be enforceable to the fullest extent permitted by law unless the provision held to be illegal, invalid or unenforceable is so fundamental to the sense of these rules that its illegality, invalidity or unenforceability would make the enforceability of the remainder unreasonable.
Entire agreement
6.8 – These rules and the documents referred to in them, constitute the entire agreement between you and the Organiser and supersede all other agreements or arrangements, whether written or oral, express or implied, between you and the Organiser, Successors and assigns
6.9 – These rules will be binding upon the Organiser’s and your successors, assignees and personal representatives
No waiver
6.10 – Neither you nor the Organiser will be affected by any delay or failure in exercising or any partial exercising of any rights under these rules unless it has signed an express written waiver or release.
VAT
6.11 – All payments to be made by You under these rules are exclusive of VAT or other applicable taxes or duties which will, where applicable, be paid in addition by You.
Remedies
6.12 – The rights, powers and remedies provided in these rules are cumulative and not exclusive of any rights, powers and remedies provided by law. The exercise or partial exercise of any right, power or remedy provided by law or under these rules will not preclude any other or further exercise of them or the exercise of any other right, power or remedy.
Authority to execute
6.13 – The Signatory executing these rules on behalf of a company represents and warrants that he is empowered to execute them on behalf of the company and that all necessary action to authorise their execution has been taken.
Governing law and jurisdiction
6.14 – These rules are to be governed by and construed in accordance with South African law and the courts of South Africa are to have jurisdiction to settle any dispute in connection with these rules.