1. The promoter and participants

1.1 This promotional competition is conducted by American Express® through Nedbank Limited, reg no 1951/000009/06, under and in terms of an exclusive licence agreement. Nedbank is a licensed financial services and registered credit provider (NCRCP16) and a company incorporated in South Africa with its registered address at 135 Rivonia Road, Sandown, Sandton (Nedbank). Nedbank runs this competition in association with all the parties listed in Item 1 of the Schedule attached to these terms and conditions (collectively referred to as the promoter).

1.2 The American Express name and logo, as well as the imagery and design of the American Express Cards and other branded products, are trademarks and intellectual property of American Express. Nedbank uses American Express trademarks and domain name under a licence agreement. No unauthorised use of the American Express name and logo is allowed.

1.3 Any person who enters the promotional competition (the participant) acknowledges that these terms and conditions will be binding on them and that the promotional competition will be subject to the Consumer Protection Act, 68 of 2008 (the Act).

2. Entry requirements and stipulations

2.1 Any person who is a director, member, partner, employee or agent of, or a consultant to, the promoter, or any person who directly or indirectly controls or is controlled by the promoter, or a supplier of goods and services in connection with this promotional competition cannot participate in this promotional competition (disqualified persons).

2.2 The promotional competition will start on 9 October and will end on 24 October 2024. These dates may be changed by the promoter without notice.

2.3 To participate in the promotional competition, the participant must be a citizen or a permanent resident of South Africa, have a valid South African ID or passport, and be 18 or older on the date on which the participant enters the promotional competition or, if the participant is a minor, must be assisted to the extent necessary by a parent and/or a legal guardian.

2.4 Any costs or expenses that the participant may incur other than in respect of those items specifically included in a prize are for their own account.

2.5 The challenge for entries is to create a modular graphic artwork that creatively represents the Jacaranda tree and its connection with the community of Johannesburg.

2.6 All work must be submitted as a vector file to the assigned entry portal to enable proper viewing. Works in any other format will be disqualified.

2.7 Additional entry guidelines may be provided, including a corporate identity (CI) and colour palette kit that must be incorporated into design entries to be successful.

2.8 Entry into this competition is free.

2.9 Only original work may be submitted. Entries must not have been used for commercial purposes, published previously or have been entered in other competitions.

2.10 Applicants must disclose if they have a criminal record. If they have a criminal record, they must provide details of the case, the date and place of conviction, and the sentence. Criminal records and any relevant rehabilitation stated by the participant will be considered and may inform the decision to award a prize. The promoter may do criminal record checks on any prize finalists.

2.11 Participants agree that, by entering this competition, all the information given in an entry is true and correct, and that omissions could disqualify them from the process.

2.12 The participant will not hold the promoter liable for any entries that were not received, whether timeously or at all, regardless of the cause, and will not hold the promoter liable for any problems or technical malfunction of any telephone network or lines, computer online systems, service, or providers, computer hardware or software failures or malfunctions, traffic congestion (whether physical, on the internet, of telephone lines or at any service provider, website or other device or medium), or any combination of these, or any other technical or other problems.

2.13 All entries that are unclear or illegible, have been submitted through an incorrect entry mechanism, contain errors or are from a disqualified person will be declared invalid.

2.14 Copyright infringement of any other intellectual property rights in any entry received is not permissible, and the promoter reserves the right to remove and disqualify any submission deemed to be in violation of another party’s copyright or other intellectual property rights. By entering this competition, the participant declares that no copyright or other intellectual property infringement has been made, and, in the case of undeclared copyright infringement, the participant agrees to be held fully liable for such infringement by any right(s) holders and indemnifies the promoter against any such claims.

3. Winning conditions and terms

3.1 Only 1 winner will be chosen. The winner will receive R20 000 and will be featured in a public exhibition in Johannesburg on a date to be confirmed.

3.2 There will be a long list of finalists whose work will be exhibited at Keyes Art Night in November 2024. The winning artwork will be displayed on the facade of the Keyes Art Mile building on a date to be confirmed in November 2024 or later.

3.3 Participants may enter the promotional competition only once, but a single entry may contain various different design iterations and applications. Subsequent entries may not be honoured or accepted, to the discretion of the promoter and/or selection committee.

3.4 Participants to whom prizes will be awarded will be selected through a selection committee of the promoter. Entries will be judged on originality, composition, response to the selected theme, and overall impact. The decision of the judges will be final.

3.5 The public profile of entrants may be considered in the decision to award a prize in order to achieve maximum promotional impact, ensure diversity and inclusivity, and mitigate reputational risk.

3.6 Winners will be contacted via email and/or via telephone using the contact details to be included in any entry by a participant.

3.7 If the promoter is unable to reach the winner within 5 working days or to complete the verification process after drawing their entry for any reason whatsoever, the promoter reserves the right to disqualify that winner and draw a replacement winner.

3.8 If a participant wins a prize, the participant undertakes to expeditiously do all things necessary to enable the promoter to comply with all its obligations in terms of the Act, including providing the personal information required to facilitate the handing over of the prize (including providing proof of address and ID number, and signing for the receipt of the prize if it is necessary).

3.9 The promoter will require the winner to complete, sign and submit a winner’s contract containing an information disclosure agreement and an indemnity to enable the promoter to ensure full compliance with the terms and conditions of the promotional competition and the Act. If a winner refuses or is unable to comply with this rule or any other provision of these terms and conditions, that winner will be disqualified automatically.

3.10 The winner acknowledges that tax implications may arise from their prize winnings and that they must seek independent financial advice before accepting the prize.

3.11 The participant acknowledges that they will not be entitled to claim a prize if it is unlawful for the promoter to give that prize to the participant for any reason. If the participant does not qualify to receive a prize, the participant acknowledges that they will be required to forfeit it.

3.12 The participant participates in the promotional competition and accept, use and/or otherwise deal with a prize or any aspect of it at their own risk.

3.13 The participant undertakes to sign a waiver of liability and indemnity before claiming any prize. The promoter cannot be held responsible for any accident, injury or loss of property as a result of winning, accepting, using and/or otherwise dealing with the prize won.

3.14 The promoter may require the winner to be identified and photographed and the photographs published in printed media or the winner to appear on radio, television, social media and/or any other public platforms in accepting a prize and/or after having received a prize.

3.15 If a participant’s entry work is chosen and they are one of the finalists or winner, they will provide the promoter limited rights to use their entry work on branding material related to the promotional event, competition and winner promotion, including as part of posters, signage and any other collateral and material used for media promotion.

3.16 If a participant’s entry work is chosen as one of the longlisted entry works, they will provide the promoter rights to include it in exhibition material, including posters, signage and any other collateral, as agreed in a contract signed on winning.

3.17 If a participant’s entry work is chosen as one of the winning works or a runner-up work, they will provide full open files (Illustrator or vector) to the promoter for the use as stipulated above.

4. General

4.1 The promoter reserves the right to vary, postpone, suspend, or cancel the promotional competition and any prizes, or any aspect of it or them, without notice, for any reason whatsoever. If this happens, the participant agrees to waive any right, interest and expectations that they may have in terms of the promotional competition and acknowledges that they will have no recourse against the promoter.

4.2 The participant acknowledges that the promoter may collect, store and use (but not share) any personal information obtained by the promoter for communication or statistical purposes. Any such use of information will be subject to the American Express Data Protection and Privacy Principles (https://www.americanexpress.com/en-za/network/legal/privacy-statement.html).

4.3 If any dispute arises in relation to the interpretation of the promotional competition and/or its terms and conditions, the promoter’s decision will be final and binding, and no correspondence will be entered into.

4.4 These terms and conditions will be construed, interpreted, and enforced in line with the applicable laws of South Africa.

4.5 If any of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these terms and conditions, which will continue to be valid and enforceable.