These competition terms and conditions (T&Cs) apply to your participation in the Mamelodi Sundowns Sing With Sundowns 50 Year Celebration (the competition), either as a Contestant or as a Voter (each as defined below). By clicking “agree” and/or submitting your entry and/or voting in the competition you agree to be bound by these T&Cs. You also acknowledge that your information will be processed as contemplated in clause 41 to clause 46 (both inclusive). If you do not agree to these T&Cs you may not participate or vote in the competition.
- YOU MAY ONLY SUBMIT A UNIQUE, ORIGINAL SONG TO THE COMPETITION. IT IS ILLEGAL TO COPY ANOTHER PERSON’S SONG (EVEN IF THE SONG IS NOT FAMOUS) OR PART OF ANOTHER PERSON’S SONG (INCLUDING THE LYRICS, MUSIC AND/OR BEATS) WITHOUT HIS OR HER EXPRESS PERMISSION. THE PROMOTER WILL NOT ACCEPT RESPONSIBILITY OR LIABILITY IN ANY WAY IF YOU COPY ANOTHER PERSONS SONG, LYRICS, BEATS OR ANY PART OR SAMPLE THEROF.
- BY SUBMITTING YOUR UNIQUE, ORIGINAL SONG TO THE COMPETITION, YOU ARE GIVING THE PROMOTER THE RIGHT AND EXPRESS PERMISSION TO USE OR CHANGE YOUR SONG AND COMPETITION SUBMISSION IN ANY WAY, INCLUDING REQUESTING ANOTHER ARTIST TO RECORD OR PERFORM YOUR SONG OR CHANGING THE NAME OR LYRICS OF THE SONG.
The Promoter works with third party technology, platform, and/or service providers in order to enable you to participate or vote in the competition. By using these third party technologies, platforms or services, you agree to be bound by their respective terms and conditions of use, which terms and conditions are available on the relevant technology, platform, and/or service provider’s website.
A copy of these T&Cs is available on our website, www.sundownsfc.com. We recommend that you print a copy of these T&Cs for future reference.
The promoter of this competition is Mamelodi Sundowns Football Club Proprietary Limited (the Promoter or Mamelodi Sundowns), together with Mobile Telephone Networks Proprietary Limited (MTN) and the South African Broadcasting Corporation (the SABC).
The competition will commence at 16h00 on 25 June 2020 (the Start Date) and end in December 2020, on a date to be announced by the Promoter on www.sundownsfc.com (the End Date).
The competition has three components: (1) a monthly competition to win prize/s for the best Song/s submitted by contestants (Contestants) during that month, voted on by members of the public (Voters); (2) a competition to win prize/s for the overall best Song/s submitted by Contestants, which are chosen from the monthly winning Songs between the Start Date to until 23h59 on 30 November 2020 (the Closing Date), and (3) a monthly prize draw from all Voters who voted in a particular month.
Songs may be submitted to the monthly competition from Start Date and thereafter from the first day of the relevant competition calendar month. Monthly competition entries and votes must be received by the Promoter by no later than the date announced by the Promoter on www.sundownsfc.com for each competition calendar month (Monthly Submission Date). Songs submitted between Start Date and the first Monthly Submission Date (in July 2020) shall be eligible for the first round of prizes. The last Monthly Submission Date will be in November 2020.
Save for competition entries received after the final Monthly Submission Date, any competition entries received after the relevant Monthly Submission Date will be eligible to be voted on in the following competition calendar month. Votes received after the Monthly Closing Date (as defined below) or Closing Date (as applicable) are automatically disqualified.
The Promoter reserves the right to vary any of the relevant competition dates at any time by posting the updated dates on www.sundownsfc.com.
Eligibility and entry
- Contestants and Voters (referred to collectively as Participants) may only participate in the competition if they are eligible.
- You are only eligible to participate in the competition as a Contestant if –
- you are not: (a) an employee or director of the Promoter; (b) the Promoter’s prize sponsors; or (c) advertising agencies, PR companies, sponsors, partners, immediate family members, agent, consultant or household members of (a) or (b).
- you are a South African permanent resident or citizen with a valid 13-digit South African identity document.
- you are 18 years of age or above or if you are under the age of 18 (a minor) but are duly represented by a parent or legal guardian, and the parent or legal guardian hereby represents and warrants that he/she has the right, power and authority to consent to these T&Cs on behalf of you (the minor) and him/herself.
- you comply with the rules (see ‘Requirements for your unique Song’ below) as set out in these T&Cs.
- you submit all the required details, as set out in clause 19.
- You are only eligible to participate in the competition as a Voter if –
- you are not: (a) an employee of the Promoter; (b) the Promoter’s prize sponsors; or (c) advertising agencies, PR companies, sponsors, partners, immediate family members or household members of (a) or (b).
- you are 18 years of age or above or if you are under the age of 18 (a minor) but are duly represented by a parent or legal guardian and the parent or legal guardian hereby represents and warrants that he/she has the right, power and authority to consent to these T&Cs on behalf of you (the minor) and him/herself.
- you are a South African permanent resident or citizen with a valid 13-digit South African identity document.
- Participants shall not disclose to any third party (including competitors of the Promoter) any information relating to the competition or the affairs of the Promoter which may come to its knowledge during or in connection with its participation in the competition.
- By entering the competition, you confirm that you are eligible to do so and are eligible to claim any prize that you may win. The Promoter may require you to provide proof that you are eligible to enter the competition. Participants who are not eligible but who participate in the competition are automatically disqualified.
- By participating in the competition (as a Contestant or Voter) you agree to be bound by these T&Cs and any other reasonable instructions notified to you in writing by the Promoter from time to time.
- These T&Cs will be interpreted by the Promoter, in its sole discretion, and its decision regarding any dispute will be conclusive, final and binding.
Process for Contestants
- In order to participate in the competition for best Song, you must submit a recording of your original Song in a language category before the relevant Monthly Submission Date.
- The Promoter will select a shortlist of 7 Songs in each of the 13 language categories (i.e. there will be 91 shortlisted Songs per month) and publish or play the shortlisted Songs (or parts thereof) on various platforms including but not limited to, the SABC’s radio stations and the Promoter’s website (www.sundownsfc.com). Voters will vote for their favourite Songs from the shortlisted Songs (i.e. Songs will be judged based on skill or popularity, not at random or by chance) each month before the closing date to be announced on www.sundownsfc.com (Monthly Closing Date) . Every month, for a period of 5 months from the Start Date, the Song with the most votes in each of the 13 official language categories will be awarded a cash prize (i.e.13 prizes will be awarded per month). Monthly winners will be announced via the SABC’s radio stations. The last of the monthly winners of the competition will be announced on or about 1 December 2020. After the final monthly winning Songs are announced, the Promoter will announce the Songs that will be made available to the public and Voters will then be able to vote for their favorite Songs. The top 7 winning Songs will be announced at the Mamelodi Sundowns Gala Event held in December 2020.
Requirements for your unique Song
- The Song must be about Mamelodi Sundowns and refer to any other names associated with Mamelodi Sundowns Football Club, for example Sundowns, Mamelodi Sundowns, Masandawana, Ka bo Yellow, Bafana Ba Style, Menwana Phezulu, The Sky is the Limit, Hola 7,The Brazilians.
- The Song may also be about any other new name that the Contestant may want to associate with Mamelodi Sundowns .
- No Songs will be accepted if they contain improper, disrespectful or defamatory language in respect of an individual or an organization.
- Contestants may enter as an individual and/or in a group and may submit as many Songs as they wish.
- Songs can be submitted in any of the 11 official languages: isiZulu, isiXhosa, Sepedi, Setswana, Sesotho, isiSwati, Tshivenda, Xitsonga, isiNdebele, Afrikaans, English and in Xu and Khwe.
- Contestants may submit a Song which is sung in multiple languages.
- An individual or group may enter a Song in more than one language in each month.
- Any entries found to be fraudulent will result in the Contestant being automatically disqualified from the competition.
- Contestants and/or Songs that do not comply with these rules may, at the Promoter’s absolute discretion, result in disqualification from the competition.
How to submit your Song:
- Begin your Song submission by entering your:
- full name;
- identity number;
- contact details (phone number and email address) ;
- predominant language of Song; and
- Sing your competition Song into your mobile device.
- Visit www.sundownsfc.com or submit your Songs through the Ayoba or Whatsapp Platforms.
- The monthly Contestant prizes are as follows:
- R30 000 cash will be awarded to each Contestant whose Song had the most votes in a language (65 winners in total) in any particular month, starting in July 2020 until November 2020. The Promoter reserves the right not to award a monthly prize for one or more languages for any month should a minimum number of entries not be received.
- The 7 Contestants whose Songs have the most votes (chosen and/or voted for out of all the winning monthly entries) will each be awarded a prize at the Mamelodi Sundowns’ Gala Event (Gala Event Grand Prizes). The Gala Event Grand Prizes are as follows (which will be awarded based on the number of votes received in respect of a Contestant’s Song):
- 1st prize R1 000 000,00
- 2nd prize R600 000,00
- 3rd prize R500 000,00
- 4th prize R400 000,00
- 5th prize R300 000,00
- 6th prize R200 000,00
- 7th prize R100 000,00
- A Contestant is eligible to win one Gala Event Grand Prize. A Contestant is not eligible to win a Voter prize.
- Voting for the Gala Event Grand Prizes will open in December 2020, or as soon as possible thereafter after all the monthly winners have been announced and will be publicized on www.sundownsfc.com.
- Every month starting in July 2020 until the End Date one random lucky voter selected in each of the 13 languages (13 winners per month) will be awarded a prize of R7000 in cash (Voter prize).
- The Promoter reserves the right to substitute any prize (including a Gala Event Grand Prize) with a prize of equal or greater value.
- The Contestant prizes and Voter prizes are not negotiable.
- The Promoter reserves the right to disqualify a Participant whose conduct is contrary to the spirit or intention of the competition.
- Any breach of the T&Cs may, at the Promoter’s absolute discretion, result in disqualification from the competition and/or forfeiture of any Contestant prize or Voter prize.
Notification to Winners
- By entering this competition, you agree to be contacted by Mamelodi Sundowns via telephone, social media or e-mail for the purposes of the competition.
- Votes for the best Songs will be counted from all entries that are submitted in accordance with these T&Cs and Voter prizes will be drawn by the Promoter through an accredited auditing company appointed by the Promoter.
- The Promoter will contact the top 7 winners after the Closing Date, in advance of the Gala Event, and the Gala Event Grand Prizes will be awarded to the top 7 winners at the Gala Event. Contestants agree to make themselves available for the Gala Event and any other event notified by the Promoter to the Contestant in advance and to do what is reasonably expected of the Contestant to assist the Promoter with all the arrangements necessary for the competition.
- Voter prizes will be awarded to the one Voter selected at random on the Monthly Closing Date. Whilst voting through different platforms may increase a Voter’s chance to win, a Voter prize will be awarded to only one Voter in each of the 13 languages per month.
- Winners will be announced live on the SABC’s radio stations and television channels. The Promoter will only attempt to contact the winners once to notify the Participant that he/she is a winner. Participants who cannot be contacted via telephone during the live announcement will be disqualified. In such event: (i) a randomly selected replacement entrant from the Voters will be drawn as a Voters winner; and (ii) the Contestant with next highest number of votes will replace the relevant disqualified prize winner (and the required changes will be made to all other winners) and will be contacted as set out in this paragraph. These T&Cs will apply to the new winner in the same way as if they were an original winner.
- Subject to clause 35, each Participant will have 5 working days after live announcement of winning to claim acceptance of his/her prize by providing the Promoter with his/her valid South African bank account details. Payment of the prize money will be subject to the Promoter verifying the Participant’s eligibility as set out in these T&Cs. If the Participant is not eligible, the Promoter reserves the right to select a new winner in accordance with the terms stipulated herein.
- Payment of the monthly prize money will be made within 30 days of notification to the winner, subject to confirmation of the Participant’s eligibility and account verification.
- Prizes may not be claimed by a third party on behalf of the winners.
- The decision of the Promoter is final and the Promoter shall not enter into any negotiation or correspondence about the result/s of the competition.
- The Promoter collects and uses information (including personal information as defined in the Protection of Personal Information Act of 2013 (POPIA)) in order to enable your participation in the competition and to verify your eligibility, related activities, such as voting, and for other reasons, such as to communicate with you, for gathering statistics or market information, or to compile a broad profile of visitors who engage with the Promoter or its sponsors.
- For these purposes, Contestants and Voters will be asked to provide their names, phone numbers, e-mail addresses, and ages.
- Your personal information will be kept securely and in accordance with generally accepted security standards.
- When you submit your contact details to the Promoter, you will be asked if you would like to opt-in to receiving marketing materials from the Promoter (and its affiliates and subsidiaries) and its sponsors. If you wish to opt-out of us or our sponsors contacting you in this way, please let us know by ticking the relevant box on the form on which we collect your information or by contacting us at email@example.com .
- The Promoter will not use your information for a different purpose without first asking permission to do so. The Promoter may, however, share your personal information with any of its subsidiaries and associated companies or sponsors.If you do not want us to use your information in this way, or to pass your details on to our sponsors or third parties, please let us know by ticking the relevant box on the form on which we collect your information or by contacting us at firstname.lastname@example.org.
- We do not authorise third parties to use or disclose your personal information, except as we request of them for the purpose of giving effect to these T&Cs.
Ownership and publicity
- You (as Contestant) warrant that your Song/video and submission is unique and you agree that your Song/video and any material you have submitted as part of your application or entry into the competition (collectively referred to as the Submission) may be used and featured in connection with the competition in any way (including without limitation, advertisements and promotions) and in relation to the Mamelodi Sundowns brand in any way, before and after the End Date, and you warrant that you have the necessary licences, rights, consents and permissions to authorise us to use your Submission in full or in part.
- The Promoter does not claim ownership of any Contestant Submission to the competition; however by submitting an entry, you agree that the Promoter may, but is not required to, make your entry available on its website www.sundownsfc.com and any other media, and you hereby grant the Promoter a worldwide, sole, perpetual, irrevocable, royalty-free, unconditional licence to use any and all copyright and other intellectual property rights of any kind whatsoever and wherever in the world enforceable in your Submission (including, without limitation, any literary works, sound recordings, images (still and moving), films and any other visual, audio-visual, and audio content) or any other works or content submitted by you to the Promoter to use, display, publish, record, transmit, distribute, make-available to others, re-perform, copy, edit, alter, store, re-format, make derivative works of, and sub-licence for the purpose of operating, promoting and publicising the competition, or otherwise in relation to the competition in any way and in relation to the Mamelodi Sundowns brand or any other purpose notified to you in writing by the Promoter.
- To the extent applicable, your aforementioned licence includes your consent as required under the Performers’ Protection Act of 1967 (PPA). If you are a winner of a prize, you agree that the prize awarded to you will be deemed to be the royalty payable to you under the PPA. If you are not a prize winner, you agree that, to the extent permitted by applicable law, the royalty payable to you is R0.
- You acknowledge and agree that if you are a top 7 Contestant, should the Promoter determine so in its sole discretion, you will be required to perform your Song at the Mamelodi Sundowns 50 Year Anniversary Banquet event and on radio, television and any other media for the purposes of promoting the competition, the Promoter’s home games and/or the Promoter generally. The provisions of these T&Cs apply to all such performances.
- You shall indemnify and hold harmless the Promoter against all liabilities, costs, expenses, damages, losses and all other professional costs and expenses suffered or incurred by the Promoter arising out of or in connection with any claim made against the Promoter for actual or alleged infringement of a third party’s intellectual property rights or rights under the PPA arising out of or in connection with the use of your Submission by the Promoter.
- You acknowledge that no fees or royalties will be payable to you by the Promoter in respect of the broadcast of the competition (containing your Submission) and no repeat fees or royalties will be payable to you in respect of any subsequent rebroadcast or retransmission or any other use by the Promoter of your Submission or any part thereof.
- You acknowledge and understand that royalties may be payable to you if your Song is performed in public by another artist at events organised by an person other than by the Promoter or someone on the Promoter’s behalf or is broadcast on other mediums, such as television or radio, other than by the Promoter or someone on the Promoter’s behalf. To assist you in collecting these royalties (if any), we recommend that you register with the Composers, Authors & Publishers Association (as the mechanical rights body), the Southern African Music Rights Organisation, the Recording Industry of South Africa and South African Music Performance Rights Association as applicable. For more information, please refer to the following link: https://www.samro.org.za/news/articles/getting-your-head-around-music-rights.
- Contestants may not allow any person, including (without limitation) the Promoter’s competitors to use the Contestant’s Submission in any way.
- Contestants understand and agree that their Submission may be posted and publicly viewable.
- Contestants who are selected as prize winners:
- shall, at all times conduct themselves in a manner that preserves and promotes the good name, reputation and brand of the Promoter, its affiliates, brands, sponsors and partners and their respective products or services;
- may not engage in any act or omission, such as any publication, statement or communication, that may harm the Promoter’s good name, reputation and goodwill or that of the Promoter’s affiliates, brands, sponsors and partners and their respective products or services; and
- shall comply with any rules or instructions notified to the Contestant by the Promoter in order to protect the Promoter’s brand, good name and reputation or otherwise relating to the competition.
- The Promoter, however, does not have any obligation to use the winning entries for any purpose.
- The Promoter herby grants to you (the Contestant) a non-exclusive, non-transferable, non-sublicensable, royalty free licence to use its brand name solely for the purposes of and directly related to the Submission, the competition and any performances and other use required under these T&Cs.
- Each Participant hereby grants the Promoter the right to use and publish his/her name, image, likeness, voice, biography, slogan, logo and signature and any filmed contributions in connection with this competition, including to promote or publicise the competition, for voting in the competition and (if you are a winner) to announce that you are a winner of a prize. Voters may opt-out of the provisions of this clause 60 by notifying the Promoter in writing via email at email@example.com.
- Each winner hereby agrees to allow the Promoter to require the winners (at no fee and at the Promoter’s cost (where applicable)) to be identified and have photograph/s taken and published in print media, or to appear on radio and television, and various online channels when accepting their prizes or to attend at an MTN shop to record its acceptance of a prize for later broadcasting or publicising. Winners of the Voter prizes may opt-out of this clause 60 by notifying the Promoter in writing via email at firstname.lastname@example.org .
- Details of the winner/s may also be announced on the Promoter’s website and any other media properties that it chooses. The Promoter, acting reasonably, retains the right to delay the timing of the publication of the winners of the competition.
- Each winner irrevocably waives the benefits of and agree not to assert any provision of law known as “moral rights” or any similar laws of any jurisdiction in or any similar laws of any jurisdiction in respect of any Submission.
- To the extent permitted by applicable law, each Participant hereby indemnifies the Promoter, its advertising agencies, advisers, suppliers, and nominated agents, including partners and sponsors against any and all claims, damages or loss howsoever arising, including but not limited to its breach, non-performance or non-observance of any of its obligations and representations under its application and/or Submission or its wilful misconduct or negligent act or omission arising from its participation in this competition.
Release of liability
- The Promoter does not accept: (i) any responsibility for entries not received because they have been lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or (ii) proof of posting or transmission as proof of receipt of entry to the competition.
- You are solely responsible for any and all costs or expenses incurred by you in applying to participate or your participation in the competition, (including but not limited to: calls made, postage, ISP charges, telephony fees and other costs). Under no circumstances will the Promoter cover these or any additional costs.
- Nothing in these T&Cs excludes or limits the Promoter’s liability for death or personal injury arising from its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
- Subject to clause 66, the Promoter, its affiliates, partners, subsidiaries, officers, directors, agents, including partners and sponsors, employees and all entities associated with the development and execution of this competition shall not be liable for any and all liability with respect to and in any way arising from these T&Cs, the competition, use of the Submission and participation in this competition, including acceptance or use of prizes.
- Subject to clause 66, the Promoter, its affiliates, partners, subsidiaries, officers, directors, agents, including partners and sponsors, employees and all entities associated with the development and execution of this competition shall not be responsible or liable for any injury or damage to a Participant’s, an entrant’s or third person’s computer related to or resulting from the competition, the submission and/or its prizes.
- Subject to clause 66, therefore, if you enter into or vote in this competition, you agree that the Promoter or any associated parties of the Promoter shall not be liable for any loss or injury you may suffer as a result of entering into, voting in, or otherwise in connection with this competition.
- The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries.
- The Promoter is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to a Participant’s or any other person’s computer relating to or resulting from participation in this competition or downloading any materials in this competition.
- To the extent that the Promoter’s liability cannot be excluded in law pursuant to these T&Cs, the Promoter’s entire liability under these T&Cs and a Participant’s sole and exclusive remedy will be limited to the distribution by the Promoter of the equivalent number of prizes as set forth above. By participating in the competition and to the extent permitted by applicable law, you waive any and all rights to bring any claim or action related to any breach of these T&Cs beyond 1 month after the date on which the cause of action giving rise to the claim arose.
- The Promoter will not be liable for any indirect or consequential losses, loss of profit, loss of contract or loss of reputation arising from your entry into or participation in this competition.
Social media platforms
- Entries to the competition may be submitted via social media platforms including Ayoba and Whatsapp and we may advertise the competition on and provide links to Facebook, Instagram, LinkedIn, Tiktok, Twitter and Youtube. Irrespective of the platform on which you enter into the competition and/or vote for a Contestant, you will be bound by these T&Cs.
- This competition is in no way organized, endorsed or administered by, or associated with any social media platform. You understand that you are providing your information to the Promoter and not to social media platforms used by the Promoter during the course of the competition. The information you provide will be used for e-mails/sms communications for future competitions and as further set out in clause 41 to clause 46 (both inclusive).
- Any questions, comments or complaints regarding the competition can be directed to the Promoter and not to social media platforms used.
- By participating in this competition, you consent to being added to the Promoter’s mailing list and the Promoter may notify you of new services or specials that may be of interest to you.
- From time to time the Promoter may e-mail, whatsapp or call with information about the Promoter or its partners. If you do not wish to receive this e-mail you can opt out as provided for in these T&Cs.
- Changes to, or termination of, the competition. The Promoter reserves the right to terminate or modify the competition (including any of the competition dates) at any time and for any reason with or without notice. You may opt out or de-register from the competition at any time. If you opt-out or de-register, you will be disqualified from the competition and your Song will not be considered in respect thereof.
- Variation. The Promoter reserves the right to change these T&Cs at any given time. We may (but are not obliged to) post updated T&Cs on our website, following any amendment. Your continued participation in the competition constitutes acceptance of the amended T&Cs. If you do not accept the updated T&Cs, you may not continue to participate in the competition. A Participant may not amend, add to or otherwise vary or waive any of the provisions of these T&Cs.
- Force Majeure. The Promoter shall not be in breach of these T&Cs nor be liable for delay in performing, or failure to perform, any of its obligations under these T&Cs or any disruption to the competition if such delay, failure or disruption results from any exceptional event or circumstance beyond its reasonable control, including without limitation, any of the following: Covid 19, act of God, governmental act, pandemic, war, fire, flood, explosion, industrial dispute (not being an industrial dispute involving the employees of the Promoter) or civil commotion (Force Majeure Event) despite having taken all reasonable steps to prevent such delay or failure. In such circumstances the Promoter shall be entitled to a reasonable extension of the time for performing such obligations. In the event of any disruption to the competition the Promoter shall use its reasonable endeavours to remedy any disruption and resume the competition on a fair and equitable basis to the Contestants. If the period of delay or non-performance continues for 10 days, the Promoter may terminate these T&Cs with immediate effect.
- Rights and remedies. Except as expressly provided in these T&Cs, the rights and remedies provided under these T&Cs are in addition to, and not exclusive of, any rights or remedies provided by law.
- No partnership, agency or joint venture. Unless otherwise expressly provided, nothing in these T&Cs is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
- Assignment. You may not assign, cede, delegate or otherwise transfer or deal with these T&Cs or any of your rights and obligations under them without the prior written consent of the Promoter. The Promoter may at any time assign, cede, delegate or otherwise transfer or deal any of its rights or obligations under these T&Cs.
- Entire Agreement. These T&Cs contain the entire agreement and understanding between the parties and supersedes any prior written or oral agreement between them in relation to the matters dealt with in these T&Cs. Save as expressly provided for in these T&Cs, neither party shall have any claim or right arising from any undertaking, representation or warranty not included in these T&Cs.
- Waiver. Any failure by any party to exercise or delay by any party in exercising its rights or remedies provided under these T&Cs by law does not constitute a waiver of that or any other right or remedy and does not prevent, limit or restrict the future exercise or enforceability of that or any other rights or remedies. No single or partial exercise of any right or remedy provided under these T&Cs or by law prevents or restricts the further exercise of that or any other right or remedy
- Severance. If any provision of these T&Cs which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall endeavour in good faith to agree an alternative provision to the void, illegal or unenforceable provision.
- Successors Bound. These T&Cs shall be binding and shall inure for the benefit of the successors and permitted personal representatives (as the case may be) of each of the parties.
- Survival of rights, duties and obligations. Termination of these T&Cs for any cause shall not release a party from any liability which at the time of termination has already accrued to such party or which thereafter may accrue in respect of any act or omission prior to such termination.
- Governing law. These T&Cs will be governed by and construed in accordance with the laws of South Africa.
- Jurisdiction. The parties consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these T&Cs.
- Interpretation. Unless a contrary intention clearly appears: (i) headings are inserted in these T&Cs for ease of reference only and do not form part of it for the purposes of interpretation; (ii) words importing: (a) any one gender includes the other two genders; (b) the singular includes the plural and vice versa: and (c) natural persons include created entities (corporate or unincorporated) and the state and vice versa; (iii) a reference to a document includes any variation or replacement of the document; (iv) no provision of these T&Cs will be construed adversely to a party solely on the grounds that the party was responsible for the preparation of these T&Cs or that provision; (v) if any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision; (vi) references to clauses and Annexures, Schedules and Appendices are to clauses of and annexures, schedules and appendices of these T&Cs; (vii) any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day is a day that is not a business day, the next business day; (viii) where the words include(s), including or in particular followed by specific examples shall be construed by way of example or emphasis only and shall not be construed, nor shall it take effect, as limiting the generality of any preceding words, and the eiusdem generis rule is not to be applied in the interpretation of such specific examples or general words and where the context permits, the words other and otherwise are illustrative and shall not be construed eiusdem generis with or limit the sense of the words preceding them where a wider construction is possible.
If you have questions concerning the T&Cs, including our data protection practices described in clause 41 to clause 46 (both inclusive), or the competition please contact us via email at email@example.com.