TERMS AND CONDITIONS OF USE OF TRACE ACADEMIA COMPETITION
Eligibility
The #UnlimitedFreeLearning Contest (“the Contest”) is open to permanent residents and citizens of South Africa who are over the age of eighteen (18) years at the time of entry (“the Contestants”). The Contestants should be in possession of a valid South African identity document or valid passport with the endorsed residence permit and have a valid bank account.
Employees of TRACE, and their respective parents, subsidiaries, affiliates, advertising, and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate in the Contest (“Disqualified Persons”). Entries received from Disqualified Persons will be declared invalid.
The Contest is only valid within South Africa. Contestants must be in South Africa at the time of entering the Contest and the awarding of the prize. If the Contestant is not in South Africa during the prize draw, they will be disqualified. The draw of a replacement entry shall take place under the same Contest Rules (see section 6 below).
The Sponsor
The Contest is sponsored by TRACE TV (Pty) Ltd (“TRACE”), located at 7 Keyes Avenue, Corner Tyrwhitt Avenue, Rosebank 2092, South Africa.
Agreement to Contest Rules
By participating in the Contest, the Contestant agrees to and accepts these Contest Rules (“Contest Rules”) and the decisions of TRACE, which are final and binding.
No purchase is necessary to enter the Contest or win a prize. A purchase will not increase your chances of winning a prize.
Winning a prize is dependent on complying with these Contest Rules and fulfilling all other requirements set out in this document.
TRACE reserves the right to change these Contest Rules at any time with reasonable notice, and such changes(s) shall be deemed to have taken effect from
the date of publication of the revised Contest Rules, available on the Trace Academia website: https://traceacademia.com/
A copy of the Contest Rules is available at no cost to the Contestants and can be downloaded in printable form from https://traceacademia.com/.
Contest Period
The Contest starts on 14 November 2022 at 00:00 and ends on 12 December 2022 at 23:59 (“the Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified. Video submissions will be accepted for the duration of the Contest on Instagram, Facebook, Twitter (@traceacademia), TikTok (@trace_academia).
How to Enter
The Contestant agrees that if he/she has used any intellectual property, such as stock footage, photographs, or music, of a third party, he/she will obtain written permission to do so and will assume full responsibility for negotiating the commercial terms of such use. TRACE may request the Contestant to provide written proof of such permission.
If a Contestant’s video is chosen as one of the winning videos, TRACE will own all right, title, and interest in the video. This means that TRACE will be entitled to do anything it wishes with the video, including selling it or licensing its rights.
By accepting these Contest Rules, the Contestant confirms the transfer and assignment of all right, title, and interest in the video, particularly intellectual property rights (including copyright, residual and moral rights), to TRACE.
Prize Drawing
The prize draw selection will be as follows:
Prize
The prize consists of a firm and final award of R1,000.00 per winner, limited to thirty awards.
General Terms and Conditions
If the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, viruses, bugs, worms, unauthorised human intervention, or other technical problem, or if the Contest is unable to run as planned for any other reason, as determined by TRACE in its sole discretion, TRACE may, either
suspend the Contest to address the impairment and the resume the Contest in a manner that best conforms to the spirit of these Contest Rules; or
terminate the Contest and, in the event of termination, award the prize to those Contestants whose videos have the highest engagement from among the eligible, non-suspect entries received up to the time of the impairment.
TRACE reserves the right in its sole discretion to disqualify any Contestant it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Contest Rules or in a dishonest or disruptive manner.
Any attempt by any person to damage the Trace Academia website or undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and should such an attempt be made, TRACE reserves the right to seek damages (including legal costs) and any other remedies from any such person to the fullest extent permitted by law. Failure by the TRACE to enforce any provision of these Contest Rules shall not constitute a waiver of that provision.
Release and Limitation of Liability
The Contestant indemnifies (protect against loss) TRACE, their respective directors, officers, agents and employees, their parent, subsidiary and affiliated companies and their respective shareholders, officers, directors, employees, members, agents, and assigns (“Released Parties“) from all liability for any claims, costs, injuries, losses, or damages of any kind caused by such violation of the Contest Rules.
The Contestant consents to (and have obtained the consent of all the video’s participants/performers), particularly for purposes of compliance with the Protection of Personal Information Act, 4 of 2013, the use by TRACE or its affiliated companies, of his/her and the participants’/performers’ names, hometowns, likenesses, statements and other personally identifiable information for promotion, advertising and marketing purposes in any media throughout the universe without additional consideration and consent or prior review and, if the Contestant is requested to, will provide the written consent of all concerned to such use.
The Contestant agrees that TRACE is not responsible for incorrect or inaccurate transcription of their information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or website, or any other error or malfunction, or late, lost or misdirected electronic communication, or any injury or damage resulting from participation in the Contest.
Released Parties are not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilised in the Contest.
Disputes and Governing Law
Each Contestant agrees that all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court of competent jurisdiction.
This Contest is subject to South African law.
Privacy
Contestants understand and agree that to participate in the Contest, TRACE will collect and use Contestants’ personal information, as defined in the Protection of Personal Information Act, 4 of 2013. TRACE will use and process the personal information the Contestants provide for purposes of the Contest and in accordance with TRACE’s privacy policy.
TRACE may require the winners to be identified and photographed. The photographs may be published on its social media platforms when winners accept their prize and/or after having received their prize. The winners will be given the opportunity to decline to the publication of their images and to participate in TRACE’s marketing material in so far as it relates to the Contest.
By entering the Contest, all Contestants agree to be bound by the Contest Rules, regulations and requirements set out in the promotional material.
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