The following terms and conditions set out the agreement between you and us for your application as a guest on the Series (this “Agreement”).
1. 1.1 These terms and conditions (the “Terms and Conditions”) form part of your Application Form and relate to your application to take part in the Series known as Flava Queens (hereafter referred to as “Series”) which Rapid Blue (hereafter referred to as “(Producer, we, us, our”) proposes but does not undertake to produce for Heinz Foods South Africa (Pty) Ltd (hereafter referred to as “HFSA”) and for e.tv (hereafter referred to as “Broadcaster”).
1.2 The Producer is looking for a South African citizen, over the age of 18 years old, who submits the most interesting and original recipe for a traditional South African meal with a gourmet twist.
1.3 You are solely responsible for any and all costs or expenses incurred by you in applying to participate in the Series, or in participating in the Series (including travel and postal costs). Under no circumstances will these or any additional costs be covered by the Producer, HFSA or the Broadcaster.
1.4 We and our subcontractors do not accept any responsibility whatsoever for any technical failure, malfunction of or any other problem with any computer network, system, server, provider, telephony system or otherwise or for any postal service failures which may result in any application not being properly received.
1.5 You agree that any application forms which are incomplete or incomprehensible, incorrectly addressed, lost in transit, containing insufficient postage, not received by us at the relevant postal or email address or sent in after any specified closing date may not be considered.
1.6 You accept that, due to the large number of applications we receive, we will not acknowledge or respond to each and every application but only to those of successful applicants. We will review your application and shall decide which applications are suitable to be put forward to the next stage of the selection process. You accept and agree that guests will be selected at our sole discretion, that such decisions shall be final and that there will be no right of appeal against any decisions taken by us on this matter.
1.7 You accept that receiving an application form and/or a phone call from a member of the Series production team and/or attending an audition and/or attending any recording days DOES NOT automatically mean that you will be appearing on the Series and we reserve the right, at our sole discretion, to stand you down at any time during the production process, even if you have been given a date to attend auditions or recordings.
1.8 We do not represent, undertake or warrant that we will produce or broadcast any episode of the Series or to include any applicant’s participation.
2. ELIGIBILITY REQUIREMENTS
2.1 You agree to abide by the rules and regulations of the Series as shall be notified to you in writing or verbally. You accept that such rules and regulations may be varied by us from time to time and that our decisions in this matter are final.
2.2 You agree to attend any auditioning processes, heats and promotional activities relating to the Series if required by us on any dates as shall be notified to you.
2.3 You agree to undertake a medical and/or psychological assessment, conducted by a certified practitioner, if so required by us.
2.4 You warrant that you comply with each of the Eligibility Requirements above and, if required by us, you agree to provide us with documentary evidence as well as providing all consents and assistance in carrying out any background searches if so required by us to substantiate the information provided in this Application Form.
2.5 You warrant that nothing in this Application Form will:
2.5.1 infringe the copyright or any other right of any third party;
2.5.2 breach any contract or duty of confidence;
2.5.3 constitute a contempt of court or expose us to any civil or criminal proceedings; and/or
2.5.4 otherwise be intended to bring us or any other party into disrepute.
2.6 You warrant that you have truthfully and accurately completed this Application Form and agree that we may in our sole discretion disqualify you from any stage of the selection process or the Series itself and/or withhold or reclaim any prize or other benefit awarded or due to be awarded to you as a result of your participation in the Series if:
2.6.1 you supply or have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us, HFSA or the Broadcaster in any way;
2.6.2 you fail to abide by the rules and regulations of the Series;
2.6.3 you otherwise deceive us about your identity;
2.6.4 you fail to abide with any of our other reasonable instructions or directions;
2.6.5 by reason of your conduct (including past conduct) you bring us, HFSA or the Broadcaster into disrepute;
2.6.6 you are otherwise in breach of any of these Terms and Conditions; and/or
2.6.7 you fail to meet the Eligibility Requirements.
2.7 You agree that you will not withhold information from us of any material fact that may in our reasonable opinion jeopardise or otherwise impact on the Series or which might result in publicity adverse to our good name, the Broadcaster or the Series. You agree that should you have anything in your history that would make for negative press or publicity you agree to make us aware of it in order to protect your public interest and our reputation and that of the Broadcaster.
2.8 You agree to notify us of any changes to the circumstances and/or information and/or data provided by you in this Application Form, including any criminal charges, investigations and/or convictions which are brought against you, during your continued participation in the Series selection process and the Series itself.
2.9 You agree to indemnify us and our assigns and licensees against any and all claims, losses and/or damages suffered directly or indirectly by us as a result of the breach, non-performance or non-observance by you of any of your obligations and representations under this Agreement including but not limited to any extra costs of production of the Series.
3.INTELLECTUAL PROPERTY RIGHTS
3.1 In the event that you are invited to attend an audition and any other subsequent stages of the Series selection process, you agree and consent to the filming and recording of your voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with your application for the Series (the “Contribution”) and the use of your Contribution in the Series in whole or in part or not at all.
3.2 You irrevocably grant and assign to us any and all copyright and other rights, title and interest in your Contribution so as to permit the fullest use throughout the world of the Contribution or any part(s) thereof by all means and in all media in connection with the Series or otherwise in perpetuity. For purposes of clarity, you accept that we have the right to edit, copy, adapt or translate the Contribution as we see fit and you irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction.
3.3 You further agree that any photographic material(s), video material(s) and/or any other materials you have submitted as part of your application to appear as a guest in the Series and/or as part of your Contribution (collectively referred to as the “Submission”) may be featured in the Series 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.
3.4 You grant us a worldwide, perpetual, royalty free and transferable licence (with the right to sub-licence) to use, edit, record, modify, translate, distribute, make available to others, prepare derivative works of and exploit your Submission by any medium or method whether now known or later developed throughout the world for the full term of copyright and other rights and all renewable and extension thereof. You irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction in respect of the Submission. You agree to provide us with details of all such licences, rights, consents and permissions relating to the Submission if we so request.
3.5 For the avoidance of doubt, you agree that we have no obligation whatsoever to return any materials (including without limitation, the Submission) which you have submitted as part of this application whether or not you are selected as a participant and that we are in no way obligated to use any such materials in connection with the Series.
3.6 You hereby grant us the right to use your name, voice, likeness, photographs and any biographical material concerning you in connection with the promotion and exploitation of the Series and/or ancillary products/services and/or in connection with us and/or the broadcaster of the Series, throughout the world in all media in perpetuity.
By completing and submitting this Application Form, you consent to any Sensitive Personal Information that you provide (for example, information relating to your health or to criminal convictions) being used for the purpose of assessing your suitability for the Series and, if you are successful, for the production of the Series; and if you have indicated your consent in this Application Form, to be used to consider you for any possible future Series of the Series or for other Series produced by us.
You shall keep confidential and shall not disclose to any third party any confidential information, photographs or other material relating to us or the Series or anyone taking part in it which comes to your knowledge as result of your participation in the Series. The foregoing will not include matters already in the public domain (other than by way of your breach of this Clause).
Should there be a dispute regarding your participation in the Series our decision on this dispute shall be final and you will have no right of appeal. You agree that we may freely assign or licence this Agreement and that this Agreement shall be governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction.
(i)you have read, meet and agree to be bound by each of the Eligibility Requirements;
(ii)you have answered all the questions in this Application Form honestly and truthfully; and
(iii)you have read, understood and agree to the Terms and Conditions.
IF YOU ARE ASKED TO ATTEND AN AUDITION WE WILL ASK YOU TO SIGN AND RE-DATE THIS FORM IN PERSON.
COMPETITION AND PRIZE RULES
I agree and undertake that I shall be bound by and comply with the terms and conditions for entry to the Broadcaster Flava Queens, Wellingtons Competition (“the Competition”). That in the event that I fail to comply with the terms and conditions of entry for any reason that my entry shall not be eligible and shall be disqualified from the Competition.
Terms and Conditions of Entry
1. In order to be able to enter the Competition and to be eligible to comply with the terms and conditions of entry it is a condition that the person must be a resident of the Republic of South Africa.
2. Any person who is an employee of any of the following companies: e.tv (Pty) Ltd, eSat tv (Pty) Ltd, Heinz Foods South Africa (Pty) Ltd (hereafter referred to as “HFSA”), the Producer (Pty) Ltd and/or any other agent, promoter and/or other person connected with the Competition and/or a member of their family shall not be allowed to enter the Competition and shall be ineligible to participate. If any such person should enter then they will be automatically disqualified.
3. The Broadcaster, HFSA and the Producer shall be entitled at its sole discretion to declare that any entry is not to be entered for the Competition and is disqualified (whether or not the answer is correct.) In such event the Broadcaster shall not be obliged to the person who has entered of their disqualification nor shall it be obliged to provide a reason for its decision.
4. All decisions of the Broadcaster, HFSA and the Producer shall be final and neither the Broadcaster nor the Producer shall enter into any correspondence, dialogue and/or otherwise with any person regarding any aspect of the Competition.
5. All entries must be original, and not abusive, defamatory, offensive, derogatory, degrading and/or otherwise not acceptable due to the nature of the material submitted.
6. The Broadcaster, HFSA and the Producer may at its sole discretion decide that any entry is not eligible due to the nature of the content of the entry and may disqualify a person from the Competition.
7. All entrants must be over the age of 18.
Prize(s) and Duration of Competition
7. The prize shall consist of winning a kitchen makeover to the value of R30,000 and a guest appearance on the finale episode of Flava Queens, to be filmed in Johannesburg on April 29th 2017. Should the winner be based outside of Johannesburg, transport to Johannesburg and accommodation will be provided to the winner.
8. The prize is not transferable. All winners to have a valid South African bank account in their (own) name. Winners will be required to send copy of their Identity Document along with a valid, bank stamped, bank statement or/and letter from respective bank.
9. The Competition starts on 27 March 2017 and ends on 16 April 2017. All entries received and/or made after that date shall not be eligible to be entered into the Competition and shall be disqualified.
10. The prize will be awarded to the person who submits the most interesting and original recipe for a traditional South African meal with a gourmet twist.
11. There shall be no independent supervision of the Competition and all decisions are at the sole discretion of the Producer, Broadcaster and HFSA.
12. The decision of the Broadcaster, HFSA and the Producer as to the winners of the Competition shall be final.
13. No entrant shall be awarded more than one prize per competition.
14. The winner will be notified by telephone call within the timescale specified below unless the Broadcaster, HFSA and the Producer decides at its sole discretion that the timescale for notification needs to be extended for any reason.
15. The prize can only be awarded and/or taken by the person whose name is provided at the time of entry to the Competition.
16. The winner will be broadcast during the broadcast of FLAVA QUEENS on Friday 23 June 2017 at 17:30.
Changes to Terms and Conditions of Entry and Prizes
17. The Broadcaster, HFSA and the Producer reserves the right at its sole discretion to withdraw and/or substitute any prize at anytime for any reason. The Broadcaster, HFSA and the Producer may replace and/or substitute any prize with any products, goods, services and/or cash which it decides is appropriate in the circumstances.
18. The Broadcaster, HFSA and the Producer may at any time decide to change, cancel, amend, vary, delete, add to and/or otherwise alter the terms and conditions of entry, the prizes and/or any other part of the Competition. The Broadcaster, HFSA and the Producer shall not be required to send separate notification to each person who has and/or may enter the Competition. It shall be sufficient that details shall be available on the Broadcaster website at www.etv.co.za.
Assignment and Moral Rights
19. It is a condition of entry that the person entering the Competition agrees and undertakes to assign to the Broadcaster, HFSA and the Producer the sole and exclusive intellectual property rights including copyright whether in existence now and/or created in the future and any other rights in all media throughout the world and universe in all the material entered for the Competition (except their personal details) for the full period of copyright and any extensions and/or renewals and in perpetuity.
20. The Broadcaster, HFSA and the Producer shall have the right to assign, licence and/or commercially exploit the material in any form and the person shall not be entitled to receive any sums. No rights of any nature shall be retained by the person who entered the Competition.
21. The person who entered the Competition waives the right to be identified as the author of the material submitted for the Competition. It is agreed that the Broadcaster, HFSA and the Producer may be credited as the copyright owner and may assign, licence and/or commercially exploit the material in any form and the person shall not be entitled to receive any sums.
22. The personal details which have been submitted for the Competition will be held by the Broadcaster, HFSA and the Producer. This information will only be shared with third parties involved with the Competition for the administration of the Competition and/or the supply and delivery of the prizes.
Force Majeure and Law
23. Where for any reason beyond the reasonable control of the Broadcaster, HFSA and the Producer the Competition cannot be carried out and/or completed as planned and/or advertised. Then the Broadcaster, HFSA and the Producer reserve the right to cancel the Competition at any time and in such event shall not be liable to any person for any reason who may have entered the Competition.
24. The terms and conditions of this Competition shall be subject to the Republic of South Africa.
25. All entrants agree to any publicity and marketing as required by either the Broadcaster, HFSA or the Producer.
26. The contact details of the Producer are 263 Oak Avenue, Randburg 2194 for the attention of Samantha Dos Santos