Ugani Foundation and Prothea Kenya present:
Terms and conditions
The following terms and conditions apply exclusively to the aforementioned promotion and all participants in the promotion are deemed to have read, understood and accepted the same:
- The ‘Free 3D Prosthetic Socket’ promotion is organized by the Ugani Foundation, a non-profit organization registered in Belgium under the number BE0794397237.
- The design, manufacturing and distribution of the gift will happen at Prothea Kenya Ltd (“Prothea”).
- The promotion is open to all residents and citizens of the Republic of Kenya who need a prosthetic device. Exclusions from the promotion will be Ugani Foundation and Prothea employees, contractors, their immediate family members, suppliers and all their affiliate organizations and partners. Each beneficiary may be required to declare or affirm in a form of discharge that they do not belong to any of the restricted groups of persons.
- The Ugani Foundation reserves the right to seek verification of eligibility to enter and receive a gift under these Terms and Conditions. If, in Ugani Foundation’s reasonable opinion, a beneficiary is found to be ineligible, Ugani Foundation reserves the right to require the return of any gift already awarded, at its sole discretion, and such beneficiary will be disqualified.
- Ugani Foundation will not be liable for any losses arising from engagement other than those specified in the entry rules.
- Participants who are minors must be assisted to the extent necessary by their parent or lawful guardian.
- By participation in the Promotion, the entrant fully and unconditionally agrees to and accepts these Terms and Conditions and the decisions of the Organizers which are final and binding in all matters related to the Promotion.
- Beneficiary(s) of previous campaigns of the Ugani Foundation are excluded from participation.
- The ‘Free 3D Prosthetic Socket’ campaign shall run up to 31st August 2023.
How to Participate
- Any amputee who wants to participate in the campaign must send a message, whatsapp message or call with their full name and type of amputation to 0700345822.
- Each participant must share the campaign with at least 10 people to be eligible to receive the gift.
- Each entry entitles the participant to enter into the single draw for a chance to receive a 3D printed prosthetic socket.
- Beneficiary(s) will be notified when Prothea can start their manufacturing procedure. The beneficiary(s) must present their original identification card for verification at the gift collection point.
- The draw will be done on the 1st of September 2023 and will consider all the entries that have been received during the promotion period. Any additional entries beyond the promotional period will not be eligible.
- Entry and participation in the campaign constitutes entrant’s consent for the Ugani Foundation, Prothea and their designees to use entrant’s name, image, gift information, likeness and county of residence in the marketing activities related to the campaign in any media without further consideration. The Ugani Foundation and Prothea may further require that any of the beneficiary(s) appear on radio and television or in any other media or event as determined by the Organizers in relation to the receipt of the gifts.
- For every 100 amputees participating in the campaign, one will receive the gift. The amount of gifts will therefore be determined by the number of participants. If there are less than 100 participants, no gift will be distributed.
- Beneficiary(s) will be selected on 1st of September 2023 to receive the gift. The beneficiary(s) will be notified via a call and invited to pick the gift from the Prothea workshop in Nairobi.
- The gifts in this campaign are non-assignable, non-transferable, not exchangeable and are redeemable only in the Republic of Kenya.
- The gift may only be received once, and beneficiary(s) will be ineligible to participate in any other campaign from the Ugani Foundation or Prothea.
- The gift consists of a 3D printed prosthetic socket, and only that. Other parts of the prosthetic, rehabilitation service, consultation or other type of services and parts are not included in the gift.
Draws and Selection of beneficiary(s)
- The draw shall be held at a time agreed upon by the Ugani Foundation.
- The Ugani Foundation will select the beneficiary(s) by random computer selection. Any decisions made on the same by the Ugani Foundation shall be final and binding. The Ugani Foundation may select additional reserve beneficiary(s) to replace any beneficiary(s) of any of the gifts who are subsequently disqualified.
- After selection of beneficiary(s) is done, the decisions made on the same including reward of gifts by the Ugani Foundation shall be final and binding.
- The award of all gifts shall be subject to the authentication of the identity of the selected beneficiary through:
- Proof of identification through National ID card/ original passport.
- Confirmation of beneficiary details provided to the Ugani Foundation.
Notification of gift beneficiary(s)
- Confirmed beneficiary(s) following the draw will be informed in accordance with the guidelines and the decisions made on the same by the Ugani Foundation shall be final and binding.
- If upon notification the selected beneficiary(s) of the gift do not claim their gift within three (3) months after the end of the promotion they will be deemed to have forfeited the same.
- The Ugani Foundation maintains the discretion to select an alternate participant from the draw if a beneficiary fails to claim their gift or is otherwise unable to claim the gift.
Use of Personal Data
- By participating in this promotion, you are deemed to have granted the Ugani Foundation and Prothea the right to contact you for further information.
- By participating in the promotion, all beneficiary(s) of the gifts will be deemed to have granted the Ugani Foundation and Prothea the right to use their full names, photos, videos footage and other details in such media as the Ugani Foundation and Prothea may choose (including and not limited to the internet) for information, advertising and promotional purposes and that they will further agree to participate in all public relations and marketing activities of the Organizers on such terms as the Organizers may require without any additional consideration or prior approval.
- The campaign will happen in accordance with data protection requirements under the EU Data Protection Act.
- All the ownership and intellectual property rights in the footage and visuals taken of any participant, is and shall at all times remain the sole property of the Ugani Foundation within the duration of the campaign.
- Use of the materials stated above shall be at the Ugani Foundation’s discretion and the Ugani Foundation shall be entitled to disclose any of the participant’s details for administering the promotion, marketing and research related activities, fraud prevention and such other purposes as may be provided in terms and conditions herein and the law.
Disqualification and Termination
- The promotion is offered at the sole discretion of the Ugani Foundation and the Ugani Foundation reserves the right to amend or vary these terms and conditions or to suspend / amend / terminate the promotion at any time.
- In case any of these circumstances arise, notice will be given by the Ugani Foundation through social media advertisements. The notice will be effective immediately or on such date as shall be set out in such notifications.
- On termination of this promotion for any reason not attributable to the participants, the participants will be required to redeem their gifts within three (3) months after the termination date.
- The Ugani Foundation reserves the right to terminate any participant’s participation in the promotion or their registration upon:
- Detection of fraud or attempted fraud relating to the participant or their registration.
- Breach of any of these terms and conditions.
- Such circumstances may be determined by the Ugani Foundation.
Other Terms and Conditions
- By entering the Promotion, the participant releases the Ugani Foundation and Prothea from any and all liability for any injuries, loss or damage of any kind to the participant or any other person, including personal injury, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any gift, participation in the promotion, or in any gift-related activity. The participant agrees to fully indemnify the Ugani Foundation and Prothea from any and all claims by third parties relating to the promotion, without limitation.
- Release and Limitations of Liability: Except where prohibited, by participating in the campaign, entrants agree to release and hold harmless the Ugani Foundation and Prothea and their respective parents, subsidiaries, affiliates, promotional partners, gift partners, agents and agencies, and the officers, directors and employees of each of them (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any gift, including, but not limited to: (a) failure to award any component of a gift due to Covid-19 restrictions or the occurrence of any similar public health emergency; or (b) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt, use or misuse of any gift. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Although the Organizers have used reasonable efforts to ensure that all information and materials relating to the Promotion are accurate, they shall not be liable for any inaccuracy or errors in such information and/or material. The Organizers, their agents and subcontractors 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; lockdowns, epidemics/pandemics etc.
- In case of any queries or concerns on the Promotion, participants should call the Customer Care numbers +254 700 345 822.
- By entering the Promotion, all participants and beneficiary(s) agree to be bound by these Terms and Conditions which will be subject to interpretation by the Organizers, whose interpretation shall be final and binding.
- The Organizers reserve the right to amend, modify or change these rules at any time during the Promotion and/or to terminate the Promotion entirely, which amendment, modification, termination or change of these rules or of the Promotion.
- All participants further warrant and represent that they have read and understood these terms and conditions and agree to be bound thereby.
- 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.
- The Promotion is conducted subject to the Belgian Laws.