Parent / Guardian Agreement

1. Introduction, purpose & application

• 1.1 This Agreement governs the submission by the Guardian on behalf of the Child of photographs, images, videos or other media (each an “Entry” and collectively the “Entries”) to the Cutty Kiddies Online Kids’ Image & Video Competition (the “Competition”).
• 1.2 This Agreement sets out the legal rights, obligations, warranties and consents necessary for lawful operation and commercial use of Entries, and for lawful processing of personal information under South African law, including the Protection of Personal Information Act 4 of 2013 (“POPIA”), the Children’s Act 38 of 2005, the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the Consumer Protection Act 68 of 2008 (“CPA”), as applicable.

2. Definitions

In this Agreement:

• “Child” means the minor entered into the Competition.
• “Guardian” means the parent or legal guardian executing this Agreement.
• “Personal Information” has the meaning given in POPIA and includes the Child’s name, date of birth, images, video, voice, contact information and any information that identifies or can reasonably identify the Child or Guardian.
• “Processing” and “Responsible Party” have the meaning given in POPIA. Cutty Kiddies acts as the Responsible Party in respect of Entries and related Personal Information, unless otherwise agreed in writing.

3. Eligibility & authority

• 3.1 The Guardian warrants that they are the Child’s parent or lawful guardian with full authority to consent to the Child’s participation and to grant the rights and consents set out in this Agreement.
• 3.2 The Guardian confirms the Child is within the permitted age range specified in the Competition rules published by Cutty Kiddies.
• 3.3 The Guardian undertakes to provide any proof of guardianship, identity or age reasonably requested by Cutty Kiddies. Cutty Kiddies may disqualify any Entry if satisfactory proof is not provided.

4. Consents required by POPIA and children’s law

• 4.1 Consent to Processing: The Guardian expressly and voluntarily consents to Cutty Kiddies processing the Child’s Personal Information for the purposes described in clause 5. Under POPIA, processing personal information of a child requires consent by a competent person or a lawful alternative ground; the Guardian confirms they are competent to consent.
• 4.2 Specific Consent for Special Processing: The Guardian acknowledges that publication and display of images or videos of a Child is a form of publication of personal information. Cutty Kiddies will process such information only with the Guardian’s consent and in accordance with POPIA and related guidance on processing children’s personal information, and may take any administrative steps required with the Information Regulator.
• 4.3 Withdrawal of Consent: The Guardian may withdraw consent in writing at any time; however, withdrawal will not affect processing that has already occurred in reliance on prior lawful consent and will not undo publication already lawfully made. Cutty Kiddies will explain the practical effects and take reasonable steps to limit further dissemination where possible.

5. Purposes for which personal information will be used

5.1 The Guardian expressly authorises Cutty Kiddies to process the Child’s Personal Information and Entries for the following purposes:

• (a) administering, operating and marketing the Competition;
• (b) evaluating Entries, conducting judging and voting;
• (c) announcing and publishing shortlisted and winning Entries, including the use of the Child’s first name and/or age;
• (d) promotional, advertising, editorial and publicity activities by Cutty Kiddies and its partners (including social media, web, broadcast and print);
• (e) prize fulfilment and logistics;
• (f) fraud prevention and compliance checks; and
• (g) data analytics, security, record keeping and archiving in accordance with our data retention schedule.
• 5.2 Cutty Kiddies shall not process Personal Information or Entries for purposes materially different from those listed above without obtaining a new lawful basis or supplementary consent.
• 5.3 POPIA requires processing to be adequate, relevant and not excessive. Cutty Kiddies will limit what it collects to what is necessary for the outlined purposes.

6. Data subject rights & privacy practicalities

• 6.1 The Guardian is entitled to information about how Cutty Kiddies processes Personal Information, and may request access, correction or deletion, or object to processing to the extent permitted by law.
• 6.2 Data Retention: Personal Information is retained for no longer than reasonably necessary for the purposes described, or as required by law, after which it is securely destroyed or anonymised.
• 6.3 International Transfers: Where Personal Information is transferred to service providers outside South Africa, Cutty Kiddies will ensure appropriate safeguards are in place.
• 6.4 Security: Cutty Kiddies implements reasonable technical and organisational measures to protect Personal Information from loss, damage, unauthorised access, disclosure or alteration.
• 6.5 Complaints: Guardians may lodge a complaint with our Data Protection Officer at support@cuttykiddies.co.za and, alternatively, with the Information Regulator of South Africa.

7. Intellectual property, licences & use of entries

• 7.1 Ownership: The Guardian and/or the Child retain copyright and moral rights in the Entry as the author(s) unless otherwise assigned in writing.
• 7.2 Licence: By submitting an Entry the Guardian grants Cutty Kiddies a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable licence to (a) reproduce, adapt, publish, transmit, display, broadcast and otherwise exploit the Entry in any and all media for promotional, marketing, commercial and other business purposes connected with Cutty Kiddies’ activities; and (b) permit Cutty Kiddies’ partners, sponsors and service providers to exercise the same rights on its behalf.
• 7.3 Moral Rights Waiver: To the maximum extent lawful, the Guardian waives moral rights in the Entry solely to the extent necessary to permit the licensed uses, and will obtain any third-party waivers necessary for such use.
• 7.4 Credit: Cutty Kiddies is not obliged to provide attribution or remuneration for licensed use, unless expressly agreed.
• 7.5 Third-party Rights: The Guardian warrants that the Entry is original, that no third-party rights are infringed (including copyright, privacy, personality or publicity rights), and that all persons appearing in the Entry have given written permission where required.

8. Publicity, image & likeness release

• 8.1 The Guardian grants Cutty Kiddies and its affiliates the right to use the Child’s name, image, likeness, voice, biographical information and Entry for publicity, advertising and promotional purposes in all media worldwide and in perpetuity.
• 8.2 The Guardian acknowledges that this release is given without further compensation or approval, and accepts that Cutty Kiddies may crop, alter, edit or adapt the Entry for lawful purposes, provided such use is not false or defamatory.

9. Entry standards & guarantees

9.1 The Guardian guarantees and represents that:

• (a) the Entry complies with the Competition rules and all applicable laws;
• (b) the Entry does not contain illegal, obscene, defamatory, pornographic, discriminatory or otherwise objectionable material;
• (c) the Child’s participation and creation of the Entry did not involve any conduct endangering the Child or others; and
• (d) the Guardian has obtained any necessary third-party consents for minors, parents or other persons appearing in the Entry.
• 9.2 Cutty Kiddies reserves the right to reject or disqualify Entries that do not meet these warranties or that, in its reasonable opinion, risk harm or reputational damage.

10. Prize fulfilment, tax & publicity

• 10.1 Prize Allocation & Notification: If the Child is selected as a winner, Cutty Kiddies will notify the Guardian and arrange prize fulfilment. A winner may be required to complete additional verification and prize acceptance documentation.
• 10.2 Taxes & Duties: The Guardian accepts liability for any taxes, duties, customs or other governmental charges arising from prize receipt or use, unless otherwise expressly stated.
• 10.3 Publicity: Acceptance of a prize constitutes permission for Cutty Kiddies to use the winner’s name, Entry and likeness for promotional purposes without further compensation, unless prohibited by law.

11. Liability, indemnity & insurance

• 11.1 Limitation of Liability: To the fullest extent permitted by law, Cutty Kiddies (including its officers, employees, agents and affiliates) shall not be liable for indirect, incidental, consequential, punitive or special damages arising out of or in connection with the Competition, the Entry, or services provided under this Agreement.
• 11.2 Cutty Kiddies’ aggregate liability for direct damages arising from or in connection with this Agreement shall not exceed the monetary value of any prize awarded in respect of the Entry, unless otherwise required by statute.
• 11.3 Indemnity: The Guardian indemnifies and holds harmless Cutty Kiddies and its affiliates against all claims, liabilities, losses, costs, damages and expenses (including reasonable legal fees) arising out of (a) any breach of the Guardian’s warranties; (b) any third-party claim that the Entry infringes their rights; or (c) any misuse, negligent or unlawful acts of the Guardian or Child in connection with the Entry.
• 11.4 Insurance: The Guardian warrants they will maintain adequate insurance cover for any activities associated with the production of the Entry, where relevant.

12. Dispute resolution & governing law

• 12.1 This Agreement is governed by the laws of the Republic of South Africa.
• 12.2 The Parties shall attempt to resolve any dispute amicably through written notice and negotiation.
• 12.3 If negotiation fails, the dispute shall be referred to mediation in South Africa. If mediation is unsuccessful, the dispute shall be finally resolved by arbitration in South Africa under the Arbitration Act or agreed institutional rules. The language of arbitration shall be English.
• 12.4 Cutty Kiddies may nonetheless seek urgent interim relief in the High Court of South Africa where necessary to protect its rights.

13. Termination & remedies

• 13.1 Cutty Kiddies may immediately terminate or suspend participation rights where it reasonably suspects any breach of this Agreement, fraudulent conduct, or any action likely to bring Cutty Kiddies into disrepute.
• 13.2 In the event of termination for cause, the Guardian will forfeit any rights to prizes and Cutty Kiddies will be entitled to recover damages and enforce any indemnities.

14. Compliance with ECTA and the CPA

• 14.1 Electronic Form & Communications: The Guardian agrees that contract formation, notices, communications, entry submission and prize acceptance may occur electronically in accordance with ECTA. Where a statutory cooling-off or cancellation right applies, Cutty Kiddies will inform the Guardian in writing as required by law.
• 14.2 Consumer Protection: Cutty Kiddies will comply with applicable consumer protection obligations, including fair marketing, disclosure of material terms and avoidance of misleading advertising. Nothing in this Agreement seeks to exclude statutory protections afforded by the CPA where they apply.

15. Miscellaneous

• 15.1 Notices: All legal notices must be in writing and delivered to the addresses provided in this Agreement or to any current email address published for Cutty Kiddies on the official website.
• 15.2 Assignment: Cutty Kiddies may assign or transfer its rights under this Agreement (including licensed rights in Entries) to any affiliate or purchaser. The Guardian may not assign this Agreement without prior written consent.
• 15.3 Entire Agreement & Amendments: This Agreement constitutes the entire agreement between the Parties and supersedes prior agreements. Cutty Kiddies may vary the Competition rules and this Agreement by publishing an update on the official website; material amendments will be notified and, where required by law, additional consent obtained.
• 15.4 Severability: If any provision is held invalid, unlawful or unenforceable, the remainder of this Agreement remains effective.
• 15.5 No Waiver: Failure or delay in enforcing any right does not constitute a waiver.

16. Additional protections & operational requirements

Operational practices Cutty Kiddies implements to reduce legal risk:

• 16.1 Parental Consent Form: A signed (electronic or physical) parental consent and release form is maintained and securely stored for each Entry.
• 16.2 Age Verification: Reasonable age and identity checks are applied for winners and for certain categories.
• 16.3 Third-Party Consent Records: Written consent of any other minor’s guardian appearing in an Entry is recorded.
• 16.4 Content Moderation Workflow: A documented moderation policy applies to all Entries, combining automated filtering and human review, with escalation paths for disallowed content.
• 16.5 Data Protection Impact Assessment: A DPIA or comparable risk assessment is conducted for processing children’s personal information, with records of processing operations maintained.
• 16.6 Information Regulator Liaison: Regulator guidance is monitored, and registration or authorisation is sought where required.
• 16.7 Third-Party Contracts: Contracts with hosts, cloud providers, social platforms, sponsors and agencies include POPIA-compliant data protection clauses, indemnities and audit rights.
• 16.8 Content Use Log: A log of each use of an Entry (date, medium, partner) is maintained to support take-down requests and demonstrate lawful basis.

17. Annexes

• Annex A: Parental Consent & Release Form (model).
• Annex B: Privacy Notice — including DPO contact, retention schedule, lawful basis and rights.
• Annex C: Technical specifications for Entries (file formats, size, prohibited content checklist).
• Annex D: Prize fulfilment procedures & verification checklist.

Acceptance

By registering a child, the Guardian confirms that they have read, understand and agree to be legally bound by this Agreement on behalf of themselves and the Child; that they are competent to give the consents required by POPIA and any other law; and that the information provided is true and correct.