Terms and Conditions

AWARD ENTRY: TERMS AND CONDITIONS

1. Introduction to Terms & Conditions

1.1. These terms and conditions (“Terms”) are the terms and conditions that apply to the Content Creator Awards competition controlled by Content Creator Awards (Pty) Ltd. (reg: 2022/408020/07) (“the Promoter”), (the “Competition”), accessible on www.contentcreatorawards.co.za. (“Website“) where these should be read with, and to include, all of the other Promoter Rules or Policies applicable from time to time.

1.2. The terms “user“, “you” and “your” are used interchangeably and refer to all persons accessing a Competition (“Entrant”) and/or the related Website related thereto. Accordingly, the terms “us”, “our” or “we” used refers to the Promoter or its possession.

1.3. We may change these Terms, or our other applicable policies, at any time. You should check our Website regularly for any changes which will apply from the date that they are uploaded. For further information in relation to any applicable rules, please contact info@contentcreatorawards.co.za. It is solely your responsibility to ensure that you are aware of, have read and understood any changes as and when they become applicable; where we are under no obligation to ensure that you have done so.

1.4. By entering the Competition or using the Website, you agree that you have read, understood, and agree to be legally bound by these Terms and any other applicable Promoter policy or rules related to the Competition, where any infringement thereof by a participant or entrant constitutes a serious breach entitling the Promoter to terminate a user’s participation or entry in a Competition, or the use of the Website.

1.5. Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs or statements limit the risk or liability of the Promoter or a related third-party, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify the Promoter or is an acknowledgement of any fact by you.

2. Eligibility for the Competition

2.1. The following rules should be read and understood to identify eligibility requirements in relation to the Competition, in addition to these Terms or the Promoter’s other policies.

2.2. All entrants must be:

2.2.1. 18 (eighteen) years of age or older as of the start of the Competition and with full legal capacity in terms of South African law;

2.2.2. citizens or permanent residents of the Republic of South Africa or, if not a citizen or permanent resident, your registration to participate and your participation in the Competition must not contravene any legislation applicable or relevant to you by virtue of your current country of residence; and

2.2.3. the creator/s of the submitted content (no content may be submitted by any party who does not have rights of ownership in and to the submitted content).

2.3. It will be the sole decision of the Promoter as to whether any eligibility requirement has or has not been met and may require evidence or confirmation of certain information from entrants before awarding prizes.

3. Entry and Participation Methods

3.1. Introduction: Entry into certain categories of the Competition may require the payment of an entry fee (“the Entry Fee”), which shall be applied by the Promoter towards the costs of administration, processing, and judging the entries submitted by Entrants in relation to the Competition. Under no circumstances shall any Entry Fee be refunded. The Entrant shall be liable for any other charges or costs associated with acceptance, and/or travel to/from the location of the award ceremony.

3.2. Entry Procedure: The Entrant must register for entry into the Competition on the Content Creator Awards website, accessible at www.contentcreatorawards.co.za. Entries open on 3 May 2023 and close on 20 June 2023. The Promoter reserves the right to extend the closing date for entries in their sole discretion. All Entrants shall be advised of any such extension via email.

3.3. Deficient entries: We reserve the right to reject any entries that are incomplete, not as per required specifications, incomprehensible, or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory, fraudulent, or which we consider to be otherwise harmful to the goodwill and reputation of our brand and the Competition, including entries received as a product of a scheme or method which undermines the goodwill, regular and fair nature of the Competition (based on our sole discretion). We accept no responsibility for any late, lost, or misdirected entries, including but not limited to, texts, calls, online submissions, or emails not received due to technical disruptions, network congestion, or any other reason.

3.4. Automated or Manipulated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Competition repeatedly or in a way which is not consistent with fairness and the regular functioning of the Competition is prohibited.

3.5. Names: Entrants must enter Competitions using their legal name only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.

3.6. Multiple Entries: Refer to the entry criteria per category.

3.7. Retrospective Effect: Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition and, in particular, where a person is in breach of the entry restrictions, we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize, even where a prize has already been awarded and/or actually provided to the entrant or prize winner in question.

3.8. Entry into the Competition shall not be redeemable or transferable for cash or any other consideration, and may further not be sold, assigned, encumbered, alienated, or otherwise transferred to any third party for any reason whatsoever. Only the registered Entrant (i.e. the person who holds the identity number, registration number, or controls the mobile number and/or email address with which the entry into the Competition was submitted) shall be eligible for participation in the Competition.

4. Judging and Determination of Prize winners

4.1. All entries shall be submitted to a panel of independent, third-party judges (“the Judges”) for adjudication. From the pool of entries, the Judges shall select a winning entry in each category.

4.2. The decisions reached by the Judges shall be final, and no correspondence or discussion shall be entered into, or any feedback given, regarding the selection of the shortlisted nominations or winners.

4.3. All discussions and deliberations of the Judges are confidential and shall not be shared or discussed with any third parties outside of the judging panel ahead of the Event or thereafter.

4.4. Judges shall not share confidential material, judging papers, or entries with any third parties whatsoever. Judges shall further not notify any Entrant that they have won or that they are shortlisted ahead of the official announcements.

4.5. All Judges:

4.5.1. shall be ineligible to submit entries to categories of the Competition that they are judging;

4.5.2. will not allow personal relationships or experiences to influence their decision-making and/or the outcome of the judging process;

4.5.3. shall be impartial and base their decisions on the standard of the entry, campaign, organisation, or product;

4.5.4. shall declare any perceived conflict of interest to the Promoters ahead of assessing any entries;

4.5.5. may only access entries that they have been provided to adjudicate on by the Promoters;

4.5.6. shall not provide any feedback to any entrants as to why they did not win, or why they were not shortlisted. All requests for feedback must be submitted directly to the Promoter;

4.5.7. shall be asked to leave the panel of judges in the event that they do not adhere to the stipulated rules of conduct and shall not be invited to judge any future Competitions.

5. Event Information

5.1. Upon registration as contemplated in clause 3.2 above, the Entrant shall receive an email for verification thereof, as well as confirmation of registration details. Failure to confirm the details shall entitle the Promoter to disqualify the Entrant from participation in the Competition.

5.2. Should the Entrant be shortlisted for a prize in their respective category, they shall be provided with an invitation to a prizegiving ceremony to be held in September (“the Event”). Should the Entrant receive an invitation to the Event, the Entrant accepts that receipt of such invitation shall not entitle the Entrant to receive a prize at the Event, and that prizes will only be awarded to category winners.

6. Prizes

6.1. Prizes will only be delivered to an address within South Africa. Should a prize winner’s contact details change from what is captured upon entry, it is their responsibility to notify us.

6.2. We reserve the right to request proof of a prize winner’s identity in the form of an identity document or driver’s license and proof of address in the form of a utility bill or similar. In the event that a prize winner cannot provide us with such information, we may withdraw the prize and select another prize winner. This is done for authentication and security reasons.

6.3. All prizes are subject to availability, non-transferable and non-exchangeable. No cash or replacement product will be awarded in lieu of that prize or part of it.

6.4. Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.

6.5. We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise.

6.6. All stated prize values are at the supplier’s recommended retail price in Rands and are correct at the time of printing. We take no responsibility for any fluctuations in prize values.

6.7. The costs of couriering the vouchers to the prize recipient will be for the account of the Promoter. Any such additional costs to be incurred by a prize winner will be detailed to them when applicable, and it is up to their discretion to accept them or not, understanding that any failure to accept a charge may result in the prize winner no longer having the prize being delivered to them.

6.8. Prizes awarded in the form of cash will only be deposited into a South African bank account. Proof of identity and validity of the bank account will be requested before the release of any cash prize.

6.9. Unclaimed Prizes

6.9.1. All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.

6.9.2. We reserve the right to award prizes unclaimed after this period, following 2 (two) unsuccessful attempts at contacting the prize-winner, to alternative prize winners or not to award them at all.

6.9.3. If you call to claim a prize from a “withheld/private number” line you must provide us with your contact details, otherwise we may be unable to contact you and you may, as a result, forfeit your prize.

7. Sponsorship Considerations

7.1. The Promoter shall be entitled, in its sole and unfettered discretion and at any time prior to the Event, to engage any third-party sponsor (“the Sponsors”) for the Event and/or and Competition category. All Entrants agree that:

7.1.1. they shall not defame, demean, disparage, or otherwise prejudice the good name and reputation of any of the Sponsors of the Competition at any time;

7.1.2. any entries submitted by them for participation in the Competition may be submitted in a category that is sponsored by a Sponsor, and the Promoters shall accept no liability and shall have no obligation to the Entrant and/or its third-party sponsor whatsoever in the event that a category Sponsor is in competition with any third-party sponsor that may have sponsored the content inherent in any Entry, or who sponsors the Entrant directly.

8. Publicity and Personal Information

8.1. The Promoter collects personal information (“PI”) in order to conduct the Competitions and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI and you specifically consent to this and understand that our use of your PI is for our legitimate Competition and business purposes. The Promoter warrants that it shall process all PI in accordance with its Privacy Policy.

8.2. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, unless otherwise advised by you, use the PI for promotional, marketing, publicity, research, and profiling purposes, including sending electronic messages via SMS or email or telephoning the Entrant. The Promoter’s Privacy Policy also contains information about how Entrants may opt-out, access, update, or correct their PI, how entrants may complain about a breach of their PI or any other applicable law, and how those complaints will be dealt with. The Promoter will not disclose the Entrant’s PI to any entity outside of South Africa unless the appropriate protections are in place in accordance with the Promoter’s Privacy Policy.

8.3. It is a condition of your entry to the Competition that we have the right to publicise, broadcast, and otherwise communicate to the public the names, hometowns, and characters of Entrants to the Competition for the running of the Competitions and matters incidental to the Competition.

8.4. The Entrant hereby warrants to and in favour of the Promoter that they are duly authorised, entitled, or otherwise have the consent to submit the personal information of any third parties mentioned, referred to, or featured in an entry to the Competition. The Promoter shall not be liable to the Entrant or any third party for any personal information submitted to the Promoter by an Entrant in absence of the appropriate authorisations in respect thereof.

8.5. In particular, Entrants consent to their entries to our Competitions being communicated to the public on our Website/s.

8.6. All Entrants, and particularly prize winners, may be required by us to participate in photo, recording, video and/or film session(s). In this regard, you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity.

8.7. The rights granted by the Entrant in this clause 8 shall be deemed to be in addition to, and not in substitution for, any rights granted by the Entrant in favour of the Promoter (or any sponsors of the Competition) as set forth in clause 10 below.

9. Receipt and Transmission of Data Messages

9.1. Data messages, including e-mail messages, sent by you to the Promoter will be considered to be received only when acknowledged or responded to.

9.2. Data messages sent by the Promoter to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

9.3. The Promoter reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.

9.4. Whilst all reasonable care is always used by the Promoter, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. The Promoter is therefore not responsible for the accuracy of any message sent by email over the internet, whether from the Promoter to a user or from a user to the Promoter.

10. Intellectual Property

10.1. By entering the Competition, the Entrant retains all ownership of any content submitted as an entry (“Content”), and:

10.1.1. provides the Promoter with the non-exclusive, non-sublicensable, royalty-free right and license to use the Content for any purpose that they deem fit, including (without limitation) for the purposes of broadcasting and/or promoting the Event, posting the content on any social media channels held by the Promoter (and/or any sponsors of the Event) for the period prior to the Event and for a period of 6 (six) calendar months after the Event;

10.1.2. provides the Promoter with the right to broadcast or otherwise publish or publicise the Entrant’s name, character, statements, photographs, social media posts, voice recordings, likeness, or any other information pertaining to the Entrant in any advertising or promotional activities concerning the Event or the Promoter in general for the period prior to the Event and for a period of 6 (six) calendar months after the Event.

10.1.3. agrees not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title;

10.1.4. warrants to us that their entry is not in breach of the Promoter’s or any third party’s intellectual property rights and will not contain anything which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting Entrants’ warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same; and

10.1.5. warrants that they have the right, power, and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.

10.2. It is specifically provided that the Entrant shall not be remunerated (nor shall the Entrant be entitled to be remunerated) for any exercise by the Promoter of the rights granted to it by the Entrant in terms of clause 10.1 above, and irrevocably waives any claim to royalties or remuneration for such exercise.

10.3. All rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same at our absolute discretion.

10.4. All material, information, data, software, icons, policies, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) of the Website and/or Competition, together with the underlying software code of the Website and/or Competition, (“the intellectual property”) are owned (or co-owned or licensed, as the case may be) by the Promoter, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

10.5. Subject to the rights afforded to you in these Terms or by separate written agreement between the Promoter and you, all rights to all intellectual property on the Website and related to the Competition are expressly reserved by the Promoter or the relevant intellectual property rights owner. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics, or other material on the Website, or related to the Competition, or the underlying software code whether in whole or in part, without the written consent of the Promoter first being granted, which consent may be refused at the discretion of the Promoter. No modification of any intellectual property or editorial content or graphics is permitted.

11. Tampering and other matters

If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, irregular or unfair entry or voting schemes, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.

12. Termination of Competition and User’s access to Website

12.1. The Promoter may vary the terms of, or terminate, the Competition at any time at its absolute discretion without liability to the Entrant or other person, to the full extent permitted by applicable legislation. The Promoter will not award any prizes if the Competition is terminated.

12.2. The Promoter reserves the right to terminate and cancel your account and use of the Website or involvement in the Competition if you breach any of these Terms or the Promoter’s other applicable Rules or Policies, or for any other reason provided that the Promoter gives reasonable notice to you with written reasons for the cancellation.

13. Decisions final

13.1. All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with Entrants or any other person relating to the Promoter’s decisions will be entertained.

13.2. Tiebreakers, disputes, conflicts, questions, or concerns will be managed by us and, if required by law, by an independent adjudicator.

13.3. Prize winner draws are supervised and verified by an independent and objective verification provider (“Verifier”), who performs this function in strict accordance with applicable laws and regulations.

14. Exclusion of Liability and Provision of Indemnities

14.1. The Competition, including any intellectual property related thereto, is provided “as is” and “as available”. The Promoter makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of the Competition.

14.2. All information or opinions of users or third parties made available on the Website in relation to any of the Competitions or otherwise, are those of the authors and not the Promoter. While the Promoter makes every reasonable effort to present such information accurately and reliably on the Website, it does not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Website.

14.3. The use of the Website, entering or voting in the Competition may use the services or functions of third-party providers (e.g. mobile network provider, social media platforms, Website manager, Website plug-ins) with the result that the Promoter will not be held liable to an Entrant if the functions or services provided by them to the Promoter or user for use on the Website or in relation to any Competition malfunctions in its engagement with a user. Where possible, we request that any user who experiences such problems assist us with determining any mal-functionality, where users might be asked to produce evidence/proof of same.

14.4. The Promoter and its respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfilment agencies, and legal advisors (the “Released Entities”), shall not be liable for any loss or damage arising from or relating to: (i) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Promoter; (v) any injuries (including any Covid-19 related illnesses or other diseases), losses, or damages of any kind arising in connection with or as a result of any access or engagement with the Event, or any portion thereof that may have been awarded, or acceptance, possession, or use of any link, or any portion thereof that may have been awarded, or from participation in the Event; or (vi) any printing or typographical errors in any materials associated with the Event; or (vii) the failure of any artist listed in the Event to participate herein for any reason or no reason whatsoever.

14.5. The Promoter, its shareholders, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available in relation to participation or entry in the Competition.

14.6. The Promoter, its shareholders, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the drawing and awarding of prizes, participation, or entering in the Competition, in any manner.

14.7. The Entrant indemnifies and holds harmless the Promoter, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the Entrant’s entry into, participation, or voting in any Competition in any way.

14.8. The Entrant agrees to indemnify, defend, and hold the Promoter harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the Entrant’s breach of these Terms or any of the Promoter’s other applicable Rules or Policies.

15. Dispute Resolution

15.1. Should any dispute, disagreement or claim arise between a user and the Promoter concerning any matter relating to a Competition, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, it shall be resolved with the assistance of any applicable regulator, or finally, in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator appointed by AFSA.

15.2. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial damages claim against the infringing party.

16. General

16.1. For the purposes of formal service of any notices or documents to the Promoter, same may be sent to info@contentcreatorawards.co.za whereas the service address for any user is deemed to be the information as submitted by you at the time of Competition entry.

16.2. No indulgence, leniency or extension of time granted by the Promoter shall constitute a waiver of any of the Promoter’s rights under these Terms and, accordingly, the Promoter shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

16.3. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

16.4. The user’s entering or participation in a Competition shall be governed by and construed in accordance with the laws of South Africa only.

16.5. Should you have any complaints or queries, kindly address an e-mail to info@contentcreatorawards.co.za advising the Promoter of same.

VOTE TO WIN: TERMS AND CONDITIONS

These rules are the official rules of the competition (“rules“). These rules (together with any official competition communications) will govern and apply to the competition. By your participation, you agree that these rules will govern all aspects of your relationship with the competition and competition-related agents, and the Promoter. These rules can be modified (or superseded) by Promoter (in its reasonable discretion) in a written revision to these rules posted on the event’s website or (at Promoter’s sole discretion) any other potential official competition communication methods reasonably calculated to reach a majority of potential participants.

These rules must be read in alongside the general Terms and Conditions and its Privacy Policy.

1. Participation

1.1 The competition is conducted by Promoter.

1.2 No person who is a director, employee, sponsor or agent of or consultant to Promoter or who is a spouse, life partner, parent, child, brother, sister, business partner, or associate to a director, employee or agent of or consultant to Promoter is eligible to participate or enter this competition.

1.3 This competition is only open to legal residents of the Republic of South Africa.

1.4 This competition is only open to people over the age of 18 years.

2. Entries

2.1 To enter the competition, participants need to register, submit certain information and vote for their favourite nominee in any of the available categories open for public voting on www.contentcreatorawards.co.za by clicking on the nominee and submitting their vote.

2.2 Each entrant may vote up to twenty times per public voting category for their favourite nominee in each category.

2.3 Voting closes at midnight on 23 August 2023 and no further votes will be accepted after this date.

2.4 No responsibility will be accepted for votes and entries lost, delayed or damaged in transmission.

2.5 Votes and entries reflected on the Promoter’s records will be treated as the only validation source and will be the only evidence of successful votes and entries.

2.6 Entries are free, but entrants shall be responsible for the costs imposed by their internet service providers or other costs which are not imposed by the Promoter.

3. Prizes:

3.1 The prize(s) will consist of a set of double tickets to the DStv Content Creator Awards on 9 September 2023 in Johannesburg and sponsored prizes, which may include accommodation at the promoter’s discretion.

3.2 The prize value remains at the promoter’s discretion.

4. Prize Winner Selection

4.1 The winner will be drawn randomly using a third party.

4.2 The prize winner will be notified by direct message that they are eligible to have won a prize.

4.3 The prize winner will be verified according to the terms in Point 1 of the Rules.

4.4 The prize winner consents to their names being published on the competition website or social media pages within three calendar days of the prizes being drawn.

4.5 Prize winners may be requested to participate in publicity connected to this competition.

4.6 The prize winner grants permission for the use of their names, videography and photographs in any advertising and promotional material for this competition.

4.7 The winner indemnifies the Promoter, its employees, its affiliates, its advertising agencies, advisors, suppliers, and nominated agents from liability from any and all claims howsoever arising, including from wilful misconduct or negligent acts or omissions on the part of any such person.

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