Terms and conditions

Introduction

The Vodacom Foundation, a division of Vodacom (Pty) Ltd based at Vodacom Corporate Park, 082 Vodacom Boulevard, Vodavalley, Midrand, 1685 (“Vodacom”) is the benefactor of Vodacom Change the World programme (“CtW”).

Details of CtW programme is contained in the document entitled “VODACOM CHANGE THE WORLD 2013 - Questions and Answers”.

This document sets out the terms and conditions (“Terms and Conditions”) which would apply to all Applicants of the 2013/2014 CtW programme.

By submitting an application, the Applicant (“Applicant”) shall be deemed to have understood, agreed and accepted these Terms and Conditions, and be bound by it.

The application process starts on 12 November 2012 and closes at 16h00 on 20 January 2013.

Vodacom will not entertain any late applications and any incomplete or deficient applications will not be considered by Vodacom.

No responsibility is accepted by Vodacom for late, lost or misdirected applications. Applications will not be returned and upon submission become the property of Vodacom.

Only one application is permitted per person. Previous Non-Profit Organisation (NPOs) and winners of CtW (except for 2012 recipients) and Vodacom employees are eligible to enter.

Applications are only open to South African residents who are legally eligible to work in South Africa (SA) and are aged 18 years or over as at 20 January 2013. Vodacom may require proof that an Applicant is legally eligible to work in SA. If an Applicant at any time is found to be ineligible to work in SA, the Applicant may be excluded from the competition and/ or programme without any notice.

By applying, Applicants agree to submit any information and /or documentation and /or comply with the request to undergo statutory background, criminal and qualification checks. Applicants may be requested, as part of the adjudication process, to undergo competency tests.

Vodacom’s decision on all matters pertaining to CtW is final and Vodacom will not enter into any correspondence of whatsoever nature once a decision has been made.

The application process

All Applicants must:

(a) Complete the online application form at www.vodacom.co.za/changetheworld or download the application form and fax it together with the following documentation to (011) 653 7763.

     • A scanned copy of the Applicants ID, the Applicants CV, and supporting qualification documents;

     • Two (2) photographs; and

     • Two (2) references with contact details.

(b) In addition to the above, the Applicant must also submit the following:

     • Confirmation that the Applicant has discussed their intention to enter the CtW programme with his/her chosen NPO and that the NPO has endorsed the Applicant’s entry;

     • A detailed description of the Applicant’s role and what he/she would be required to achieve with the NPO;

     • The monthly salary and any other details like travel, relocation and accommodation negotiated with the Applicant’s chosen NPO;

     • Written confirmation from the Applicant’s current employer or educational institution, agreeing to endorse the Applicants application to work with his/her chosen NPO for a year, from 2 May 2013 untill 30 April 2014, and confirming the Applicant’s availability to attend an induction workshop and media launch from 21-24 April 2013.

To qualify the Applicant’s chosen NPO must:

     • Be a registered South African NPO or a Section 21 organisation/Trust with a Public Benefit Number (PBO);

     • Be in existence for at least 2 years as from date of registration;

     • Be able to provide at least one Audited Financial Statement (preferably unqualified)

     • Not be in financial distress;

     • Not be linked to any government organisation/individual.

Judging and selection

Each application will be individually judged according to its humanitarian and charitable merit, the practicability of implementation as determined by Vodacom or its agents and the skills the Applicant brings to the project.

The decisions of Vodacom, the panel of adjudicators and independent auditors in respect of all matters pertaining to the selection process are final and no correspondence will be entered into.

Vodacom or its agents, will shortlist applications from all valid entries received and may contact the Applicants to conduct an interview during February - March 2013. Vodacom or its agents will also contact the Applicant’s referees for references.

Referees must:

     • Not be related to the Applicant

     • Not currently work for the Applicant’s chosen NPO

     • Have known the Applicant for over a year

     • Be 18 years of age or over.

At the shortlist stage, Vodacom or its agents will also contact the NPOs selected by the shortlisted Applicants and seek each NPO’s agreement in respect of the Applicant’s desired role, monthly allowance and location.

The selection of each of the successful Applicants from the shortlist will be conditional upon:

• Obtaining the consent of each respective NPO to employ and supervise the successful Applicant

• If a shortlisted Applicant’s NPO either does not wish to participate or does not wish to employ the shortlisted Applicant in the position selected, or if the required referees are not provided, then an alternative Applicant may be selected to take that shortlisted Applicant’s place, depending on the number and quality of remaining applications.

If successful, the Applicant will be required to confirm in writing:

• That the Applicant accepts the offer and will start the project on 2 May 2013;

• Availability to attend the CtW induction workshop and media launch from 21-24 April 2013;

• That by accepting an offer of employment the Applicant will not breach any existing contract or agreement with a former or current employer, partner or with any other person or entity;

• That the Applicant has disclosed any criminal convictions;

• That the Applicant will enter into a 12 (twelve) month Fixed Term Contract of Employment with CallForce, which will include a requirement to stipulate some minimum terms in the contract of employment between the NPO and the successful Applicant;

• To keep the news of their participation in the CtW programme confidential until the media announcement on 24 April 2013;

• The Applicant will be available to Vodacom and Avusa Media for public relations purposes, media interviews and judges’ interview.

How we support the successful Applicants:

Each successful Applicant will receive the opportunity to work in their agreed position with their NPO  for a continuous fixed term of 12 (twelve) months subject to earlier termination for a fair reason and in terms of the Labour Relations Act (“LRA”), on a full time basis (“employment term”). Each successful Applicant will serve a probation period of 3 months from the commencement date of their Fixed Term Contract.

Each successful Applicant will receive a monthly salary as agreed with the Applicant’s NPO in the application form, as long as this salary is within a maximum amount agreed with by Vodacom.  In the event that the amount requested is higher, the salary will be renegotiated and agreed by all parties in writing prior to acceptance of the Applicant on the programme. In the event that an agreement on salary cannot be reached between the parties then an alternative Applicant may be selected to take that shortlisted Applicant’s place.

CallForce, will assist the Applicant and his/her NPO with all administrative matters relating to the Applicant’s employment, amongst other, tax deductions and statutory contributions from the Applicant’s monthly salary and payment to the relevant tax authority. (The successful Applicant shall be liable for any taxes payable in relation to any other income received by the successful Applicant in the same tax year).

The NPO of the successful Applicant will be given a grant of seventy thousand rand (R70 000) towards the administration cost and any consumables and additional expenses incurred by the NPO for hosting a volunteer during the 12 (twelve) month placement.

A further one hundred and twenty thousand rand (R120 000) will be made available by Vodacom through CallForce to be used jointly between the successful Applicant and NPO towards the implementation of the winning Applicant’s project objectives and goals at the NPO. This may include costs of relocation if the Applicant is the winning Applicant, of up to R10 000 both ways, and monthly rent of up to R5 000.

The Applicant will be entitled to annual; sick; study and maternity leave as provided for in the Basic Conditions of Employment Act.

Each successful Applicant will be issued with a laptop, handset, sim card with airtime/data (“the equipment”). The equipment will be transferred to the Applicant on completion of the 3 (three) month probation period. The equipment must be used exclusively to the purposes of carrying out the successful Applicant’s duties and the Applicant will be responsible for insuring the laptop and handset as all risk shall pass to the successful Applicant upon delivery of the laptop and handset.

The successful Applicant’s responsibilities:

Each successful Applicant will be required to, and hereby agrees:

• To attend and participate in internal and external public relations activities and media (including television, radio and print) interviews as required by Vodacom or the NPO, from the date that they apply and are announced as a successful Applicant through to the expiry of the NPO employment term. Vodacom is not responsible for any additional expenses not agreed to which are incurred in attending any such interviews.

• If, for any reason whatsoever, Vodacom or CallForce are not satisfied with a successful Applicant's performance of his/her duties as set out in these Terms and Conditions or in terms of the employment contract with the NPO, Vodacom and its agents in consultation with the NPO may, after due process has been followed as envisaged in the Fixed Term Agreement (“FTA”), terminate a successful Applicant's employment.

• Each successful Applicant is responsible for his/her own arrangements to notify his/her current employer (and/or educational institution, if relevant) and arranging the 12 (twelve) months leave (whether in the form of resignation from his/her usual employment or not) and neither Vodacom or CallForce nor the selected NPO accepts any liability for any damage or loss arising there from.

• Successful Applicants agree to abide by Vodacom’s Absolute Rules and Vodacom Health and Safety legislation and policies.

• Successful Applicants agree to provide and participate in any surveys and reports as may be requested from time to time – some of which may take place after the completion of the FTA.

In terms of reporting successful Applicants agree:

• The Applicants shall respect the intellectual property rights of third parties. Each Applicant hereby confirms and warrants that all reports will be entirely their own creation.  The Applicant will ensure that they own all intellectual property right in the reports, including but not limited to all copyright. Ownership of any and all intellectual property rights arising from or as a result of the Applicant’s participation in the CtW programme, shall vest with Vodacom and Vodacom shall enjoy the exclusive rights title and interest in such intellectual property.

• The successful Applicant will have the right and authority to provide all of the reports to Vodacom and allow them to be used by Vodacom or any third party without the permission of any third party, and any use or reproducing of the reports will not infringe any third party rights, for example copyright and trademarks.

• Any reports that they create will not be unlawful or objectionable in any way and that their reports will protect the integrity of the NPO and its beneficiaries.

• By uploading his/her reports, each Applicant unconditionally and irrevocably assigns all rights, title and interest in all copyright and all other intellectual property in the reports to Vodacom and waives all his/her rights to the reports.

• Successful Applicants are encouraged to provide links to www.vodacom.co.za/changetheworld on their own social pages (e.g. Facebook, Twitter, etc.)

• Vodacom or its appointed agents will monitor the material uploaded and reserve the right to edit or remove any material (including any reports) at Vodacom’s discretion at any time.

In terms of social media, each successful Applicant agrees to:

• Generate their own social network page on Facebook;

• Provide a minimum of 3 (three) updates, per month, during their FTA (to include photos and video as well as text); and send a minimum of 2 (two) tweets fortnightly relating to their placement, on Twitter (including twitpics) for the duration of their FTA.

• Provide content and interact on their Blog on www.vodacom.co.za/changetheworld (“the Site”)

• Follow other fellow winners’ Facebook updates, Blogs, Twitter accounts and retweets; and provide links to www.vodacom.co.za/changetheworld on their own social media pages (e.g. Facebook, MySpace, The Grid and any other social networks).

Publicity

By entering this competition, Applicants confirm that Vodacom, its agents and members of the Vodacom Group have the right to use each Applicant's entry (including incomplete entries), updates and reports (including written, audio and visual forms) and any photos, videos or personal details and other publicity materials at its absolute discretion for promotional and reporting purposes related to the programme (including but not limited to placement on Vodacom websites and other social media platforms) without any compensation to the Applicant by Vodacom or its agents.

By submitting an entry, each Applicant unconditionally and irrevocably assigns all rights; title and interest in all copyright and all other intellectual property in any material provided to Vodacom and waives all rights in any material provided to Vodacom and its agents.  Successful Applicants acknowledge that Vodacom has the right but not the obligation to do so.

The Applicant’s personal information

Vodacom will collect and process the Applicant’s personal information to conduct the competition and programme and it will be shared with its agents and the adjudicators to the extent necessary for this purpose.

Vodacom will not rent, sell, share or otherwise disclose the Applicant’s details or personal information to third parties so that they can carry out marketing campaigns. However, it may be necessary to share the Applicant’s personal information with third parties who are involved in the delivery of the CtW Programme.

The Applicant agrees to Vodacom and CallForce contacting the Applicant by email, phone and fax when necessary. From time to time Vodacom may be obliged by law or order of the court to disclose the Applicant’s personal information to meet any legal or regulatory requirements or obligations. In such circumstances we will take all reasonable efforts to ensure that those requirements or obligations are in accordance with applicable law.

The successful NPO

The host NPOs of the successful Applicants will be required to enter into a “Vodacom Change the World” Grant Agreement with the Vodacom Foundation. Vodacom will provide the NPO with a grant of seventy thousand rand (R70 000) towards the administration cost and any consumables and additional expenses incurred by the NPO for hosting the Applicant during the 12 month placement.

A further one hundred and twenty thousand rand (R120 000) will be made available by Vodacom through CallForce to be used jointly between the successful Applicant and NPO towards the implementation of the Applicant’s agreed project objectives and goals at the NPO. This may, if applicable, include costs of relocation of the successful Applicant of up to R10 000 for the placement period and if applicable, monthly rent of up to R5 000 (where the Applicant’s primary residence is located more than 150km from the NPO and the Applicant requests temporary accommodation closer to the NPO).

General

Notwithstanding these Terms and Conditions, if a successful Applicant is unable or unwilling to participate for the full 12 (twelve) month period of the FTA or if the successful Applicant participates for only part of the Employment Term with a NPO, or if the successful Applicant otherwise fails to comply with the terms of this agreement, Vodacom and CallForce may withhold all or a pro rata portion, whichever is applicable, of the monthly allowance after due process has been followed. The employment contract with CallForce will contain provisions relating to withholding of payment in these circumstances.

Neither Vodacom, its agents nor the NPO accept any responsibility for a successful Applicant securing future employment of any nature.

Except as expressly stated in these Terms and Conditions, Vodacom shall not be responsible for any expenses that Applicants incur to enter CtW or, if successful, the Applicant’s placement with the NPO.

Vodacom may modify, terminate or suspend the CtW programme in whole or part, at its sole discretion. Any illegible, incomplete or fraudulent applications (in Vodacom or CallForce’s reasonable opinion) will be rejected. Any Applicant who attempts to enter the programme in a manner which, contrary to these Terms and Conditions or by its nature is unjust to other entrants including but not limited to tampering with the operation of the programme’s competition, cheating, hacking, deception or any other unfair practises such as intending to annoy, abuse, threaten, or harass any other Applicants or Vodacom and/or its agents or representatives or the host NPOs and its beneficiaries may be rejected from the programme and competition at Vodacom’s reasonable discretion. Where such actions have significantly impaired the programme or competition, Vodacom may, at its reasonable discretion add further stages to the competition or programme to resolve any problems arising as a result of such actions and ensure the selection process remains fair and transparent to all Applicants. Where Vodacom deems it necessary or desirable to do so in the interest of the programme, it may at its reasonable discretion alter any of the dates specified in these Terms and Conditions.

Applicants agree to release and hold Vodacom, its Foundation, agents, Vodacom Group, its subsidiary and affiliated companies, together with their respective employees, officers, directors, agents and representatives, harmless from any and all losses, damages, rights, claims and actions of any kind with participating in the competition and programme or resulting from their acceptance of a place on the programme, provided that nothing in these Terms and Conditions will in any way limit any party’s liability for death or personal injury caused by its negligence.

Notwithstanding any other provision of these Terms and Conditions, neither Vodacom, CallForce nor its agents shall be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury that is suffered or sustained as a result of participating in this application process or as a result of a successful Applicant's employment with CallForce.

Promotional materials relating to the competition form part of these Terms and Conditions. In the event of any conflict between terms referred to in such promotional materials and these Terms and Conditions, these Terms and Conditions take precedence.

Vodacom's financial support is not transferable, exchangeable or redeemable for cash.

Except as expressly stated in these Terms and Conditions, Vodacom shall not be responsible for any expenses that Applicants or NPOs incur as part of the competition or, if successful, the Applicant’s placement with a NPO.

These Terms and Conditions shall be subject to South African law and governed by the exclusive jurisdiction of South African courts.

 

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