Terms & Conditions.

Organisation, Duration & Participation Mechanic

1. The NYOTA AWARDS is organised by Made of Founders Limited (a private limited liability company registered and situated in Nairobi, Kenya) and is also managed and executed by various contracted service providers (jointly the "Organizers").
2. To participate in the NYOTA AWARDS, Participants will be required to do the following:
   • Respond to the call for nominations on the official website owned and maintained by the Organizers, https://www.nyota.foyaglobal.com/ ("Official Website").
   • Submit an application to be considered as a nominee in a specific category — nominated by oneself, by others, or by the Organizers.
   • Upon confirmation of the start of the voting phase ("Voting Phase") by the Organizers, members of the public and the nominees can participate by voting on the Official Website.
   • Submission does not guarantee nomination.

The Charges Applicable for the Voting Phase

Charges applicable for the Voting Phase are as set out below — details of which may also be displayed on official communication materials, including the Official Website:

• Voting Credits apply to both standard voting credit purchases and EXPRESS voting.
• Minimum purchase is 10 Voting Credits.
• All transactions are exclusive of applicable processing charges ranging between 1% and 3%.
• Currency equivalents are estimated based on prevailing exchange rates and may be adjusted periodically.

There are no other charges payable to participate in the NYOTA AWARDS.

The NYOTA AWARDS shall commence and end on specific dates to be published on the Official Website and other communication media in the participating countries by the Organizers. The Organizers retain the right to extend voting without consulting the nominees at any time.

The Mechanic

Eligibility for Participation

7. The NYOTA AWARDS is open to residents and citizens of the participating countries (Kenya, Uganda, Tanzania, Rwanda, Nigeria, Ghana, Zambia, Ethiopia, and South Africa) who are 18 years and above for individuals, and businesses that have existed for at least 6 months.
8. The NYOTA AWARDS are open to the public, provided one has access to the internet on a compatible device.
9. Employees and relatives of the Organizers, Nominee Selection Panel, Adjudication Panel, and Sponsors of NYOTA AWARDS are not eligible to be nominees but can vote for their preferred nominees.
10. There is no limit to the number of times a Participant can enter and participate in the NYOTA AWARDS.

Use of Personal Data

11. The Organizers shall have the right to store the personal information entered onto the NYOTA AWARDS platforms by Participants purely for direct private contact, marketing, or research purposes — all the while respecting and retaining the privacy of the Participants — unless required to be disclosed by a competent authority strictly under the confines of the relevant empowering law.

General Rules of the NYOTA AWARDS

12. Only founders of African origin (born and resident in the participating country) between 20 and 42 years of age will be admitted and processed by the Nominee Selection Panel as nominees to be voted for, depending on the age requirement in each category.
13. Only founders with duly registered businesses that fall within the provided categories can be admitted. Any founder with a business that does not suit the category it was submitted in may be removed from the NYOTA AWARDS or placed in a more relevant category by the Organizers without consultation.
14. Founders nominated must own a business that has been in existence for at least six months from the date of registration in a participating country and has created employment opportunities for at least two people.
15. A founder may nominate oneself or someone else in the submission phase of NYOTA AWARDS, which ends before the Voting Phase.
16. Founders that are proven to have conducted themselves unethically, or have participated in activities that are likely to bring the Organizers and NYOTA AWARDS into disrepute, will be automatically disqualified from further participation in NYOTA AWARDS or will be stripped of any awards if such conduct is discovered.
17. To participate in the NYOTA AWARDS, the names and credentials of founders need only be submitted once. The number of times a founder is submitted does not influence his/her chances of advancing to the next round or his/her chances of being an award recipient.
18. Any submission or vote made outside of the allocated time frames will be discarded.
19. The Nominee Selection Panel's decision on the final list of nominees is final.
20. The Voting Phase commences on a date set by the Organizers following the completion of the list of nominees in each of the categories by the Nominee Selection Panel.
21. Free voting is once per signed-up Participant per day. Thereafter, a Participant can vote for their preferred nominee(s) in an unlimited manner by purchasing Voting Credits and paying an equivalent of US$ 0.23 per vote (minimum number of votes to be purchased is 10) in local currency adjusting for foreign exchange, plus an additional 1%–3% processing charge.
22. Any attempts at hacking or illegally accessing the NYOTA AWARDS platforms to submit nominees or vote for nominees, or otherwise tamper with the system and the process of nomination and voting, shall result in criminal investigations and legal action being taken — including disqualification of any Participant or nominee found to have been involved in such an attempt.

Intellectual Property, Liability & Disputes

23. The Organizers will not be held accountable for, and will not be responsible to, any third party for any information and materials submitted for and/or on behalf of nominees. Should a third party be confirmed to own, have a licence to, or otherwise have actionable cause for intellectual property (copyright, trademarks, patents, industrial designs, and the like) associated with a nominee, then the nominee will have to take over and engage directly with such third party, while their nomination is suspended pending final determination of any such dispute. Should any dispute on the ownership of intellectual property and/or proprietary materials by a nominee not be resolved within at least one (1) week prior to the close of the Voting Phase, then such nominee will be disqualified from NYOTA AWARDS. The nominee warrants that they have rights of ownership or use to all materials and the intellectual property therein submitted to the Organizers and that they will indemnify and hold harmless the Organizers should the Organizers suffer any losses, costs, and expenses arising from any claims by third parties — including any unavoidable delays to executing NYOTA AWARDS in accordance with the set timetable (such as an injunction), court action, and advocates' costs.
24. The Organizers reserve the right to amend and adjust the NYOTA AWARDS format and timings as they deem fit.
25. Although the Organizers have used reasonable efforts to ensure that all information and materials relating to the NYOTA AWARDS are accurate, they shall not be liable for any inaccuracy or errors in such information and/or material. The Organizers, their agents, and subcontractors will also not bear responsibility for any loss or damage to a Participant — whether caused by self or any third party — arising from matters outside the control of the Organizers, including force majeure events such as acts of God, computer viruses, power outages, and any technical failure or malfunction with any machine, telephone network, system, internet service, service provider software, or otherwise, which may result in any communication being lost or not properly received, registered, or recorded.

Contact & Governing Law

26. In case of any queries or concerns on the NYOTA AWARDS, Participants, members of the public, and other interested parties are directed to contact us through our social media pages:
    • Facebook — facebook.com/NYOTAProjectKenya
    • Twitter / X — x.com/NYOTA_Kenya
    • Instagram — instagram.com/nyota_kenya
27. By entering the NYOTA AWARDS, all Participants agree to be bound by these Terms and Conditions, which will be interpreted by the Organizers, whose decision regarding any dispute will be final and binding. The Organizers reserve the right to amend, modify, or change these rules at any time during the NYOTA AWARDS.
28. These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya, and the Participant(s) submit irrevocably to the jurisdiction of the competent courts in Kenya.
29. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
30. NYOTA is a trademark of Made of Founders Limited. All rights reserved.

Caution