These are the General Competition Rules that govern the relationship between you and us when you enter one of our competitions in the absence of any specific terms and conditions in relation to a competition (“Competition(s)
”). The reason why we hold Competitions is to make sure as many people as possible know about us, our brands and our TV channels. By participating in any of our Competitions, you agree to be bound by these General Competition Rules (which may be amended or varied at any time by us with or without notice) in the absence of any specific terms and conditions and by our decisions, which are final in all matters relating to the Competitions.
When entering a competition, you should follow any links on the competition entry page of our website to the specific terms and conditions for that particular competition which would apply instead of these General Competition Rules.
There are additional terms that apply to your use of our websites (http://www.nickelodeonafrica.com/info/terms
which applies to all of your dealings with us and explains what use we will make of any personal information you may give us.
- OUR DETAILS
"We", "us" and "our" means MTV Networks Africa (Pty) Ltd t/a Viacom International Media Networks Africa of 1 Saxon Road, Hyde Park, Johannesburg, 2196.
- CHANGES TO THESE TERMS
For whatever reason, we may need to make changes to these terms in future. For example to reflect changes in the type and/or format of competitions that we run or to correct errors in these terms. We will try to keep all such changes to a minimum. We recommend that you check these terms from time to time to see if they have changed. We will always state at the bottom of these terms the date on which they were last updated.
Any specific additional terms and conditions which we tell you apply to any particular competition will take precedence over these terms and conditions in the case of a conflict.
If you continue to enter Competitions after our terms change you will be bound by those changes.
- MECHANICS FOR ENTRY
- Costs to enter the competition will depend on the method of entry and if there is a cost to enter the competition you should seek the permission of the person paying the bill before entering. The cost to enter via the Internet may vary so please check with your network operator for current charges. If entering by telephone calls on a standard telephone line will depend on your landline provider. If entering by way of premium rate SMS you will be charged a fee for such entry which we shall notify to you which will be in addition to the standard messaging costs charged by your network operator (which should be checked with your network operator). If entering by post you shall be responsible for paying sufficient postage on your entry.
- The start and closing date for any Competition shall be set out on the Competition entry page and/or the Competition on-air television promo (if any).
- You may only enter a Competition if you are a resident of Africa (unless other territories are either excluded or specified on the Competition entry page in which case residents of such territories may only enter) and you are aged sixteen (16) and over (unless a higher age limit is specified on the Competition entry page in which case that will apply and we reserve the right to implement age requirements where necessary). If you are younger than 18, then we need to make sure you have your parents consent to enter into the Competition. If you are younger than 14, your parents will have to enter the competition on your behalf.
- You may not enter a Competition if you are an employee or immediate relatives of any employees of MTV Networks Africa, MTV Networks Europe, MTV Networks, Viacom International Inc., or any other of our associated companies, or of any Competition sponsors, Prize providers, co-promoters or their group or affiliate companies or any other person professionally connected with the Competition.
- One (1) entry per person, which must include the information requested on the Competition entry page which may include your name, age, e-mail address, postal address, telephone number of entrant and/or answer to the question.
- The winner(s) will have answered the question correctly and will be the first entry/entries drawn on the date of the Prize draw from all correct entries received. The Competition is neither a game nor a lottery and the selection of the winner(s) is not based on chance. Winners under the age of 18 will have to provide evidence of their parent’s / guardian’s consent to participate in the Competition.
- The winner(s) will be notified by e-mail or telephone as soon as possible after the Competition draw and may receive subsequent written confirmation and full details of the Prize.
- In the event that we cannot for any reason contact the winner within a reasonable period of time from the Prize draw, we reserve the right to draw another winner.
- Our decision is final with respect to any aspect of the competition, including the determination of any winner(s) of a Prize and no correspondence will be entered into.
- The names of the winner(s) can be obtained by sending a stamped addressed envelope to our mailing address shown above, (specifying the Competition) for one (1) month after the Competition closes.
- The Competition Prize shall be set out on the Competition entry page and/or the Competition on-air television promo (if any) (“Prize”) and if the winner(s) is allowed to bring any guests the number of guests will also be set out on the Competition entry page (“Allowed Guests”).
- The receipt, by any winner(s), of any of the Prize components is conditional upon compliance by the winner with any and all relevant laws, rules and regulations as well as these General Competition Rules. The winner(s) and any Allowed Guests are solely responsible for all insurance, applicable taxes and for any expenses or costs not specified in the Prize description.
- Where Prizes involve the winner(s) travelling, the winner(s) and any Allowed Guest(s) shall be required to hold a valid passport and/or other necessary travel documentation and visas.
- Where Prizes necessitate travel on a specific date, the winner(s) and any Allowed Guest(s) must be able to travel on the date specified by us and no alternative dates will be available. If the winner(s) is able to choose the date of travel the trip must be taken within twelve (12) months of the closing date of the Competition, excluding travel on or around public holidays both in South Africa and the Prize destination. The exact dates for travel shall remain subject to availability.
- Travel insurance shall not be included in any Prize so the winner(s) and any Allowed Guest(s) are advised to obtain their own travel insurance.
- Where the winner(s) is under eighteen (18), any Allowed Guest(s) must include a parent or legal guardian. Where the winner(s) is under eighteen (18) and in full or part time education and the Prize necessitates travel on a date that is in school term-time, the winner(s) must obtain the prior written consent of his/her headteacher and his/her parent or legal guardian for the winner's absence from school on that day.
- The winner(s) may be required to provide a written acknowledgement of acceptance of all terms and conditions of the Competition but in respect of winner(s) under the age of eighteen (18) all Prizes are subject to the applicable winner(s) first printing off these General Competition Rules, obtaining the relevant signatures from their parents or legal guardian and sending the signed document to our mailing address set out above (specifying the Competition).
- All Prizes are non-transferable and no cash alternative will be offered. Arrangements for the fulfillment of Prizes will be made by us. If due to circumstances beyond our control we are unable to provide any stated Prize(s), we reserve the right to award a substitute Prize of equal value. All Prizes are subject to the additional terms and conditions of the manufacturer or supplier.
- The winner(s) agree that MTV Networks Africa, MTV Networks Europe, Viacom International Inc., their subsidiaries, affiliates, related companies and employees, and any other sponsors and Prize providers shall have no liability in connection with acceptance or use of any of the Prizes awarded in the Competitions. We reserve the right to disqualify any entrant and/or winner at our absolute discretion.
- LICENCE FOR MATERIAL SUBMITTED BY YOU OR FOOTAGE FILMED OF YOU
In exchange for allowing you to enter the Competition, you hereby:
Terminating the licence in your Material
- grant to us a non-exclusive worldwide, sub-licensable licence to use, or allow third parties to use, any material you have provided to us in connection with the Competition including photos, artwork, written text, videos and images (“Material”) in any manner we choose on any media (existing now or in the future) without restriction for the full term of any rights that may exist in your Material (without payment to you or any third party). You still own your material and may use it as you wish but we have the right to use it for example by showing your Material to the general public on our television channels or to publish/stream it on our websites or to provide it to our distribution partners to show it on their television channels or websites. We may require you to provide us with a written acknowledgement of this licence by printing off and signing these General Competition Rules.
- grant us the exclusive right to film, tape, sound record and photograph all your activities in connection with the Competition and (if applicable) any Prizes. Everything filmed, taped or recorded of you by the Promoter shall be known as “Footage”
- assign to us fully all intellectual property rights in any Footage throughout the world for the full term of any rights that may exist under any applicable law throughout the world. This means that we own all rights in the Footage for as long as they exist. We may require you to sign a release form consenting to the filming/recording of the Footage, the assignment of all rights in such Footage to us. If you are younger than 18, we will need your parents or guardians consent to the assignment of all rights in the Footgate.
- waive any “moral” rights that you may have in your Material or the Footage for the purposes of us using it in accordance with these General Competition Rules. Your moral rights include the right to be identified as the author and the right to object to derogatory treatment of your Material or the Footage. We need this waiver because we may not always be able to identify you (or other users who have uploaded content) as the author, and we need to be able to edit or treat your material as we see appropriate in our editorial judgment.
- agree that we may use your, name and/or likeness, voice, photographs and/or video footage of you, biographical information provided by you and/or any statement made by you concerning the Competition and/or the Prize(s) in connection with publicizing the Competition, in any and all media in perpetuity throughout the world in any manner we choose without restriction.
If you want us to stop using your Material please tell us by submitting the details of your material along with your instruction to remove this material. Our contact details can be found HERE. We will then stop using your material in new programming on our MTV services as far as reasonably practicable. However we are not obliged to stop your material where it is already being used or where we have already incorporated it into compilation packages or other programming or where we have sublicensed your Material to a third party.
It is very important that the Material you provide as part of a Competition is your own work. Material that you did not create yourself, or that include images of people or information about people without their permission can result in serious liability to us and to you.
Accordingly, you promise that:
- You are the only creator, author and owner of the Material you post or upload, or if you are not the exclusive owner you have received written consent from the owner to upload or post the Material and to grant us the rights to use the Material as set out above;
- Our use of your Material will not infringe any intellectual property or other rights of any third party (for example trade marks, copyright, privacy rights). This means that, if your Material contain any underlying copyrights such as music, lyrics, film footage, artwork or other copyright material owned by any other person, you confirm that you have obtained all necessary consents in writing (including from other people appearing in your Material) necessary for us to use your material as set out above;
- The Material will not contain anything that is defamatory, offensive or illegal and
- Your Material is free from any right or claim by anyone under any recording contract, publishing contract, or any union, guild or collecting society such as the Performing Right Society and you agree that you will inform us immediately if this status changes.
- We can accept no responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete and/or illegible entries will be disqualified. We shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to any competition.
- We will not be liable to you (whether as a result of contract law, delict (tort), statutory duty or otherwise) for any loss or damage arising out of or in connection with a Competition in respect of losses:
If you have a claim against another provider of services in connection with the Competition and/or Prizes you will pursue that claim independently and without recourse to us.
- that are related to a business or commercial undertaking
- that were unforeseeable
- that are related to loss of opportunity, loss of goodwill or injury to reputation
- that are suffered by third parties
- that are caused by loss of data, or computer virus
- in respect of infringement of rights arising as a result of a third party linking to our online services and causing our content to be viewed within the pages of any other website
- that are due to your fault, for example if you have provided incorrect information to us or you fail to comply with our instructions in relation to the Competition and/or Prize
- that are not caused by our breach
We do not in any way seek to limit or exclude our liability to you for death or personal injury or any loss arising as a result of fraud.
- We shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) and/or any Allowed Guests and/or parent(s)/legal guardian(s) under these General Competition Rules if such delay or failure is caused by circumstances beyond our reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with (i) the activities of third party event organisers; (ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (iii) by third parties providing accommodation included in the Prize. For the avoidance of doubt, the affected Winner(s) and/or any Allowed Guest(s) and/or parent(s)/legal guardian(s) shall be solely liable for any additional costs incurred as a result.
- DATA PROTECTION
IF REQUIRED TO SIGN A WRITTEN ACKNOWLEDGEMENT OF THESE GENERAL COMPETITION RULES PLEASE PRINT AND SIGN THEM BELOW:
These General Competition Rules shall be governed by and construed in accordance with the laws of South Africa and the courts of South Africa shall have exclusive jurisdiction in relation to any disputes arising therefrom.
Any queries regarding the competition should be addressed to our mailing address recorded above.
I understand and agree to the above.
ACCEPTED AND AGREED BY:
Entrant’s signature: ________________________
Print Entrant’s Name: ________________________
Entrant’s Address: ________________________
IF YOU ARE UNDER 18 YOUR PARENT OR LEGAL GUARDIAN MUST ALSO SIGN BELOW:
I warrant and agree as follows:
- I am the parent or legal guardian of, and have parental responsibility for, the entrant, who lives with me at the above address;
- I have read these General Competition Rules and understand what is required of the entrant under it. I unconditionally guarantee the entrant’s compliance with his/her obligations and duties to MTV Networks Africa under it and confirm that these General Competition Rules are beneficial for the entrant.
Print Name: ___________________________
These General Competition Rules were last updated on 1 September 2015