Terms and conditions

  1. 1. Introduction

    The trustees for the time being of the Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa, ("Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa", "we", "our" or "us") is the organiser, promoter, and/or co-sponsor of the Program detailed in this document (the "Program"). All eligible participants ("Participant", "you" or "your") are invited to apply to participate in the Program by completing the application form. By entering or participating in this Program, you agree to be bound by these terms and conditions (these "Terms"), and warrant that you have the capacity and authority to agree to and enter into these Terms, and/or are duly authorised to agree to and enter into these Terms.

  2. 2. Who can participate in the Program?

    The Program is open to all Participants who have access to farming lands in South Africa. Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa reserves the right to verify the eligibility of all Participants. Employees, directors, agents, or consultants of Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa, any supplier, sponsor, or advertiser of goods or services in connection with this Program, any entity or person directly or indirectly controlling or controlled by Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa, or any family member of the above-mentioned persons are prohibited from participating in this Program.

  3. 3. Terms relating to the Program Process

    The steps set out in the "Process" section of this document shall be referred to as the "Program Process" (which includes the Application Process). The Program Process sets out how Participants shall be selected and screened, how their ideas will be enhanced and matured, and how finalists and the winning idea will be determined. There are no entry fees to participate in the Program. Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa shall not be responsible for applications that are received after the Application Period expires or not received at all for any reason including, by way of example only, as a consequence of communications or network failures. Participants are advised to confirm receipt of their applications by contacting using the details in paragraph 10. At each Screening step in the Program Process, Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa shall notify the Participants that have been selected to progress to the next step. Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa is only obliged to contact the successful Participants. If you have not heard from us at the end of a Screening step, you can assume that your application has been unsuccessful. During the Program Process, you shall interact with the other Participants respectfully, as would be expected in a professional setting. You shall not engage in any hate speech, discriminatory remarks, intimidating behaviour or posts, or any abuse of the platform used in the Program Process. We shall be permitted to remove, delete, or censor any derogatory, abusive, offensive, obscene, violent, inappropriate or inaccurate content which you submit or post in settings we control and/or are responsible for. We reserve the right to disqualify any Participant or Application that we, in our sole discretion, determine to have failed to comply with these Terms. Such decisions shall be final and not subject to appeal.

  4. 4. How do I participate in the Program?

    When submitting an application in accordance with the Application Process you will be expected to provide us with certain information and to provide and/or upload supporting documents. In particular, each Participant will be required to submit sufficient details to allow Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa to administer the Program, confirm that you meet the Participation Criteria, and evaluate you and your lands in accordance with the Selection Criteria; and any other information and/or documentation as may be reasonably requested in the Application Process in connection with the foregoing, including demographic information, contact details, personal ID number and all information related to your existing business for purposes of paragraph 6.1.4. (your "Application").

    1. You give the following warranties to Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa in relation to your Application, any information contained therein or submitted during any step of the Program Process, including any personal information (as defined in the Protection of Personal Information Act, 2013, whether or not yet in force) ("Submitted Information"):

      • it comprises your own work, or, to the extent required, you have obtained all rights, consents, approvals or licenses required for you to participate in the Program, to submit your Application or to complete the Program Process; subject to paragraph 4.2.3, all Submitted Information is true and correct; if any of the Submitted Information consists of a prediction or estimate, the prediction or estimate is clearly described as such, and is reasonable, based on all relevant information of which you should reasonably be aware; and your Submitted Information does not contain any obscene, offensive, defamatory, violent, disparaging or illegal content or any content which may generally have a negative impact on Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa's or its affiliates' goodwill, in each case as determined in the sole discretion of Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa.
  5. 5. Selection Criteria

    Grow Nation Fund, Diageo PLC and Diageo South Africa shall evaluate your Application and each stage of the Program Process in accordance with the Selection Criteria. The weighting of these Selection Criteria at the relevant stages shall be determined by Grow Nation Fund, Diageo PLC and Diageo South Africa and/or any panel, screen team, or jury appointed by Grow Nation Fund, Diageo PLC and Diageo South AfricaF ("Selectors"), in their sole and absolute discretion. The Selectors shall make an independent assessment of the Submitted Information. The Selectors' decisions throughout the Program Process are final and the Selectors shall not be obliged to correspond with any Participant about the selections except for the notifications expressly contemplated in the Program Process.

  6. 6. Use of your Submitted Information

    1. By participating in this Program, and submitting your Application, you consent to Grow Nation Fund, Diageo PLC and Diageo South Africa and/or its duly authorised service providers collecting, storing, evaluating, reviewing, comparing and otherwise using the Submitted Information as follows:
      • in connection with this Program, including by contacting you and administering this Program more generally; in connection with any marketing, sale, or promotion of this Program, including on our website and/or on social media platforms; for purposes of evaluating your Application and in connection with idea enhancement and maturation as contemplated in the Program Process; creating a de-identified database of certain Submitted Information to allow Grow Nation Fund, Diageo PLC and Diageo South Africa to better understand South Africa's agricultural ecosystem; and to publish research that maintains anonymity of participants by aggregating the data to allow the Trust to advocate with other multinationals, and corporates to spearhead future programs, using actual results and information.

    2. You hereby consent to the transfer of Submitted Information to Grow Nation Fund, Diageo PLC and Diageo South Africa's duly authorised service providers based in foreign countries provided that such transfer is for the Purpose.
    3. We will not be under any general or automatic obligation of confidence or secrecy in relation to ideas you submit through the Program Process ("Submitted Ideas"). If you are only willing to provide any information relating to a Submitted Idea on condition of confidentiality, then we will only accept the additional information if we have first signed a separate agreement clearly setting forth the scope of the material to be considered as confidential, the time period for any confidentiality obligations, and any other mutually agreeable terms and conditions.
    4. In respect of all Submitted Information other than Submitted Ideas, we shall not, without your prior written consent, either:
      • communicate or otherwise make available such Submitted Information to any third party; or use such Submitted Information outside of the Purpose.
    5. The obligations set out in paragraph 6.4 shall not apply, or shall cease to apply, to any Submitted Information which we can show to your reasonable satisfaction:
      • has become public knowledge other than through disclosure by us in breach of these Terms; was already known to us prior to disclosure by you; or has been received by us from a third party.

  7. 7. Indemnities and Limitation of Liability

    1. As far as the law allows, neither Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa, its affiliates or members, nor the directors, officers, employees or agents or service providers of the aforementioned ("Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa Parties"), shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever which may be suffered as a result of participating in this Program, or any act or omission of any other person.
    2. To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify the Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa Parties from and against any claim, liability, damage, loss, or expense, including reasonable attorneys’ fees, arising out of or connected with: any Submitted Information you provided during the Program Process; your breach of any provision of these Terms, or any applicable law or regulation; your violation of any rights of third parties, including any intellectual property rights; and any dispute or issue between you and any third party.
    3. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
  8. 8. Consumer Protection Act and other laws

    1. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid your rights or any of Grow Nation Fund, Diageo PLC and Diageo Empowerment Trust South Africa's obligations in terms of the Consumer Protection Act 68 of 2008 ("CPA") or the Electronic Communications And Transactions Act 25 of 2002 ("ECTA"), to the extent applicable.
    2. No provision of these Terms:
      does or purports to limit or exempt Grow Nation Fund from any liability (including, without limitation, for any loss directly or indirectly attributable to Grow Nation Fund's gross negligence or wilful default or that of any other person acting for or controlled by Grow Nation Fund) to the extent that the law does not allow such a limitation or exemption; requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or limits or excludes any warranties or obligations which are implied into these terms and conditions by the CPA or ECTA (to the extent applicable) or which Grow Nation Fund gives under the CPA or ECTA (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
  9. 9. General

    Grow Nation Fund reserves the right to amend these Terms or terminate the Program at any time before the first Screening contemplated in the Program Process if circumstances beyond its control make this unavoidable. These Terms shall be governed by the laws of South Africa. Each Participant consents to the non-exclusive jurisdiction of the courts of South Africa in respect of all matters arising out of or in connection with the bid process or these terms and conditions. If any provision of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these rules and shall not affect the validity or enforceability of any remaining provisions contained in these terms and conditions.

  10. 10. Contacting us

    If you have questions about these Terms, or any documents incorporated by reference in these Terms, please contact verdra@cheerszventures.com.