Toys R Us/Babies R Us reserves the right to alter or amend all its Terms and Conditions without notice. Any abuse whatsoever of the website by any customer constitutes a criminal offence to which shall be dealt with the requisite authorities. Other limitations on the use of the website may be communicated from time to time.

Browsing our website irrevocably signifies your agreement to the above Terms and Conditions.

1. UNINTENTIONAL & OBVIOUS ERRORS

a. While all reasonable precautions are taken by Toys R Us/Babies R Us to provide the most accurate information on our website, in the event that we identify any inadvertent and obvious error(s) in the price, product or service description, images, availability and any other relevant related content, Toys R Us/ Babies R Us will not be obliged to provide you with the affected product(s) via our online store and/or physical stores.

b. Toys R Us/Babies R Us will make every effort to contact and alert the customer of such an error. In such circumstances, the customer will be entitled to cancel the purchase and Toys R Us/Babies R Us will provide the customer with a full refund for the amount paid once verified by Toys R Us/Babies R Us.

c. Furthermore, while we appreciate that the Toys R Us/Babies R Us website may be used as a source of research and information regarding the listed products and pricing before attending one of our many physical stores to purchase the desired goods, please note that the pricing, description and availability on the Toys R Us/Babies R Us website does not constitute an offer by any of our physical Toys R Us/Babies R Us stores. As such, our physical stores will not be obligated to honour such online pricing where it conflicts with our physical store pricing where it is determined to be, in our sole discretion, to be an unintentional and/or obvious error.

d. We therefore recommend that all customers confirm the pricing and availability with the respective store prior to visiting the store to make their purchase.

2. SPECIAL PROMOTIONS

a. Toys R Us/Babies R Us will host a variety of online & store promotions, throughout the year.

b. Our promotions are open to all persons, however, any goods purchased will only be capable of delivery within the borders of the Republic of Botswana and we further reserves our rights to cancel an order where delivery is to be effected to an area in which, in the sole discretion of Toys R Us/Babies R Us, is deemed to not be accessible for delivery.

c. Whilst we will endeavour to ensure that all deliveries are timeously received by our Customers, due to the influx in demand over the promotional period, customers may experience unforeseen delays in the receipt of the delivery of their order(s).

d. Unless expressly stated otherwise, promotional stock is limited, and the promotional items are only available subject to stock availability and/or when it reaches its stock limit for the promotion, thereafter the promotional goods will revert to its original price.

e. Adding a promotional item to your cart does not reserve the item, nor does it guarantee that you will receive the goods, as the goods are only reserved upon successful completion of checkout and the funds being received in our account. Customers’ orders are only confirmed once payment is received and cleared in our bank account, and after you have received a valid order confirmation email. We would therefore recommend using instant payment methods such as Credit Card or Debit Card, in order to avoid disappointment.

f. Toys R Us/Babies R Us does not guarantee a specific saving on any of the goods listed on promotion.

g. Toys R Us/Babies R Us reserves the right to limit the number of units being sold per Order.

h. Due to operational limitations and the influx of customers and sales during the promotional period, Toys R Us/Babies R Us reserves its rights to suspend its “Click & Collect” for the affected period. In such an instance, Customers will have to make use of either our door-to-door courier delivery service or purchase the goods in-store in order purchase the goods at their promotional prices.

i. In the event of a dispute regarding any aspect of the promotion and/or these terms and conditions, the interpretation and decision of Toys R Us/Babies R Us will be final and binding and no further correspondence will be entertained.

j. Toys R Us/Babies R Us will under no circumstance be liable for any error, delay, failure or non-availability of the offer, and are hereby indemnified against any damage or loss you may sustain because of the aforesaid.

k. Toys R Us/Babies R Us reserves its right to cancel, suspend, modify or terminate this promotion, without notice at any time and no liability shall lie against Toys R Us/Babies R Us in favour of any participant and/or third party arising from such modification, cancellation, suspension or termination.

l. Our promotions are also subject to, and must be read in conjunction with, Toys R Us/Babies R Us’ existing Terms and Conditions and any additional applicable Terms and Conditions related to the specified promotion.

3. USE OF OUR WEBSITE

a. Our customers are welcome to browse and/or use our website for their own personal shopping and information purposes only. No other use is permitted without the prior written consent of the Senior management of Toys R Us/Babies R Us. The unauthorized use, copying, reproduction, variation, modification and/or distribution of the content of this website, the uploading of any unlawful, damaging information, viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited.

b. We reserve the right to suspend or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms & Conditions and/or if we believe the information provided by you is untrue, inaccurate and/or incomplete.

c. Customers who purchase goods on our website confirm that they have the necessary legal capacity and appreciate the terms and conditions herein, that is, they are of sound mind and above the age of 18 (eighteen). Where the customer is under the age of 18 (eighteen) or not of sound mind, it will be presumed that they do so upon the supervision of their parent and/or guardian in making purchases on our website and subsequently bound by the terms and conditions of this agreement.

d. Our customers warrant that they will not share their username and password to access their account to any third party and will only be accessed by themselves and/or under their supervision if accessed by a third party.

4. PERSONAL INFORMATION

a. The protection of our customers’ personal information is of paramount importance to us and we strive to ensure compliance with the Protection of Personal Information Act 4 of 2013.

b. By using of our online website and engaging on our platform, including but not limited to, creating your user account and entering our competitions, you may be required to input certain personal information which you consent to be used by Toys R Us/Babies R Us.

c. Where personal information is inputted by a child, it is warranted that such child has received consent of his/her parent and/or guardian to do so and for Toys R Us/Babies R Us to process the information concerned.

d. By consenting to Toys R Us/Babies R Us processing your information, and being our customer, you consent to direct marketing from Toys R Us/Babies R Us by electronic communication.

e. Your personal information will be securely stored on our server to prevent any unauthorized use and/or disclosure of such information. In the unlikely event that such a breach of your personal information occurs Toys R Us/Babies R Us will alert you as soon as reasonably possibly upon the discovery of a breach with sufficient information to take the necessary proactive measures to safeguard against any potential consequences.

f. In keeping with the Act, our customers at all times have the right (subject to providing necessary proof of identity to satisfy our personnel) to request the following:

    * Access to their personal information.

    * The deletion of their personal information.

    * The rectification of their personal information.

    Kindly contact [email protected] so that we may action the above for you soonest.

5. DISCLOSURE OF INFORMATION

a. We are entitled to use and/or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, Order of Court or legal process served on us, or to protect and defend our rights or property.

b. In the event of a fraudulent online payment, Toys R Us/Babies R Us is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

c. Whilst we will do all things reasonably necessary to protect your right of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized and/or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

d. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Toys R Us/ Babies R Us, Toys R Us/Babies R Us shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party.

6. ACCURACY OF INFORMATION

All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content and/or information displayed on our website is always accurate, complete and/or current.

7. RATINGS AND REVIEWS

a. Any comments uploaded by a user of our website or any authorised experts are their opinions alone and do not necessarily represent the views, opinions, beliefs or values of Toys R Us/Babies R Us. By uploading their review / rating, the customer consents to having their name and comment displayed on the website in relation to the product that the customer has reviewed / rated and may be published by Toys R Us/Babies R Us in relation to the specified product.

b. Should you use the rating and review platform to display and spread any hate speech, vulgarity or any other response that is deemed to be harmful at the sole discretion of Toys R Us/Babies R Us, the offending review/ remark will be removed from our website without any notice to the customer responsible for its creation, and may result in the customer’s account being suspended and will further be unable to fully use our website.

c. Furthermore, should Toys R Us/Babies R Us suffer any harm as a result of the comments of the user, we reserve the right to prosecute our claim for damages against the customer personally for the harm and / or loss (be it direct, indirect or consequential) sustained by us as a result of any action or omission of the user.

8. INTELLECTUAL PROPERTY

All material on www.toysrus.co.za; www.babiesrus.co.za (editorial and audio-visual) is protected by copyright. All of the website’s intellectual property rights are specifically reserved. All rights, including but not limited to, copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. Any unauthorized use, reproduction, modification and/or distribution of the content of this website is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

9. ADVERTISING AND HYPERLINKS

At times there may be external hyperlinks which may appear on our website. We do not necessarily have a relationship with any third party who is linked to our website, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third-party material is entirely at your own risk.

10. COLOURS

We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, the actual colours our customers see will depend on the device used to access our website. We cannot warrant that your device’s display accuracy of the colours as these may generally differ.

11. DISCLAIMERS AND EXCLUSIONS OF LIABILITY

a. Toys R Us/Babies R Us makes no representations or warranties of any kind, whether express, implied or otherwise. Toys R Us/Babies R Us or their agents/representatives or employees accept no liability, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the use of our website or the purchase of any of our products or services.

b. You agree, by using this website, to indemnify us against any loss and/or damage suffered and/or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.

c. In the event that any clause contained in these Term(s) is/are invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned.

d. Toys R Us/Babies R Us shall not be regarded as having waived, or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to our customers or we fail to exercise or delay exercising any right we may have, whether the same right or any other right contained herein.

12. USE OF COOKIES

a. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognize repeat users, facilitate the user’s on-going access to and use of a website. This allows a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools.

b. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.

c. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.

13. GOVERNING LAW, JURISDICTION NOTICES

a. Your use of our website, any purchase by you on this website of any products and these conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and will be deemed to have occurred in the Republic of South Africa. You agree, as we do, to submit to the non-exclusive jurisdiction of the South African courts.

b. Your statutory rights are not affected by these terms and conditions of sale.

c. Toys R Us/Babies R Us hereby nominates 4 Northgate Place, Redhill, Durban, KwaZulu-Natal as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”).

d. Toys R Us/Babies R Us may change this address from time to time by updating these Terms and Conditions. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Toys R Us/Babies R Us not less than 7 (seven) days’ & notice in writing. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English.

e. All notices sent - by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting; by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.

a. Our customers are required to register and create an account or sign in with us before placing their order online. Please click on “Register” to complete the registration form.

b. Registration and/or use of our online shopping website constitutes your acceptance and agreement to be bound by these Terms & Conditions. To register, you will be required to provide us with certain information including personal details, including an email address and password. Please keep your password private.

c. We accept no liability for any damages suffered or losses incurred from the use or misuse of your password. You will be required to enter your email address and password each time you visit our online shopping site.

d. To amend any of your details, please go to “My Account” and follow the available link provided. Should the user become reasonably aware of any unauthorized or fraudulent activity, the user should take the necessary steps to mitigate any resultant harm or loss and immediately notify Toys R Us/ Babies R Us of the suspected activity.

e. Toys R Us/Babies R Us accepts no liability for any damages suffered or losses incurred from the use and/or misuse of your password.

a. All products displayed on our website are subject to availability and will be delivered only within the Republic of Botswana where we can accommodate deliveries. All prices shown on our website are quoted in Botswana Pula (P) and are valid and effective for delivery only in the Republic of Botswana.

b. We cannot always guarantee stock availability and will deliver a substitute product, if possible, where our customers have authorized us to do so. If we are unable to supply certain items or quantities ordered, our customers nevertheless agree to accept delivery and make payment for the items delivered.

c. We reserve the right to discontinue and/or change the specifications of our products and services from time to time without notice. We will inform our customers as soon as possible if any products or services ordered by you are not available. Our customers will be charged the prices that are reflected online, subject to availability and their elected delivery address.

d. The prices reflected are Value-Added Tax (VAT) inclusive. Special promotions may be subject to certain additional conditions, including but not limited to, stock availability and limited offer stipulations. Special promotions apply only to items on your original online order (i.e. not on items which are added after the order was placed)

e. We reserve the right, in our sole discretion, to limit quantities of promotional products to 2 (two) per customer or while stocks last.

a. If our customers are for any reason dissatisfied with any item purchased online or in-store, you may elect to return it to any Toys R Us & Babies R Us store for assistance, subject to the below conditions:

    * Item is within 60 days of purchase.

    * Item is in the original, factory sealed packaging.

    * Customer has the proof of purchase on hand.

All return and refund requests will be subject to an assessment prior to any outcome being provided to a customer.

b. Items We Do Not Accept for Exchange/Refunds Before Or After the 60 Day Purchase Period:

    * E-Vouchers and Gift Cards

    * Used apparel;

    * Scratched DVD’s or gaming discs

    * Maternity Wear (unless it is not worn/sealed – original condition)

    * Breast pumps, bottles, teats and dummies (unless these are unopened, and the seal is clearly intact – original condition)

    * Food/formula products that have been opened.

c. Special conditions applicable to returns of defective/faulty products:

Defective products can be returned up to 6 months of delivery date by contacting our Customer Service Team who will be gladly to assist and advise accordingly.

* A “Defective Product” is one which contains a material imperfection in the manufacture or design that renders the product less acceptable, useful or safe than reasonably expected, under the circumstances. A product is in a defective condition if it is dangerous to the user or to consumer, when used in the prescribed way and/or for the purpose for which it was manufactured or designed.

* The product must be defective in itself (due to manufacture or design fault) and not damaged due to inappropriate use.

* When returning a product after the 60 day standard returns period, a customer must provide full reasons for alleging that the product is defective, comply with the standard returns policy and, including stating how the product was utilized during the period that it was in the customer’s possession and provide images of the item in question.

* If the item in question is deemed to not have any defects or deemed defective due to misuse, a refund or exchange will not be granted, however the customer may be quoted on repairs for the unit.

Please Note:

For customers who are dissatisfied with their purchases or with defective unit claims and are unable to visit a store within 60 days, you may request for a collection to be arranged and assessed which can take up to 21 days for feedback to be provided to a customer. Should the item in question be assessed and deemed NOT DEFECTIVE or DEFECTIVE DUE TO MISUSE or DOES NOT MEET THE RETURNS AND EXCHANGE CRITERIA SET OUT ABOVE, the customer will be liable to pay a fee of P100.00 to have the item/s returned to them.

Due to a variety of unforeseen events, our customers may experience double debits when making their purchases. Should this occur, kindly inform our Toys R Us/Babies R Us Customer Service Team immediately in order to investigate this matter. Once confirmed that a double debit has occurred, we will refund the funds debited to your bank account in line with our refunds policy below.

Should you elect for a refund for any successful returns and/or refunds for double debits, it may take between 5 – 10 business days, depending on your banks processing times, in order for the funds to reflect in your account. Kindly further note that the refund method chosen will be the same as the payment method originally used i.e payment by credit card will be refunded to the specified credit card used, payment by EFT will be refunded to your nominated bank account, and payment by Discovery Miles will be refunded to your Discovery Miles account.

a. Deliveries are made Monday to Friday, between 08h00 and 17h00. Toys R Us/Babies R Us does not deliver over weekends and on any recognized/ statutory Botswanan public holidays.

b. Delivery of any order by Toys R Us/Babies R Us will only be effected to accessible areas, in the sole discretion of Toys R Us/Babies R Us, situate within the borders of the Republic of Botswana.

c. Should you wish to amend or change the delivery address of your order, kindly contact our Customer Service Team at (+267) 3500 038 or [email protected] in order to effect the change. Kindly note that the change of delivery address will only be applicable where the order has not been dispatched from our Online Store. Toys R Us/Babies R Us will not incur any liability in the successful delivery of the order to the nominated delivery address as per the order confirmation email.

d. Whilst we endeavour to make every effort to ensure that accurate shipping estimates are provided on the website, we make no warranty that the order will be received by you within said time.

e. Unfortunately, items may be delayed for a variety of reasons beyond our control. When we are informed of any delays that will mean your items will arrive after the shipping estimate period has elapsed, then we will attempt to notify you as soon as possible. You may cancel a delayed item, without incurring any re-stocking fees, at your discretion, or wait for it to arrive.

f. Due to the influx of purchases taking place on Black Friday and the festive period, and while we will always endeavour to ensure that your Order(s) are timeously delivered, kindly anticipate unforeseen delays due to the strain placed on our couriers nationally.

Please visit our Frequently Asked Questions (FAQs) to read more about our delivery process.

It must be noted that, Toys R Us/Babies R Us reserves its right to withdraw our “Click & Collect” service to customer's subject, but not limited, to the following:

* Repeated unavailability of an authorized signatory to take delivery during the assigned collection slot.

* Excessive returns that misuse the reasonable nature of the Service.

* Repeat and/or excessive short supply or damage claims for which responsibility cannot be determined.

Our customers’ offer is deemed to only be accepted when they receive an order confirmation from Toys R Us/Babies R Us. By submitting your order and payment card details you warrant that you are authorised to make payment with the selected payment card and that there are sufficient funds available to pay for the order.

a. If, for any reason, you would like to cancel an order, this may be done only by visiting “Track Your Order” on our website or by contacting our Customer Service Team on (+267) 3500 038 and [email protected].

b. You will only be able to cancel orders until midnight on the day prior to the date of delivery. We may debit your payment card for the delivery fees in respect of any late cancellations.

c. If your payment is cancelled for any reason or if your payment card should cease to be valid for whatever reason after receipt of the goods, you will remain liable for the full purchase price, including all related costs. We reserve the right to cancel any order/sale and/or your registration in the event of a breach of any of these Terms & Conditions.

a. A date will appear alongside the product status on the product page, indicating when this particular item will be available after pre-order.

b. Our customers can place a Pre-Order for this item and provided payment has been successfully processed through our payment gateways, we will then attempt to make sure that you can receive the item on, or as soon after this date as possible.

c. Please note that unfortunately, these dates are subject to change. We will notify anyone who has placed a Pre-Order for an item of any changes as soon as we are informed of them.

1. WHY USE THE BABIES R US REGISTRY?

1.a. The Babies R Us Registry (“Registry”) is an innovative service to provide ease of convenience to the mum-to-be as they prepare for their new exciting adventure in motherhood.

1.b. The Registry offers mum-to-be the opportunity to create and share their Registry with friends and family, to aid them on their wonderful motherhood journey, and ease the costs of child-care and birth.

1.c. Babies R Us would also like to be part of the family in supporting mums-to-be in this journey, not only by our friendly and expert sales assistants and wide selections of goods for your specific needs, but by also providing mums-to-be with a Completion Discount Coupon, up to the value of 5% (five percent) of the total value bought off your Registry, for use on our online store.

1.d. All purchases from our Registry includes a 90-day return and/or exchange policy to ensure that our mum’s-to-be are satisfied with their purchases. Please note that this will be in-line with the Babies R Us returns/exchange policy.

1.e. Mums-to-be can also select their level of privacy required for their Registry (either public or private), as well as customise their Registry in keeping with the wishes of the mum-to-be.

1.f. Furthermore, we provide free delivery on all purchases made from your Registry.

2. HOW DO I QUALIFY FOR THE COMPLETION DISCOUNT COUPON?

2.a. All items in the Registry will need to be purchased to qualify for the 5% (five percent) Completion Discount Coupon.

2.b. A minimum value fulfilled of P1800-00 (one thousand, eight hundred Pula) is required.

2.c The Registry needs to be in existence and unaltered for an uninterrupted period of 14 (fourteen) days from the date of the of the Baby Shower to qualify. The Registry must then be “closed” in order to receive the coupon and an email will be sent to the recipient prompting the closure of the Registry in order to receive the Completion Discount Coupon.

2.d. Once the Completion Discount Coupon is received it will be valid for a period of 3 (three) months after the Baby Shower date.

2.e. Should a Customer fail to close their Registry, the Registry will be automatically closed after 21 (twenty-one) days from the date of the Baby Shower. You will not be eligible to receive 2 (two) Completion Discount Coupons within a period 8 (eight) months from the last date of redemption.

3. HOW WILL I RECEIVE MY COMPLETION DISCOUNT COUPON?

3.a. Once you have met the above criteria, our friendly staff will provide the mum-to-be with an email with their unique Completion Discount Coupon code to be used on our Babies R Us online store.

3.b. The Completion Discount Coupon will only be valid for a period of 3 (three) months from date of the Baby Shower.

3.c. You may not receive and/or use another Completion Discount Coupon on your profile for a period of 8 (eight) months since your last redemption.

4. FREQUENTLY ASKED QUESTIONS (FAQ's)

4.a. Can I create a registry without creating an account on the Babies R Us website? Unfortunately, you will be unable to create a Registry without first creating an account on the website. The creation of your account on our website is integral as this will allow you to transact on our website and store your Registry for ease of access and sharing.

4.b. Do I need to have an account to purchase off a Registry as a guest? If you are purchasing the goods online, you will have to register an account on the Babies R Us website. This will also be necessary to allow for items purchased online to be updated on the Registry to “purchased”. The purchasing guest will need to logon to their account, or create an account, when making a purchase off a Registry.

4.c. What is the return/exchange policy for an item purchased off the Registry? We have a 90-day returns policy from the date of purchase only for the items purchased from the Registry. The customer is required to be in possession of a gift receipt or invoice and the Registry ID must be indicated on the receipts.

4.d. Will you be able to purchase on a Registry after the Baby Shower date? Once the Registry is closed on the system, no further purchases will be allowed to be made from the Registry.

a. We welcome any comments about our service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, let us know about your unpleasant experience you have had with our company, please e-mail our Customer Service department stating clearly that you are making a complaint and use email address: [email protected]. Alternatively, call us on (+267) 3500 038

b. While we will endeavour to respond within 24 (twenty-four) hours to let you know that we are working on the matter, our aim is to respond and resolve the matter within five (5) working days, either resolving the complaint, or with a timescale for resolution.

1.a. Competitions are open only to residents of the Republic of Botswama only and all entries must be made in the English language.

1.b. Anyone working for Toys R Us/Babies R Us or any family members or associates are prohibited from entering any of the competitions hosted by Toys R Us/Babies R Us, and further any associated Company and/or any professional and/or commercial entities are similarly prohibited from entering.

1.c. The closing date for any competition is as stated on the entry form or related material disclosing same.

1.d. No late entries will be allowed or accepted as being eligible for any competition.

1.e. Winners under the age of 18 (Eighteen) years old will require permission from a parent and/or guardian to collect their prize.

1.f. Winners may be required to submit proof of age and/or Identity document or prove ownership of authorized use of the mobile device or other capable related device that was used to enter the competition in question.

1.g. The prizes are non-transferable in whole or in part, must be taken as stated, and are not capable of being exchanged or returned for cash or equivalent and may not be sold to any third party. No cash alternative is available to any prize unless expressly stated by an authorized Toys R Us/Babies R Us representative in writing.

1.h. Our prize winners must confirm acceptance of the prize as stated within 1 (one) week of the winner(s) being announced. Should the winner(s) fail to do so, the prize winner(s) will no longer be eligible for a prize, and hence forfeited, and that prize will be re-drawn/next highest score at the discretion of Toys R Us/Babies R Us.

1.i. We accept no responsibility for any incorrect and/or incomplete registration details that our customers may supply as part of their registration and responsibility will not be accepted for undelivered, lost or delayed text messages or postal entries, nor for any network errors for which there may be delays during peak time.

1.j. Please note that proof of sending your entry is not deemed to be proof of receipt by us. Technical or ineligible errors will void entries.

1.k. If any prize offered is unavailable, we reserve the right to select alternate prizes of equivalent value, modify, supplement, withdraw all or part of this competition without further notice and there are no refunds for cancelled competitions. Entrants acknowledge that in consideration of the prize(s) offered to winners by us, the winning entries may be released, displayed to the public by us or any company connected with the promotion.

1.l. Toys R Us/Babies R Us reserves the right to use the winner(s) name, picture and likeness on websites, social media and/or any other relevant platform as well as for future campaigns or promotional events.

1.m. By participating and / or entering these competitions the entrants expressly declare that they understand and accept all Terms & Conditions on this website and are duly authorized to participate in the relevant competition.

1.n. The editors’ and/or Judges’ decision will be final. Multiple winners may be subject to a tie-break procedure to decide an outright winner.

1.o. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in automatic disqualification.

1.p. Unless otherwise stipulated, Toys R Us/Babies R Us uses a comment selection tool for social media that selects the winner randomly and selects the winner from unique commenters.

1.q. Toys R Us/Babies R Us reserves its right to amend, modify, alter, suspend and/or terminate any competition without notice, or the incurrence of any liability against itself by any participant, winners or third parties arising from such amendment, modification, alteration, suspension and/or termination of the competition.

1.r. The above competition Terms and Conditions are not exhaustive and must be read with the specific Terms and Conditions of each competition unless expressly stated otherwise.

2. Indemnity

2.a Toys R Us will not be held liable for any harm and/or loss sustained by the winner for any use of the prize by itself, or unauthorised use by any other third-party;

2.b. Toys R Us will never be obligated to replace any prize to the winner;

2.c. The winner does hereby set out the following in respect of their personal capacity, and/or in respect of their child/ward:

* To the fullest extent permitted by law, the winner irrevocably agrees to indemnify and hold harmless Toys R Us including its staff, employees, directors, suppliers, franchisor, agents, successors in title and officers from, and against, any and all claims and losses arising out of, or where such claim arises in relation to, or as a result of any action or omission conducted by Toys R Us in respect of this competition, and anything related to the prize.

* The winner indemnifies Toys R Us and holds it harmless from all liabilities for any personal injury or death that may be suffered or sustained and shall not have any claim of any nature against Toys R Us or its employees for any loss, damage or injury which may be suffered directly or indirectly (even if such loss, damage or injury is caused through the negligence of the company or its agents or employees) as a result of this competition.

* The winner indemnifies and hold harmless Toys R Us from any third-party claim arising out of hazardous/defective and/or related harm arising from this competition and prize.

3. Protection of Personal Information Act 4 of 2013 (Hereinafter “POPI Act”)

By submitting an entry to any Competition, the entrant hereby consents and warrants that:

3.a. Toys R Us may process the winner’s personal information and/or special personal information in respect to any Minor(s) that may be included in whole or part in any materials produced, with Toys R Us employees, contractors, or agents for the purposes of this competition, which processing will be in accordance with the Protection of Personal Information Act No. 4 of 2013.

3.b. Toys R Us has the right to use the winner’s names, likeness and other personal information in conjunction with a competition video on the following, but not limited to, media platforms, to showcase Toys R Us’ marketing initiatives:

* Toys R Us & Babies R Us Botswana Facebook Pages;

* Toys R Us & Babies R Us Botswana Twitter Accounts;

* Toys R Us & Babies R Us Botswana Instagram Accounts;

* Toys R Us & Babies R Us Botswana YouTube Channels;

* Toys R Us & Babies R Us Botswana websites and blogs;

* Toys R Us & Babies R Us Botswana TikTok Accounts;

* Toys R Us & Babies R Us Botswana Pinterest Accounts;

* As well as print and voice media.

3.c. By entering into a Competition, the Entrant hereby agrees to the following:

* That the entrant has been duly informed of the rights accrued in terms of the POPI Act and specified the manner in which it will process the personal information and/or special personal information in terms of the POPI Act.

* In consideration for participation in the Competition, and/or as the parent/legal guardian of any Minor(s) included in any photographs and recordings for purposes of the Competition, and hereby grants the following rights and permissions to Toys R Us, its representatives, and assignees, those for whom the Toys R Us is acting, and those acting with its authority and permission, the absolute right and permission to:

- Use the Material in media (consumer print, out-of-door usage, POP, a collateral in-store, marketing and public relations materials, broadcast media, cable, radio, internet, social media platforms), internal use by Toys R Us, public relations, point of purchase, go-cards, packaging, all forms of print, collateral, corporate advertising, in-cinema and industrial use as well as for education documentary and informative purposes, for all types of internal or external non-commercial communications such as for instance but not only, the Toys R Us website terms and conditions, annual report and press pack under the terms and conditions of this Competition, and such usage shall not give rise to remuneration.

- Take, use, re-use, publish, and re-publish the material of the Entrant, family members and/or the Minor(s) in which they may be included in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the names of the respective parties, or reproductions of such Materials in colour or otherwise, made through any medium at a studio or elsewhere, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. The Entrant consents to the use of any published matter in conjunction with such photographs.

* The Entrant acknowledges that in connection with the production or anticipated production of the Material that they hereby release and indemnify Toys R Us, its affiliates and subsidiaries and/or its respective agents, directors, officers, shareholders, employees, representatives and all persons acting on their behalf from any and all claims, demands, causes of action, costs, expenses or other liabilities that may arise from any and all injuries that the Entrant and/or any Minor(s) may sustain as a direct, indirect or consequential result of the use of the Material (hereinafter “Claims”).

* The Entrant hereby irrevocably consents to the unrestricted right to the processing and publication of Materials of the Entrant and/or Minor(s) in which the Entrant may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without their respective inspection and/or approval. The Entrant hereby release Toys R Us and its representatives and assignees from all claim and liability relating to said Materials and the Entrant or any Minor(s) included for purposes specifically consent to the digital compositing or distortion of the portraits or pictures, including without any restriction any changes or alterations as to colour, size, shape, perspective, context, foreground or background. The Entrant waives any right that they or the Minor(s) may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such Material or the use to which it may be applied.

* The Entrant hereby releases and discharges and agrees to hold Toys R Us, its representatives or assignees, and all persons acting under his/her permission or authority or those for whom he/she is acting, free from any liability by virtue of any reason in connection with the making and use of such Material, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur to be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any Claim for libel or violation of any right or publicity or privacy.

* Notwithstanding the above release and indemnities, the Entrant and/or Minor(s) shall have the right to claim authorship in the work, and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the Entrant and/or Minor(s) including but not limited to the use of the Material for illegal purposes.

* If any Minor(s) are included in whole or in part in the Materials, the Entrant hereby warrants that they are a legally competent adult and a parent or legally appointed guardian of the Minor(s), and that they have the necessary capacity to contract for the Minor(s) in the above regard. Furthermore, the Entrant warrants that they have read the above authorisation, release and these terms and conditions prior to its execution and that they are familiar with the contents and hereby consent to the release. This release shall further be binding on the Entrant and/or Minor(s) and their respective heirs, representatives and assignees.

3.d. Whilst every precaution is taken to ensure that personal information (and special personal information) in possession is kept secure, we cannot be held liable in the event that information is breached by an unauthorised third party where we could not have foreseen, and where we have not been reckless or grossly negligent in terms of our compliance with the Protection of Personal Information Act 4 of 2013. In the event of a breach, Toys R Us will take every necessary precaution to notify where applicable, the information regulator and the data subject pertaining to the breach and the measures taken to prevent any further loss of personal information and secure your account and/or information.

3.e. All Entrants may have their details removed from the Toys R Us database by submitting written request via email to [email protected]. Take note that if the details are removed, the entrant will forfeit their right to claim any prize and will no longer be regarded as being a part of the competition.

Please also note:

* Toys R Us reserves the right to amend, modify, change, suspend or cancel this competition and any prize/s, or any aspect linked thereof, without notice at any time, for any reason that it deems necessary. All Entrants will waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against Toys R Us, its employees and agents.

* Participation in this Competition constitutes acceptance of these Competition rules, and all Entrants will agree to abide by these terms and conditions. Any derogation these Competition rules will not constitute a variation or amendment unless reduced to writing.

* Should there be any terms or conditions that you do not understand, it is your duty to contact Toys R Us ([email protected]) for further clarity regarding the terms and conditions.

* Toys R Us reserves full rights in respect of providing a prize to the winner with its decision being final and binding.

* Toys R Us reserve the right to vary, suspend, postpone or terminate this competition and any prizes, or any aspect thereof, for any reason whatsoever at any time without notice. In such event, all entrants agree to waive any rights that they have in respect of this competition and acknowledge that they will have no recourse against Toys R Us.

* In the event of a dispute in regard any aspect of the competition and/or these terms, the decision of Toys R Us will be final and binding and no correspondence may be entered into.

* By entering this competition, you agree to be bound by the terms set out above.

1. Definitions and Interpretation

1.a. “Promotion” – means this “BLACK FRIDAY PROMOTION” held by Babies R Us incorporating all its terms and conditions;

1.b. “Babies R Us” – means Toys R Us and Babies R Us trading under:

1.c. Amic Trading (Pty) (Registration Number: 2012/166642/07) including all its subsidiaries

1.d. Amic Toy and baby Namibia (Pty) (Ltd) (Registration Number: 2013/0121) including all its subsidiaries;

1.e. Amic Toy and baby Zambia (Pty) (Ltd) (Registration Number: 128645) including all its subsidiaries;

1.f. Amic Toy and baby Botswana (Pty) (Ltd) (Company Number: CO2014/11188) including all its subsidiaries;

1.g. “Promotion” – means:

* between 0% and up to a maximum of a 90% discount on selected items determined by Babies R Us;

* Babies R Us reserves its right to change/amend the selected items that are applicable for a discount as well as the discount itself;

* all selected items will be marked appropriately on the Babies R Us website as well as in the Babies R Us physical stores.

1.h. Website” – means the Toys R Us website and the Babies R Us website.

1.i. “Customer” – means:

* a customer that is signed into their Babies R Us website account and will be making an online purchase on the Babies R Us website;

* a customer that is making a purchase in our physical stores across South Africa.

2. Website sales will commence on 24 November 2023 (time to be announced and confirmed on the day via Babies R Us our social media pages).

3. Instore sales at Babies R Us physical stores will commence on 24 November 2023. Please check in with your preferred shopping mall housing your favourite Babies R Us store for early and extended shopping hours.

4. The customer must create and be signed into their Babies R Us account when purchasing on the website.

5. Where delivery is applicable, due to high volumes, delivery can take between 10-12 working days, however, delivery may be further delayed due to circumstances outside of Toys R Us’ control. While we endeavour to ensure that all deliveries are timeously received by our customers, due to the influx in demand over the promotional period, customers may experience unforeseen delays in the receipt of the delivery of their orders.

6. While all reasonable precautions are taken by Babies R Us to ensure that we provide our customers with the most accurate information for all our items, in the event that we identify any inadvertent and/or obvious errors in the price, item or service description, images, availability and any other relevant content, Babies R Us will not be obliged to provide our customers with the affected item and/or service via our online and/or physical stores. Therefore, Babies R Us reserves the right to cancel any order due to these unforeseen and obvious errors and will refund the amounts paid to the customer once verified.

7. Unless expressly stated otherwise, promotional items are in limited quantity, and are available subject to stock availability, or until it reaches its stock sale limit, thereafter the promotional items will revert to its original price.

8. Adding a promotional item(s) to your cart does not reserve the item(s), nor does it guarantee that you will receive the promotional items, as the promotional items are only reserved upon successful completion of checkout.

9. Customers’ orders are only confirmed once payment is received in our bank account, and after you have received a valid order confirmation email. We would therefore recommend using instant payment methods such as Credit Card, Debit or Instant EFT, in order to avoid disappointment.

10. If a promotional item(s) is/are purchased before the scheduled time of the promotion, the amount owed at the time of checkout will be due, and no refunds for the difference in price between the checkout and the promotional price will be authorised by Babies R Us. The customer will still be entitled to cancel their order and re-order the item(s) at the promotional price if stock is still available.

11. Babies R Us does not guarantee a specific saving on any of the goods listed on promotion.

12. Babies R Us reserves the right to limit the number of units capable of being sold per order.

13. No retrospective application for promotions will apply;

14. Babies R Us reserve the right to vary, suspend, postpone or terminate this promotion and the promotional items, for any reason whatsoever at any time without notice. In such event, all entrants agree to waive any rights that they have in respect of this promotion and acknowledge that they will have no recourse against Babies R Us. All customers will waive any rights that they may have in terms of this Promotion and acknowledge that they will have no recourse against Babies R Us, its employees and agents.

15. The entrant must be a natural person who is at least 18 years old.

16. This Promotion is only applicable on the Babies R Us website and the Babies R Us physical stores in South Africa, Namibia, Zambia & Botswana.

17. All coupon codes will not be active during the Black Friday Promotion

18. 20% off ALL LEGO Sets this Black Friday! - Excluding selected Black Friday sets already discounted up to 40% off. Deals are available in-store & online from 24 -26 November 2023 ONLY OR while stocks last!

* NB: Please note that the discount is applied to the standard selling price, not the promotional price. Sets may vary in-store. Promotion does not include LEGO stationery & LEGO-licensed products.

19. Should there be any terms or conditions that you do not understand, it is your duty to contact Toys R Us ([email protected]) for further clarity regarding the terms and conditions.

1. Definitions & Interpretation

1.a. “Promotion” – means this “1ST TIME BUYER’S COUPON” held by Toys R Us incorporating all its terms and conditions;

1.b. “Toys R Us” – means Toys R Us and Babies R Us trading under Amic Trading (Pty) (Registration Number: 2012/166642/07) including all its subsidiaries;

1.c. “Coupon” – means:

* a 10% discount on the total cart value for the 1st Time Buyer on their first purchase only;

1.d. “1st Time Buyer” – means a customer that is making their first online purchase on the Toys R Us website;

1.e. “website” – means the Toys R Us website, excluding the Toys R Us website

2. Coupons Condition Criteria:

2.a. only one coupon per 1st Time Buyer and only one coupon per account;

2.b. only 1st Time Buyers who will be purchasing for the first time from their BRU account will be eligible for the coupon;

2.c. the coupon can only be used on the 1st Time Buyer’s first purchase and has no retrospective application will apply;

2.d. the coupon is valid for online purchases only;

2.e. the coupon will not apply to promotional items and items in the video games category.

3. This Promotion is only open to citizens currently residing within the Botswana.

4. This Promotion is only applicable on the Toys R Us online website.

5. The 1st Time Buyer must have an account with Toys R Us and must be signed in to be able to apply the coupon on checkout.

6. Toys R Us reserves the right to amend, modify, change, suspend or cancel these terms, or any aspect linked thereof, without notice at any time, for any reason that it deems necessary.

7. Should there be any terms or conditions that you do not understand, it is your duty to contact Toys R Us ([email protected]) for further clarity regarding the terms and conditions.

1. Definitions and Interpretation

In this Competition Terms and Conditions (“the Terms”), unless the context otherwise requires, the following terms shall have the meanings assigned to them below:

1.1. “Competition” – means this “BIRTHYAY BOTSWANA COMPETITION” held by Babies R Us incorporating all its terms and conditions;

1.2. “Babies R Us” – means Babies R Us and Toys R Us trading under:

1.2.1. Amic Toy and baby Botswana (Pty) (Ltd) (Company Number: CO2014/11188) including all its subsidiaries;

1.3. “Entrant/s” – means any person who enters the Competition;

1.4. “Winner” – means:

1.4.1. the confirmed, eligible, selected winner of this competition in each of the countries below, that who has complied with all the terms set out herein and to whom is eligible to claim the prize:

1.4.1.1. 1 (one) winner will be confirmed for Babies R Us store in Botswana;

1.5. “Prize” – means:

1.5.1. 1 (one) Babies R Us voucher to the value of 750.00 Botswanan Pula;

1.6. References to “clauses” and “sub-clauses” are references to the clauses and sub-clauses of these Terms;

1.7. The headings of clauses and sub-clauses are included for convenience only and shall not affect the interpretation of these Terms;

1.8. Words importing the singular number shall include the plural and vice versa, and words importing either gender shall include both genders;

1.9. Reference to "day/s" shall be construed as calendar days unless qualified by the word "business", in which instance a "business day" will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of Botswana from time to time. References to “months” shall be construed as calendar months;

1.10. Unless specifically otherwise provided, the number of days indicated to commit an act or indicated for any other purpose, is calculated by excluding the first day and including the last day;

2. This Competition is only applicable within the following physical stores:

2.1. Babies R Us store located in Botswana;

3. The Competition period will commence from the 20th of July 2023 and run until the closing date being close of business on 4th of September 2023. Any entries received out of this period will not be eligible for entry into the Competition and will not be considered.

4. Entry Criteria

4.1. Entry into the competition is dependent on the acceptance to the terms set out herein.

4.2. The entrant must be a natural person who is at least 18 years old and a citizen currently residing within the country of the store they enter in.

4.3. The entrant must make a purchase within the selected Babies R Us store as set out above during the competition period.

4.4. The entrant must complete all their contact details (i.e. Name, number and email address) on the back of their original till slip and hand/place their till slip as directed by the Babies R Us employees within the store. The Customer may request a copy of their till slip.

4.5. Entry into this competition excludes the entry of any directors, members, managers, supplier of goods or services in connection with this competition, any other entity which directly or indirectly controls or is controlled by Babies R Us, or employees of Babies R Us inclusive of their spouse, life partner/s, parent/s, child/children or sibling/s or any other related person that Babies R Us reasonably determines to be sufficiently close to the said excluded person.

5. Winner Selection

5.1. The Entrant will then be selected by random draw by the Babies R Us employees within the store.

5.2. There will only be 1 (one) winner selected.

5.3. Babies R Us reserves full rights to select the winner with its decision being final and binding.

6. Redemption of Prize

6.1. The winner, after being confirmed to have adhered to all this competition’s terms and conditions, will be contacted and be asked to come into the store to be handed the prize.

7. Winners and their prizes may be announced publicly via Babies R Us’ various social media platforms.

8. The Winner will be contacted directly prior to the prize giving via the contact details provided on their till slip in order to confirm details and logistics of prize giving.

9. Babies R Us reserves its rights to request from the winner, documentary or any other forms of proof, confirming their eligibility and fulfilment of the entry criteria to enter into this competition.

10. No third-party may submit an entry on behalf of any Entrant without their express written consent, proof of which is required when prompted by the authorised Babies R Us representative.

11. The winner consents to:

11.1. acceptance of the terms and conditions of Babies R Us Performer Artiste Release agreement;

11.2. any content created or referenced by Babies R Us featuring the winner will be owned by Babies R Us and will not be sent to the winner before publishing onto Babies R Us various social media platforms or submitted for public relations purposes;

11.3. video, photo or voice content to be published on all Babies R Us’ various media platforms (including but not limited to, social media) which may be re-shared on the winner’s media platforms via the respective media platforms.

11.4. allowing Babies R Us to conduct inquiries into confirming the winner’s eligibility in claiming the prize.

12. Prizes are non-refundable, non-transferrable, not exchangeable, not capable of being exchanged for any form of credit and may not be redeemed for cash. In the event that the prize is not available despite Babies R Us’ reasonable endeavours to procure the prize, Babies R Us reserves the right to substitute prizes.

13. Indemnity

13.1. Babies R Us will not be held liable for any harm and/or loss sustained by the winner for any use of the prize by itself, or unauthorised use by any other third-party;

13.2. Babies R Us will never be obligated to replace any prize to the winner;

13.3. The winner does hereby set out the following in respect of their personal capacity, and/or in respect of their child/ward:

13.3.1. To the fullest extent permitted by law, the winner irrevocably agrees to indemnify and hold harmless Babies R Us including its staff, employees, directors, suppliers, franchisor, agents, successors in title and officers from, and against, any and all claims and losses arising out of, or where such claim arises in relation to, or as a result of any action or omission conducted by Babies R Us in respect of this competition, and anything related to the prize.

13.3.2. The winner indemnifies Babies R Us and holds it harmless from all liabilities for any personal injury or death that may be suffered or sustained and shall not have any claim of any nature against Babies R Us or its employees for any loss, damage or injury which may be suffered directly or indirectly (even if such loss, damage or injury is caused through the negligence of the company or its agents or employees) as a result of this competition.

13.3.3. The winner indemnifies and hold harmless Babies R Us from any third-party claim arising out of hazardous/defective and/or related harm arising from this competition and prize.

14. Disqualification

14.1. Should the winner be unable to provide Babies R Us with proof of fulfilment of any terms and conditions contained in these terms when prompted, such entrant will be disqualified, and forfeit any and all prizes accrued to him/her.

14.2. Should the winner be disqualified for non-compliance with the term set out herein, no prize will be given.

14.3. Should it be determined that the entrant has submitted false/incorrect information relating to their entry into this Competition, the entrant will be disqualified from the competition and any and all prize/s that may have accrued will be forfeited and must be returned or paid for in cash to the value of the prize. Babies R Us reserves its right to take any further legal action.

14.4. Should the winner be disqualified for non-compliance with the term set out herein, a new winner will be selected via a random selection and will be awarded the title of winner and be entitled to the prize. This process will continue until a winner is found to be compliant of all terms.

15. Protection of Personal Information Act 4 of 2013 (Hereinafter “POPI Act”)

By submitting an entry to this Competition, the entrant hereby consents and warrants that:

15.1. Babies R Us may process the winner’s personal information and/or special personal information in respect to any Minor(s) that may be included in whole or part in any materials produced, with Babies R Us employees, contractors, or agents for the purposes of this competition, which processing will be in accordance with the Protection of Personal Information Act No. 4 of 2013.

15.2. Babies R Us has the right to use the winner’s names, likeness and other personal information in conjunction with a competition video on the following, but not limited to, media platforms, to showcase Babies R Us’ marketing initiatives:

15.2.1. Babies R Us & Toys R Us Botswana Facebook Pages;

15.2.2. Babies R Us & Toys R Us Botswana Twitter Accounts;

15.2.3. Babies R Us & Toys R Us Botswana Instagram Accounts;

15.2.4. Babies R Us & Toys R Us Botswana YouTube Channels;

15.2.5. Babies R Us & Toys R Us Botswana websites and blogs;

15.2.6. Babies R Us & Toys R Us Botswana TikTok Accounts;

15.2.7. Babies R Us & Toys R Us Botswana Pinterest Accounts;

15.2.8. As well as print and voice media.

15.3. By entering into this Competition, the Entrant hereby agrees to the following:

15.3.1. That the entrant has been duly informed of the rights accrued in terms of the POPI Act and specified the manner in which it will process the personal information and/or special personal information in terms of the POPI Act.

15.3.2. In consideration for participation in the Competition, and/or as the parent/legal guardian of any Minor(s) included in any photographs and recordings for purposes of the Competition, and hereby grants the following rights and permissions to Babies R Us, its representatives, and assignees, those for whom the Babies R Us is acting, and those acting with its authority and permission, the absolute right and permission to:

15.3.2.1. Use the Material in media (consumer print, out-of-door usage, POP, a collateral in-store, marketing and public relations materials, broadcast media, cable, radio, internet, social media platforms), internal use by Babies R Us, public relations, point of purchase, go-cards, packaging, all forms of print, collateral, corporate advertising, in-cinema and industrial use as well as for education documentary and informative purposes, for all types of internal or external non-commercial communications such as for instance but not only, the Babies R Us website terms and conditions, annual report and press pack under the terms and conditions of this Competition, and such usage shall not give rise to remuneration.

15.3.2.2. Take, use, re-use, publish, and re-publish the material of the Entrant, family members and/or the Minor(s) in which they may be included in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the names of the respective parties, or reproductions of such Materials in colour or otherwise, made through any medium at a studio or elsewhere, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. The Entrant consents to the use of any published matter in conjunction with such photographs.

15.3.3. The Entrant acknowledges that in connection with the production or anticipated production of the Material that they hereby release and indemnify Babies R Us, its affiliates and subsidiaries and/or its respective agents, directors, officers, shareholders, employees, representatives and all persons acting on their behalf from any and all claims, demands, causes of action, costs, expenses or other liabilities that may arise from any and all injuries that the Entrant and/or any Minor(s) may sustain as a direct, indirect or consequential result of the use of the Material (hereinafter “Claims”).

15.3.4. The Entrant hereby irrevocably consents to the unrestricted right to the processing and publication of Materials of the Entrant and/or Minor(s) in which the Entrant may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without their respective inspection and/or approval. The Entrant hereby release Babies R Us and its representatives and assignees from all claim and liability relating to said Materials and the Entrant or any Minor(s) included for purposes specifically consent to the digital compositing or distortion of the portraits or pictures, including without any restriction any changes or alterations as to colour, size, shape, perspective, context, foreground or background. The Entrant waives any right that they or the Minor(s) may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such Material or the use to which it may be applied.

15.3.5. The Entrant hereby releases and discharges and agrees to hold Babies R Us, its representatives or assignees, and all persons acting under his/her permission or authority or those for whom he/she is acting, free from any liability by virtue of any reason in connection with the making and use of such Material, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur to be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any Claim for libel or violation of any right or publicity or privacy.

15.3.6. Notwithstanding the above release and indemnities, the Entrant and/or Minor(s) shall have the right to claim authorship in the work, and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the Entrant and/or Minor(s) including but not limited to the use of the Material for illegal purposes.

15.3.7. If any Minor(s) are included in whole or in part in the Materials, the Entrant hereby warrants that they are a legally competent adult and a parent or legally appointed guardian of the Minor(s), and that they have the necessary capacity to contract for the Minor(s) in the above regard. Furthermore, the Entrant warrants that they have read the above authorisation, release and these terms and conditions prior to its execution and that they are familiar with the contents and hereby consent to the release. This release shall further be binding on the Entrant and/or Minor(s) and their respective heirs, representatives and assignees.

15.4. Whilst every precaution is taken to ensure that personal information (and special personal information) in possession is kept secure, we cannot be held liable in the event that information is breached by an unauthorised third party where we could not have foreseen, and where we have not been reckless or grossly negligent in terms of our compliance with the Protection of Personal Information Act 4 of 2013. In the event of a breach, Babies R Us will take every necessary precaution to notify where applicable, the information regulator and the data subject pertaining to the breach and the measures taken to prevent any further loss of personal information and secure your account and/or information.

15.5. All Entrants may have their details removed from the Babies R Us database by submitting written request via email to [email protected]. Take note that if the details are removed, the entrant will forfeit their right to claim any prize and will no longer be regarded as being a part of the competition.

16. Babies R Us reserves the right to amend, modify, change, suspend or cancel this competition and any prize/s, or any aspect linked thereof, without notice at any time, for any reason that it deems necessary. All Entrants will waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against Babies R Us, its employees and agents.

17. Participation in this Competition constitutes acceptance of these Competition rules, and all Entrants will agree to abide by these terms and conditions. Any derogation these Competition rules will not constitute a variation or amendment unless reduced to writing.

18. Should there be any terms or conditions that you do not understand, it is your duty to contact Babies R Us ([email protected]) for further clarity regarding the terms and conditions.

19. Babies R Us reserves full rights in respect of providing a prize to the winner with its decision being final and binding.

20. Babies R Us reserve the right to vary, suspend, postpone or terminate this competition and any prizes, or any aspect thereof, for any reason whatsoever at any time without notice. In such event, all entrants agree to waive any rights that they have in respect of this competition and acknowledge that they will have no recourse against Babies R Us.

21. In the event of a dispute in regard any aspect of the competition and/or these terms, the decision of Babies R Us will be final and binding and no correspondence may be entered into.

22. By entering this competition, you agree to be bound by the terms set out above.

Definitions & Interpretation

1. In this Competition Terms and Conditions (“the Terms”), unless the context otherwise requires, the following terms shall have the meanings assigned to them below:

1.1 “Competition” – means this “BOTSWANA GIFT REGISTRY COMPETITION” held by BABIES R Us incorporating all its terms and conditions;

1.2 “BABIES R Us” – means BABIES R Us and TOYS R Us trading under Amic Toy and baby Botswana (Pty) (Ltd) (Company Number: CO2014/11188) including all its subsidiaries;

1.3 Entrant/s” – means any person who enters the Competition;

1.4 “Winner” – means the confirmed, eligible, selected winner of this competition, that who has complied with all the terms set out herein and to whom is eligible to claim the prize;

1.5 “Gift Registry” – means 1 (one) gift registry created by the entrant on the specific Botswana BABIES R Us website or the Babies R Us store located in Botswana during the competition period which includes items found on the BABIES R Us website;

1.6 “Prize” – means:

1.6.1 the winner will receive, a BABIES R Us voucher with a value of 5000 Pula (Five Thousand Pula) to be used only within the physical Botswana store.

1.7 “Store” – means:

1.7.1 Babies R Us store located in Botswana;

1.8 “Babies R Us website / website” means:

1.8.1 The Babies R Us website located at www.babiesrus.co.bw;

1.9 References to “clauses” and “sub-clauses” are references to the clauses and sub-clauses of these Terms;

1.10 The headings of clauses and sub-clauses are included for convenience only and shall not affect the interpretation of these Terms;

1.11 Words importing the singular number shall include the plural and vice versa, and words importing either gender shall include both genders;

1.12 Reference to "day/s" shall be construed as calendar days unless qualified by the word "business", in which instance a "business day" will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of Botswana from time to time. References to “months” shall be construed as calendar months;

1.13 Unless specifically otherwise provided, the number of days indicated to commit an act or indicated for any other purpose, is calculated by excluding the first day and including the last day;

2. This Competition is only applicable within Botswana.

3. This Competition is only open to citizens currently residing within the Republic of Botswana. By entering this Competition, the Entrant confirms that they are ordinarily a resident of Botswana.

4. Competition period: The Competition will commence from 14 September 2023 and run until the closing date being close of business on 30 October 2023. Any entries received out of this period will not be eligible for entry into the Competition and will not be considered.

5. Entry Criteria

5.1 Entry into the competition is dependent on the acceptance to the terms set out herein.

5.2 The entrant must be a natural person who is at least 18 years old and a citizen currently residing within the country of the store they enter in.

5.3 Entry instore:

5.3.1 The entrant must go into the store and create a gift registry by filling out the form which store employee will provide.

5.3.2 The store employee will retain the gift registry as the entry form for the entrant.

5.3.3 The entrant must complete all their contact details as required and hand/place their gift registry to the store employees within the store.

5.4 Entry online:

5.4.1 The entrant must create a BABIES R Us account on the BABIES R Us website and login.

5.4.2 The entrant must successfully create a gift registry on the BABIES R Us website during the competition period, which can be found here; www.babiesrus.co.bw/baby-registry.

5.5 Entry into this competition excludes the entry of any directors, members, managers, supplier of goods or services in connection with this competition, any other entity which directly or indirectly controls or is controlled by BABIES R Us, or employees of BABIES R Us inclusive of their spouse, life partner/s, parent/s, child/children or sibling/s or any other related person that BABIES R Us reasonably determines to be sufficiently close to the said excluded person.

6. Only one entry per entrant will be allowed. Only one entry per entrant will be considered for entry into the Competition.

7. Winner Selection

7.1 The Entrant will be selected as a winner via a random selection software.

7.2 BABIES R Us reserves full rights to select the winner with its decision being final and binding.

8. Winners and their prizes may be announced publicly via BABIES R Us’ various social media platforms.

9. The Winner will be contacted directly prior to the prize giving via the contact details provided in order to confirm details and logistics of prize giving.

10. BABIES R Us reserves its rights to request from the winner, documentary or any other forms of proof, confirming their eligibility and fulfilment of the entry criteria to enter into this competition.

11. No third-party may submit an entry on behalf of any Entrant without their express written consent, proof of which is required when prompted by the authorised BABIES R Us representative.

12. The winner consents to:

12.1 acceptance of the terms and conditions of BABIES R Us Performer Artiste Release agreement;

12.2 any content created or referenced by BABIES R Us featuring the winner will be owned by BABIES R Us and will not be sent to the winner before publishing onto BABIES R Us various social media platforms or submitted for public relations purposes;

12.3 video, photo or voice content to be published on all BABIES R Us’ various media platforms (including but not limited to, social media) which may be re-shared on the winner’s media platforms via the respective media platforms.

12.4 allowing BABIES R Us to conduct inquiries into confirming the winner’s eligibility in claiming the prize.

13. Prizes are non-refundable, non-transferrable, not exchangeable, not capable of being exchanged for any form of credit and may not be redeemed for cash. In the event that the prize is not available despite BABIES R Us’ reasonable endeavours to procure the prize, BABIES R Us reserves the right to substitute prizes.

14. Indemnity

14.1 BABIES R Us will not be held liable for any harm and/or loss sustained by the winner for any use of the prize by itself, or unauthorised use by any other third-party;

14.2 BABIES R Us will never be obligated to replace any prize to the winner;

14.3 The winner does hereby set out the following in respect of their personal capacity, and/or in respect of their child/ward:

14.3.1 To the fullest extent permitted by law, the winner irrevocably agrees to indemnify and hold harmless BABIES R Us including its staff, employees, directors, suppliers, franchisor, agents, successors in title and officers from, and against, any and all claims and losses arising out of, or where such claim arises in relation to, or as a result of any action or omission conducted by BABIES R Us in respect of this competition, and anything related to the prize.

14.3.2 The winner indemnifies BABIES R Us and holds it harmless from all liabilities for any personal injury or death that may be suffered or sustained and shall not have any claim of any nature against BABIES R Us or its employees for any loss, damage or injury which may be suffered directly or indirectly (even if such loss, damage or injury is caused through the negligence of the company or its agents or employees) as a result of this competition.

14.3.3 The winner indemnifies and hold harmless BABIES R Us from any third-party claim arising out of hazardous/defective and/or related harm arising from this competition and prize.

15. Disqualification

15.1 Should the winner be unable to provide BABIES R Us with proof of fulfilment of any terms and conditions contained in these terms when prompted, such entrant will be disqualified, and forfeit any and all prizes accrued to him/her.

15.2 Should the winner be disqualified for non-compliance with the term set out herein, no prize will be given.

15.3 Should it be determined that the entrant has submitted false/incorrect information relating to their entry into this Competition, the entrant will be disqualified from the competition and any and all prize/s that may have accrued will be forfeited and must be returned or paid for in cash to the value of the prize. BABIES R Us reserves its right to take any further legal action.

15.4 Should the winner be disqualified for non-compliance with the term set out herein, a new winner will be selected via a random selection and will be awarded the title of winner and be entitled to the prize. This process will continue until a winner is found to be compliant of all terms.

16. Protection of Personal Information

16.1 By submitting an entry to this Competition, the entrant hereby consents and warrants that BABIES R Us may process the winner’s personal information and/or special personal information in respect to any Minor(s) that may be included in whole or part in any materials produced, with BABIES R Us employees, contractors, or agents for the purposes of this competition, which processing will be in accordance with its Privacy Policy found on its website - https://www.babiesrus.co.bw/privacy-policy.

16.2 BABIES R Us has the right to use the winner’s names, likeness and other personal information in conjunction with a competition video on the following, but not limited to, media platforms, to showcase BABIES R Us’ marketing initiatives:

16.2.1 BABIES R Us & TOYS R Us Facebook Pages;

16.2.2 BABIES R Us & TOYS R Us Twitter Accounts;

16.2.3 BABIES R Us & TOYS R Us Instagram Accounts;

16.2.4 BABIES R Us & TOYS R Us YouTube Channels;

16.2.5 BABIES R Us & TOYS R Us websites and blogs;

16.2.6 BABIES R Us & TOYS R Us TikTok Accounts;

16.2.7 BABIES R Us & TOYS R Us Pinterest Accounts;

16.2.8 As well as print and voice media.

16.3 All Entrants may have their details removed from the BABIES R Us database by submitting written request via email to [email protected]. Take note that if the details are removed, the entrant will forfeit their right to claim any prize and will no longer be regarded as being a part of the competition.

17. BABIES R Us reserves the right to amend, modify, change, suspend or cancel this competition and any prize/s, or any aspect linked thereof, without notice at any time, for any reason that it deems necessary. All Entrants will waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against BABIES R Us, its employees and agents.

18. Participation in this Competition constitutes acceptance of these Competition rules, and all Entrants will agree to abide by these terms and conditions. Any derogation these Competition rules will not constitute a variation or amendment unless reduced to writing.

19. Should there be any terms or conditions that you do not understand, it is your duty to contact BABIES R Us ([email protected]) for further clarity regarding the terms and conditions.

20. BABIES R Us reserves full rights in respect of providing a prize to the winner with its decision being final and binding.

21. BABIES R Us reserve the right to vary, suspend, postpone or terminate this competition and any prizes, or any aspect thereof, for any reason whatsoever at any time without notice. In such event, all entrants agree to waive any rights that they have in respect of this competition and acknowledge that they will have no recourse against BABIES R Us.

22. In the event of a dispute in regard any aspect of the competition and/or these terms, the decision of BABIES R Us will be final and binding and no correspondence may be entered into.

23. By entering this competition, you agree to be bound by the terms set out above.

Definitions & Interpretation

1. In this Competition Terms and Conditions (“the Terms”), unless the context otherwise requires, the following terms shall have the meanings assigned to them below:

1.1 “Competition” – means this “BOTSWANA CHRISTMAS REWARDS COMPETITION” held by BABIES R Us incorporating all its terms and conditions;

1.2 “BABIES R Us” – means BABIES R Us and TOYS R Us trading under Amic Toy and Baby Botswana (Pty) (Ltd) (Company Number: CO2014/11188) including all its subsidiaries;

1.3 Entrant/s” – means any person who enters the Competition;

1.4 “Winner” – means the confirmed, eligible, selected winner of this competition, that who has complied with all the terms set out herein and to whom is eligible to claim the prize;

1.5 “Prize” – means:

1.5.1 the winner will receive, a BABIES R Us voucher with a value of 5000 Botswanan Pula (Five Thousand Botswanan Pula) to be used within Botswana store and on the website.

1.6 “Store” – means:

1.6.1 Babies R Us store located in Botswana;

1.7 “Babies R Us website / website” means:

1.7.1 The Babies R Us website located at www.babiesrus.co.bw;

1.8 References to “clauses” and “sub-clauses” are references to the clauses and sub-clauses of these Terms;

1.9 The headings of clauses and sub-clauses are included for convenience only and shall not affect the interpretation of these Terms;

1.10 Words importing the singular number shall include the plural and vice versa, and words importing either gender shall include both genders;

1.11 Reference to "day/s" shall be construed as calendar days unless qualified by the word "business", in which instance a "business day" will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of Botswana from time to time. References to “months” shall be construed as calendar months;

1.12 Unless specifically otherwise provided, the number of days indicated to commit an act or indicated for any other purpose, is calculated by excluding the first day and including the last day;

2. This Competition is only applicable within Botswana.

3. This Competition is only open to citizens currently residing within the Republic of Botswana. By entering this Competition, the Entrant confirms that they are ordinarily a resident of Botswana.

4. Competition period: The Competition will commence from 9 November 2023 and run until the closing date being close of business on 31 December 2023. Any entries received out of this period will not be eligible for entry into the Competition and will not be considered.

5. Entry Criteria

5.1 Entry into the competition is dependent on the acceptance to the terms set out herein.

5.2 The entrant must be a natural person who is at least 18 years old and a citizen currently residing within the country of the store they enter in.

5.3 Entry instore only by:

5.3.1 The entrant must go into the store and join the “Babies R Us Rewards” programme by filling out the form which store employee will provide and filling out the following details: Name, Email Address and phone number.

5.3.2 The entrant will then be given a rewards card instore.

5.3.3 The entrant must complete all their contact details as required and hand/place their gift registry form to the store employees within the store. The store employee will retain the information as the entry form for the entrant.

5.4 Entry into this competition excludes the entry of any directors, members, managers, supplier of goods or services in connection with this competition, any other entity which directly or indirectly controls or is controlled by BABIES R Us, or employees of BABIES R Us inclusive of their spouse, life partner/s, parent/s, child/children or sibling/s or any other related person that BABIES R Us reasonably determines to be sufficiently close to the said excluded person.

6. Only one entry per entrant will be allowed. Only one entry per entrant will be considered for entry into the Competition.

7. Winner Selection

7.1 The Entrant will be selected as a winner via a random selection software.

7.2 BABIES R Us reserves full rights to select the winner with its decision being final and binding.

8. Winners and their prizes may be announced publicly via BABIES R Us’ various social media platforms.

9. The Winner will be contacted directly prior to the prize giving via the contact details provided in order to confirm details and logistics of prize giving.

10. BABIES R Us reserves its rights to request from the winner, documentary or any other forms of proof, confirming their eligibility and fulfilment of the entry criteria to enter into this competition.

11. No third-party may submit an entry on behalf of any Entrant without their express written consent, proof of which is required when prompted by the authorised BABIES R Us representative.

12. The winner consents to:

12.1 acceptance of the terms and conditions of BABIES R Us Performer Artiste Release agreement;

12.2 any content created or referenced by BABIES R Us featuring the winner will be owned by BABIES R Us and will not be sent to the winner before publishing onto BABIES R Us various social media platforms or submitted for public relations purposes;

12.3 video, photo or voice content to be published on all BABIES R Us’ various media platforms (including but not limited to, social media) which may be re-shared on the winner’s media platforms via the respective media platforms.

12.4 allowing BABIES R Us to conduct inquiries into confirming the winner’s eligibility in claiming the prize.

13. Prizes are non-refundable, non-transferrable, not exchangeable, not capable of being exchanged for any form of credit and may not be redeemed for cash. In the event that the prize is not available despite BABIES R Us’ reasonable endeavours to procure the prize, BABIES R Us reserves the right to substitute prizes.

14. Indemnity

14.1 BABIES R Us will not be held liable for any harm and/or loss sustained by the winner for any use of the prize by itself, or unauthorised use by any other third-party;

14.2 BABIES R Us will never be obligated to replace any prize to the winner;

14.3 The winner does hereby set out the following in respect of their personal capacity, and/or in respect of their child/ward:

14.3.1 To the fullest extent permitted by law, the winner irrevocably agrees to indemnify and hold harmless BABIES R Us including its staff, employees, directors, suppliers, franchisor, agents, successors in title and officers from, and against, any and all claims and losses arising out of, or where such claim arises in relation to, or as a result of any action or omission conducted by BABIES R Us in respect of this competition, and anything related to the prize.

14.3.2 The winner indemnifies BABIES R Us and holds it harmless from all liabilities for any personal injury or death that may be suffered or sustained and shall not have any claim of any nature against BABIES R Us or its employees for any loss, damage or injury which may be suffered directly or indirectly (even if such loss, damage or injury is caused through the negligence of the company or its agents or employees) as a result of this competition.

14.3.3 The winner indemnifies and hold harmless BABIES R Us from any third-party claim arising out of hazardous/defective and/or related harm arising from this competition and prize.

15. Disqualification

15.1 Should the winner be unable to provide BABIES R Us with proof of fulfilment of any terms and conditions contained in these terms when prompted, such entrant will be disqualified, and forfeit any and all prizes accrued to him/her.

15.2 Should the winner be disqualified for non-compliance with the term set out herein, no prize will be given.

15.3 Should it be determined that the entrant has submitted false/incorrect information relating to their entry into this Competition, the entrant will be disqualified from the competition and any and all prize/s that may have accrued will be forfeited and must be returned or paid for in cash to the value of the prize. BABIES R Us reserves its right to take any further legal action.

15.4 Should the winner be disqualified for non-compliance with the term set out herein, a new winner will be selected via a random selection and will be awarded the title of winner and be entitled to the prize. This process will continue until a winner is found to be compliant of all terms.

16. Protection of Personal Information

16.1 By submitting an entry to this Competition, the entrant hereby consents and warrants that BABIES R Us may process the winner’s personal information and/or special personal information in respect to any Minor(s) that may be included in whole or part in any materials produced, with BABIES R Us employees, contractors, or agents for the purposes of this competition, which processing will be in accordance with its Privacy Policy found on its website - https://www.babiesrus.co.bw/privacy-policy.

16.2 BABIES R Us has the right to use the winner’s names, likeness and other personal information in conjunction with a competition video on the following, but not limited to, media platforms, to showcase BABIES R Us’ marketing initiatives:

16.2.1 BABIES R Us & TOYS R Us Facebook Pages;

16.2.2 BABIES R Us & TOYS R Us Twitter Accounts;

16.2.3 BABIES R Us & TOYS R Us Instagram Accounts;

16.2.4 BABIES R Us & TOYS R Us YouTube Channels;

16.2.5 BABIES R Us & TOYS R Us websites and blogs;

16.2.6 BABIES R Us & TOYS R Us TikTok Accounts;

16.2.7 BABIES R Us & TOYS R Us Pinterest Accounts;

16.2.8 As well as print and voice media.

16.3 All Entrants may have their details removed from the BABIES R Us database by submitting written request via email to [email protected]. Take note that if the details are removed, the entrant will forfeit their right to claim any prize and will no longer be regarded as being a part of the competition.

17. BABIES R Us reserves the right to amend, modify, change, suspend or cancel this competition and any prize/s, or any aspect linked thereof, without notice at any time, for any reason that it deems necessary. All Entrants will waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against BABIES R Us, its employees and agents.

18. Participation in this Competition constitutes acceptance of these Competition rules, and all Entrants will agree to abide by these terms and conditions. Any derogation these Competition rules will not constitute a variation or amendment unless reduced to writing.

19. Should there be any terms or conditions that you do not understand, it is your duty to contact BABIES R Us ([email protected]) for further clarity regarding the terms and conditions.

20. BABIES R Us reserves full rights in respect of providing a prize to the winner with its decision being final and binding.

21. BABIES R Us reserve the right to vary, suspend, postpone or terminate this competition and any prizes, or any aspect thereof, for any reason whatsoever at any time without notice. In such event, all entrants agree to waive any rights that they have in respect of this competition and acknowledge that they will have no recourse against BABIES R Us.

22. In the event of a dispute in regard any aspect of the competition and/or these terms, the decision of BABIES R Us will be final and binding and no correspondence may be entered into.

23. By entering this competition, you agree to be bound by the terms set out above.