MTN App of the Year

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Terms & Conditions

TERMS AND CONDITIONS FOR THE APP OF THE YEAR

  1. Participation in the MTN Business App of the Year Awards 2023 is subject to these terms and conditions and all entrants agree to be bound hereby and by any additional requirements listed on the App of the Year website – www.appoftheyear.co.za, and all entrants agree to be bound by any further rules determined by Creative Space Media Proprietary Limited (“Creative Space Media”).
  2. The competition is not open to the directors, members, partners, employees, consultants or agents of Creative Space Media or the sponsor and/or their immediate families.
  3. Entries must be received by the closing date. Any entries received after the closing date will not be considered and will not be eligible to participate, regardless of the reason for the late entry and whether due to the fault of the entrant or Creative Space Media. This includes without limitation, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems.
  4. Entrants must ensure that the information provided is accurate, complete, and current and any false, incomplete, and outdated information that is provided may result in the disqualification of the entry concerned from the competition at the sole discretion of Creative Space Media.
  5. Entrants are liable for all costs and expenses incurred in submitting an entry and for the acceptance and/or use of a prize, other than those items specifically included in a prize.
  6. Creative Space Media and its affiliates have the right to alter categories as and when needed.
  7. Creative Space Media does not make any representations or give any warranties, whether express or implied, as to a prize, and in particular, but without limitation, makes no representations and gives no warranty that:
  8. a. entry or participation in the competition will result in the winning of a prize;
  9. b. a prize or any aspect thereof will meet the requirements, preferences, standards or expectations of any of the entrants;
  10. c. a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
  11. Creative Space Media and its affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of a prize or any element of a prize or any changes to a prize that may be made at any time.
  12. Prizes are not transferable or and are also not able to be sold or assigned to any other party and may not be deferred, changed or exchanged for cash or any other item.
  13. If an entrant wins a prize and it is unlawful for that entrant to receive a prize for any reason whatsoever, then the prize will be forfeited and awarded to another entrant at the sole discretion of Creative Space Media.
  14. Entrants and their partners (if applicable) must be in possession of valid travel documentation in order to accept and use a prize that requires international/overseas travel and all costs involved in obtaining the necessary passport and visa documentation will be for the entrant’s account. This travel documentation must be valid for a minimum period of at least 6 (six) months from the date of receipt of the prize. If the entrant wins a prize of this nature and is not in possession of the necessary travel documentation, then the prize will be forfeited and awarded to another entrant at the sole discretion of Creative Space Media.
  15. The winners will be announced at the MTN Business App of the Year Awards 2023.
  16. If Creative Space Media, or a third-party supplier is, unable to contact a winner within 30 (thirty) days of it being awarded or if the winner is unable to collect the prize within 60 (sixty) days of it being awarded or if such prize cannot be delivered, the prize will be forfeited and awarded to another entrant at the sole discretion of Creative Space Media.
  17. Entrants that win a prize hereby agree to the publication of their name and appearance in the electronic and print media, and agree to endorse, promote, or advertise the goods or services for a reasonable period, for which no fee will be payable.
  18. Entrants may also be required to provide Creative Space Media with additional information as may reasonably be required to process and facilitate the acceptance and/or use of a prize.
  19. Prizes that are supplied by a third party must be collected by the winning entrant from the third party concerned and arrangements must be made by the entrant directly with the third party in this regard. Creative Space Media will not be responsible for any further correspondence, harm, damage, loss, or claim relating to the provision of any element of the prize.
  20. Creative Space Media and the third-party suppliers of any of the prizes reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which Creative Space Media deems necessary. In the event of such variation, postponement, suspension or cancellation, entrants agree to waive any rights, interests and expectations that they may have in terms of this competition and acknowledge that they will have no recourse against Creative Space Media, its affiliates and third-party suppliers.
  21. Entrants agree that their participation in the competition, and acceptance and/or use of a prize, or any aspect thereof, is entirely at their own risk.
  22. Creative Space Media and its affiliates will not be responsible, and renounce all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by the entrants participation in the competition or the acceptance and/or use by the entrants, or their partners (if applicable), of any prize, or by any action taken by Creative Space Media or any of its affiliates in accordance with these terms and conditions.
  23. Entrants, and in the event of an entrant’s death, the entrant’s family, dependants, heirs, assignees or any other beneficiaries of their estate, hereby indemnify and hold Creative Space Media and its affiliates harmless against any claims by entrants, or their partners (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which they may suffer, howsoever arising, in relation to entry into this competition and/or acceptance and/or use of a prize.
  24. In the event that a prize defines a winner as being the winner and entitles the winner to have a partner accompany him or her, the winner acknowledges that the acceptance and use of a prize is subject to the proviso that:
  25. a. All of these terms and conditions will apply to both the winner and the partner (if applicable), and winning entrants will ensure that their chosen partner agrees to be bound and complies, and will continue to comply, therewith.
  26. b. Entrants will take full responsibility for their partners.
  27. c. Entrants indemnify and hold Creative Space Media and its affiliates harmless against any claim by their partners or any third-party in the event that their partners suffer any loss or damage pursuant to their partner’s acceptance and/or use of a prize.
  28. If an entrant fails or, if their partner (if applicable) fails, to comply with any of these terms and conditions, then without prejudice to any other remedy which Creative Space Media may have:
  29. a. The entrant will automatically be disqualified from the competition and will forfeit the prize/s (in the event that the entrant has already won a prize);
  30. b. The entrant will compensate Creative Space Media for any loss or damage that may be incurred directly or indirectly as a result of the entrant’s (or, if applicable, their partner’s) non-compliance, including all of legal costs (including attorney and own client costs) which may be incurred by Creative Space Media in taking any steps pursuant to the entrant’s (or their partner’s) non-compliance; and
  31. c. The entrants indemnify and hold Creative Space Media and its affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to the entrant’s failure (or that of their partner, if applicable) to comply therewith.
  32. For the purposes hereof, “affiliate” means:
  33. a. Creative Space Media’s partners, co-promoters, and sponsors of this competition.
  34. b. The subsidiaries and respective holding companies of Creative Space Media and of the partners, co-promoters, and sponsors of this competition (if applicable).
  35. c. The directors, officers, employees, agents, and representatives of Creative Space Media and of the partners, co-promoters, and sponsors of this competition.
  36. These terms and conditions will be construed, interpreted, and enforced in accordance with the laws of the Republic of South Africa.
  37. Creative Space Media will instruct independent judges to adjudicate on the entries and the selection of winners in the competition. The decision by the judges on any matter concerning the competition and/or promotion and/or arising out of these terms and conditions is final, binding, and undisputable on the entrants and no correspondence will be entered into.
  38. The judges are completely independent of Creative Space Media and/or any affiliated companies, agencies, associates, sponsors, partners and or/any suppliers of goods or prizes or services in connection with the competition.
  39. Creative Space Media and the MTN Business App of the Year Awards event team reserves the right to amend these Terms and Conditions at any time and will publish same on the website – www.appoftheyear.co.za or make it available to the entrants on request.
  40. The sponsor of the MTN Business App of the Year Awards event, MTN Business, reserves the right to request up to three (3) exclusive, pro-bono appearances, talks or engagements by all App of the Year winners and runners up for any sponsor related function for a period of two (2) years and if the entrant wins a prize, he or she will use his or her best efforts to engage with the sponsor in this regard.
  41. The sponsor of the MTN Business App of the Year Awards event, MTN Business, reserves the first right to request from the entrant that any solutions developed as a result of the MTN Business App Academy and/or the App Academy Hackathon be discussed with the sponsor with regards to possible collaboration in developing such solutions further, and the entrant undertakes to use his or her best efforts to engage with the sponsor in this regard.
  42. The sponsor of the MTN Business App of the Year Awards event, MTN Business, reserves the right to request from the entrant, that any solutions entered be discussed with the sponsor with regards to possible collaboration in developing such solutions further, and the entrant undertakes to use his or her best efforts to reasonably engage with the sponsor in this regard.
  43. Entries into the 2023 MTN Business App of the Year Awards are free into one (1) category. Entries into more than 1 category will be charged R250 (excluding VAT) per entry per additional category
  44. Save as is otherwise provided for herein, these terms and conditions contain the whole of the agreement between the entrant and Creative Space Media with regards to the matters provided for herein.