It’s been quite a while since we last posted, so we thought it would be a good idea to give you an understanding of where we are as an organisation and where we are in terms of a fairer, more equitable food system in South Africa. If Part 1 of this two-part series, we talk …
Where we are as we near the end of 2022 (Part 1) Read More »
CUSTOMER PRIVACY NOTICE
This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).
At Food Equity, Equality and Democracy (“FEED”) (and including this website, www.feed.org.za) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.
About the Company
Food Equity, Equality and Democracy (Pty) Ltd is a legally registered entity in the Republic of South Africa. Our registration number is 2020/775070/07. Our work covers the entire breadth of the food system, and any and all food related activities. We also have overlaps with, for example, research, technology, cooperatives, and public policy.
The information we collect
We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services, collaborate on projects and facilitate engagements accordingly. For this purpose we will collect contact details including your name and organisation.
We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.
Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.
How we use your information
We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.
For example:
To gather contact information;
To confirm and verify your identity or to verify that you are an authorised user for security purposes;
For the detection and prevention of fraud, crime, money laundering or other malpractice;
To conduct market or customer satisfaction research or for statistical analysis;
For audit and record keeping purposes;
In connection with legal proceedings.
Disclosure of information
We may disclose your personal information to our partners who are involved in the same or similar industry as ourselves. This is generally for research purposes, interest in the products or services that you might offer or interest in a collaborative process (potentially to develop new products or services) with yourselves. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.
We may also disclose your information:
Where we have a duty or a right to disclose in terms of law or industry codes;
Where we believe it is necessary to protect our rights.
Information Security
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.
Our security policies and procedures cover:
Physical security;
Computer and network security;
Access to personal information;
Secure communications;
Security in contracting out activities or functions;
Retention and disposal of information;
Acceptable usage of personal information;
Governance and regulatory issues;
Monitoring access and usage of private information;
Investigating and reacting to security incidents.
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
Your Rights: Access to information
You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.
Please note that any such access request may be subject to a payment of a legally allowable fee.
Correction of your information
You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
Definition of personal information
According to the Act “personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, COR Concepts also includes the following items as personal information:
All addresses including residential, postal and email addresses.
Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.
How to contact us
If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website.
Date: 23 March 2021
GENERAL BACKGROUND
NO FEE, DONATION OR PURCHASE IS REQUIRED TO ENTER OR WIN
The following clarified terms and conditions govern participation in the Inqola FEED Innovation Prize.
Participation and/or entry in the Inqola FEED Innovation Prize (“Programme” or “Prize”) constitutes each entrant’s representation and warranty that it fully and unconditionally agrees to be bound by, and is in full compliance with, the Prize Terms and Conditions. If an entrant cannot agree to be bound by, and to represent and warrant, full compliance with, the Prize Terms and Conditions, the entrant is not eligible for the Programme.
Each entrant bears sole responsibility for confirming that it can participate fully in the Programme, including the receipt of any Prize, under the laws of the jurisdiction(s) under which the entrant is organised and resides.
The Programme is void where prohibited by law.
Please direct any questions or communications about the Prize Terms and Conditions or the Programme to competition@feed.org.za. During the duration of the Programme, there may be clarifications issued applicable to the Prize Terms and Conditions. To be notified of any clarifications in a timely manner “follow” the Programme via the Programme site.
PROGRAMME OVERVIEW
Simanye Trust is the Sponsor of the Programme. Food Equity, Equality and Democracy (“FEED”) is host and administrator of the Programme, with strategic and operational support from Southern Africa Food Lab, Seriti Institute, Izindaba Zokudla and UJ-PEETS. The Sponsor and the administrators/organisers collectively shall be referred to in these Prize Terms and Conditions as “Programme Entities.”
The Programme is an invitation to develop a solution that positively impacts part(s) of the food system in South Africa, addressing local economies, circularity, education, supply chains, agroecology and capacity building.
ELIGIBILITY
The Programme is open to entities that are legally registered and organised in South Africa, including organisations, universities, governments, NGOs, co-operatives, partnerships and companies that agree to be, and can be legally bound by these Prize Terms and Conditions.
Existing or recent agents, affiliates and representatives of the Program Entities and any organization, university, government, NGO, cooperative, partnership or company, whose laws, guidelines, policies or regulations do not allow for entry in the Programme or acceptance of the Prize consistent with the Prize Terms and Conditions, are not eligible for entry. Further, any limited liability partnership or limited liability company consisting of, or formed solely for the benefit of, a single individual is not eligible for entry. Individuals cannot enter the Programme.
Entrants that Sponsor believes in its sole discretion will not or cannot fully represent Sponsor’s charitable mission and/or its core values are not eligible for entry.
Further, the Programme expressly confines the Prize to organisations operating in South Africa, though the teams may have international partners. The 2021 Prize is confined to internet-based solutions.
At each phase of the Programme, Programme Entities reserve the right in their full discretion to verify the eligibility of any entrant, potential semi-finalist, or potential winner (“Top Solution”) and its compliance in full with these Prize Terms and Conditions. At all times, the decision of any of the Programme Entities as to eligibility shall be final and binding.
While diverse groups may voluntarily decide to collaborate on and submit an entry, entries must be made in the name of a single, legally registered and organised entity (at the time of the Prize disbursement), including any organisation, university, government, NGO, co-operative, partnership or company (“Legally Registered Entity”) meeting any and all eligibility requirements. The Legally Registered Entity submitting the entry will be the sole prize recipient if qualified as a Top Solution.
Each entry must designate one individual, who is legally authorised to bind the Legally Registered Entity in connection with, and for purposes of, any aspect of this Programme. This individual at the time of entry must be over the age of 18 or participating with written parental consent in the relevant jurisdiction(s) in which the Legally Registered Entity is organised and legally resides, and where the individual legally resides. All communications with the Programme Entities must be through the designated, authorised individual of the Legally Registered Entity. During the duration of the Programme, each Legally Registered Entity is solely responsible for maintaining the accuracy of all contact information for the Legally Registered Entity and the authorised individual it designates, and any other contact information provided to or for the Programme.
Programme Entities will not be responsible for communications sent to out-of-date or inaccurate contact information. Further, Programme Entities will not be responsible for, and have no role in determining how work is accomplished for the Programme and Submission Materials among those that have decided to collaborate on an entry or within the Legally Registered Entity, and/or how the Prize is to be shared where more than one entity may be involved. The Programme Entities will only communicate with the Legally Registered Entity through its designated individual.
Any levies, taxes and fees associated with any Prize award are the sole responsibility of the Legally Registered Entity. Further, the Legally Registered Entity is responsible for providing, as applicable, a South African taxpayer identification number and any other tax documentation requested before an award will be made. If the laws of any jurisdiction other than South Africa govern the Legally Registered Entity, the Legally Registered Entity agrees that it is solely responsible for any reporting obligations for, and for the payment of, any levies, taxes and fees to any governmental authorities or jurisdiction arising from or in connection with the Programme. Any such Legally Registered Entity shall provide any supporting documentation requested to the Programme Entities confirming this obligation before any Prize can be awarded.
At the time of entry and throughout the duration of the Programme, any materials for the Programme will need to be entered through a single Legally Registered Entity that meets and is bound by the Prize Terms and Conditions, is able to legally accept the Prize, including but not limited to providing and completing fully any applicable documentation for the Prize, is responsible for paying and pay any and all applicable levies, taxes or fees on the Prize to any appropriate governmental authorities, and is the sole and exclusive owner of the intellectual property and ideas in any and all materials submitted for the Programme. As part of its entry and before a Prize can be awarded, the Legally Registered Entity may be requested to provide proof of its status as a Legally Registered Entity in the country where the entity is organized and resides.
Further, as more fully set forth in these Prize Terms and Conditions, before a Prize can be awarded, Programme Entities may request the Legally Registered Entity to execute through the Legally Registered Entity’s authorised individual a Declaration of Eligibility, Publicity Release and Copyright License, and any other documents needed to satisfy these Prize Terms and Conditions.
SUBMISSIONS
Submissions, including the application and all other communications, materials and activities relating to or arising from the Programme (“Submission Materials”) are voluntary. No one will be entitled to compensation of any type for participation or preparation of any Submission Materials, nor will the Legally Registered Entity or the authorised representative of the Legally Registered Entity be considered an employee, agent, representative, independent contractor, or consultant of any of the Programme Entities.
By posting Submission Materials through the Prize platform on the FEED website, the Legally Registered Entity represents and warrants that the Submission Materials are original, not copied in whole or in part, and exclusively owned and gratuitously provided without any restriction or limitation on use, do not contain any intellectual property of others, can be posted publicly so that others can access, in full or in part, and that the Submission Materials are subject to a non-exclusive, royalty-free, perpetual, irrevocable, right and license worldwide to reproduce, publish, translate, sublicense, copy, modify, delete, enhance, distribute and otherwise use the Submission Materials in any way in connection with the Programme, the objectives of Sponsor or otherwise as part of an open, creative commons license (for more information, please see Creative Commons), hereafter “Creative Commons License”. Submission Materials will not be returned, and can be made public by the Programme Entities.
In connection with providing Submission Materials, the Legally Registered Entity represents and warrants that nothing submitted requires or is subject to any duty of confidentiality, attribution, or any compensation obligation, and each Legally Registered Entity agrees to indemnify, defend, and otherwise hold the Programme Entities harmless, including for attorneys’ fees, if any claims are made, including any claims of any third party rights in the Submission Materials or if the
Submission Materials otherwise violate any law, policy, or any other limitation on use.
Programme Entities, in their sole discretion, will not consider and will remove from the Program platformme and website Submission Materials that contain, include or reference:
All Submission Materials and communications shall be in English and directly address the Programme challenge statement, as described here to be eligible. All application fields are required unless stated otherwise and needs to be fully completed for eligibility. If these requirements are not met, the Submission Materials will not be posted or can be removed from posting by any of the Programme Entities in their sole discretion.
Legally Registered Entities may submit multiple, different, submissions meeting the Prize Terms and Conditions, but are eligible to receive only one (1) Prize award in each applicable phase of the Programme.
Legally Registered Entities also may join together, exchange ideas, and collaborate via the Prize platform and associated platforms, with other Legally Registered Entities, but are not obligated to do so. Only a single Legally Registered Entity can apply and Submit Materials to the Program.
PROGRAMME TIMELINE AND REQUIREMENTS
Open Submission Phase: Opens on 23 March 2021 and ends on 25 June 2021 at 17:00 South African Standard Time
Completion in full of application and uploading of a Solution that (a) offers actionable solutions to transform the food system, (b) takes a systems approach and shows consideration of the five (5) Thematic Areas, (c) is connected to the needs and experiences of stakeholders within South Africa, and (d) has inspirational power to rally and unite people around it.
Requirements: Participants are required to create complete profiles on the Prize platform, build teams, whether external or internal, provide documentation as to the current status of the organisation in South Africa, and background and/or biographical information for the Legally Registered Entity and key team members, respond fully to the application prompts, and submit a Solution statement addressing the Programme criteria.
Evaluation of Submission Phase: 25 June 2021 – 25 July 2021
Evaluation by judging panels convened by the Programme Entities for the evaluation of the Submission Phase first to select shortlisted Solutions and then to refine the list to a Winner and a Runner-Up.
Finalist Announcement: 28 July 2021 Winners will be notified and identified on the Programme website. All information will be shared across Prize and Programme Entities channels as well as with media partners.
HOW TO ENTER
TO ENTER:
Read in full these Prize Terms and Conditions and agree to adhere to and be fully bound by these Prize Terms and Conditions, create an online profile for a qualifying Legally Recognised Entity on the Prize website, complete the application, and post Submission Materials through the Legally Recognised Entity. This process can be started at any time after registration opens and before the Submission Phase ends.
If more than one entity is part of a submission, then a lead entity for the submission must be identified, and will be the entity that creates an online profile and enters the Programme, provides all Submission Materials that are part of the Programme and receives any Prize award. The lead Legally Recognised Entity is solely responsible for any representations, warranties and actions taken, and must take any appropriate action to bind any other participating entity that Legally Recognised Entity is working with, to the Prize Terms and Conditions.
A lead entity may only qualify to be a Top Solution if the entity is eligible under the laws of South Africa to participate in the Programme and to receive the Prize award, and be legally responsible for any levies, fees or tax liability in any and all applicable jurisdictions. The lead Legally Recognised Entity also must exclusively own any intellectual property in the Submission Materials and any intellectual property resulting from participation in all aspects of the Programme.
The Legally Recognised Entity must designate an authorised person who is over the age of majority in the relevant jurisdictions and who is fluent in English, who will be responsible for all communications and has the authority to bind the Legally Recognised Entity in all regards pertaining to the Programme.
The online profile required for the initial submission includes background information on the Legally Registered Entity, documentation that it is a legal entity, the identification of the designated representative of the Legally Registered Entity, identifying materials for any other entities collaborating with the Legally Registered Entity, and identifying materials on key team contributors to the Submission Materials.
For entry, complete the online profile and post Submission Materials addressing the Prize Statement Evaluation criteria for initial entries no later than 25 June 2021 at 17h00 South African Standard Time.
Winner and Runner-Up will be announced on 28 July 2021.
The Winner will receive R100 000 and the Runner-Up will receive R50 000.
All entrants must have proficiency and ability to converse and write in the English language. Submission Materials are required to be submitted in English, and all communications will be in English.
By submitting Submission Materials at any time in connection with any aspect of the Program, you grant to the Programme Entities a Creative Commons License for use of all such materials and communications.
JUDGING AND THE PRIZE AWARD
The Judging Panels, selected by the Programme Entities, shall be responsible for: (i) allocating duties among the Judges; (ii) determining the methodology used by the Judging Panels to render decisions; and (iii) identifying provisional Top Solutions of the Programme. Decisions of the Judging Panel and any of the Programme Entities shall be in their sole discretion and binding on each entrant.
The Legally Recognised Entities agree not to dispute any decision or ruling of any Judging Panel or any of the Programme Entities.
Through the evaluation processes of the Programme, two Finalists will be selected: the Winner and the Runner-Up. The Winner will receive R100 000 and the Runner-Up will receive R50 000.
No Legally Registered Entity shall have the right to be informed of the evaluation results for any Submission Materials, whether its own or that of a third party Legally Registered Entity.
At each stage of the program, odds of receiving a Prize Award depends on the skill of each Legally Recognised Entity and the contents of its entry, and the number of other eligible entries that are made by other Legally Recognised Entities and their skill and content of their entries.
EVALUATION
Each of the criteria used in evaluation of the Submission Materials is more fully described in the Prize Statement for the Programme available on the Programme website.
Through the evaluation processes of the Programme, two Finalists will be selected. The selection of any entrant as a qualifying Finalist and/or a Top Solution is not final until the entrant’s eligibility has been verified by the Programme Entities in their sole discretion and any documents that the Programme Entities in their sole discretion request are submitted. Any Prize Award shall be made only after the Programme Entities have in their sole discretion satisfactory confirmation of the Legally Registered Entity’s organisation, eligibility and capability of receiving the Prize Award without liability of any type under the laws of South Africa, including responsibility for and payment of any levies, fees, or taxes, by the Programme Entities. To be eligible to receive any Prize Award, each potential prize winner in the sole discretion of the Programme Entities may be required to execute a Declaration of Eligibility and Liability, Publicity Release, and Copyright License, and provide any other information and documents requested, including any documents that may be required for tax purposes or for the payment of the Prize, which affidavit and documents must be completed within fourteen (14) business days from sending by the Programme Entities.
A qualifying Finalist and/or a Top Solution is not a prize winner unless and until the Programme Entities verify and confirm in their sole discretion the team’s eligibility, and the Programme Entities notify the qualifying Finalist and/or a Top Solution that the verification procedure is fully complete. Programme Entities shall bear no responsibility, financial or otherwise, if for any reason the Prize Award legally cannot be awarded to the Legally Recognised Entity at the sole discretion of the Sponsor. Each Legally Registered Entity is solely responsible for ensuring that it can fully participate in the Programme and receive the Prize Award under the laws under which it is organised and resides, and under the Programme Terms and Conditions, without any risk of liability of any type to the Programme Entities, including Sponsor.
A Prize award is not transferable or assignable to any other person or entity.
PRIVACY
Programme Entities may collect personal data about an entrant online, including without limitation, through any application or Submission Materials in accordance with the Privacy Policy applicable to the Programme Website, and as otherwise described in these Terms and Conditions. By participating in this Programme, you expressly agree to the collection and use of the personal information you submit and that of your employees or representatives or other team members participating directly or indirectly in the Programme, as stated in the Privacy Policy in connection with the Programme website, in connection with the activities of Programme Entities in promoting and administering the Programme, and in regards to any activities of Sponsor connected to its charitable mission.
GENERAL CONDITIONS
Programme Entities are not responsible for lost, late, incomplete, or misdirected entries; lost, interrupted, or unavailable network, server or other connections; miscommunications, computer or software malfunctions; transmission problems; technical failures; garbled transmissions; damage to user’s software or transmission devices; or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise that may occur in connection with the Programme.
If for any reason, the Programme is not capable of running as planned for reasons outside the control of the Programme Entities, which, in the sole discretion of Sponsor, may corrupt or impact the administration, security, fairness, integrity, or proper conduct of the Programme (or any portion thereof), Sponsor reserves the right to cancel, terminate, modify, or suspend the Programme (or a portion thereof) and, in that event, the Sponsor shall have no further obligation to any entrant.
Programme Entities also reserve the right in their sole discretion to disqualify an entry if any entity, or if an individual associated with any entity, is found to be a) tampering or attempting to tamper with the entry process or the operation of the Programme, or any website maintained or operated by the Programme Entities; (b) using any robotic, macro, automatic programmed or like type of entry methods; (c) violating the Prize Terms and Conditions; or (d) engaging in unsportsmanlike, unethical, inappropriate or disruptive action, or any action inconsistent with the Programme or the charitable mission of Sponsor.
Any Programme Entity’s failure to enforce any term of these Prize Terms and Conditions will not constitute a waiver of that provision or bar Programme Entities from enforcing that term in the future.
The headings in these Prize Terms and Conditions are inserted for convenience and identification only, and are not intended to describe, interpret, define, or limit the scope or intent of these Prize Terms and Conditions. By submitting an entry, each Legally Registered Entity waives any right it may have to claim ambiguity of these Prize Terms and Conditions or any advantage or any impact on interpretation of these Prize Terms and Conditions that may arise from any such ambiguity claim.
WARRANTIES
By entering this Programme, you represent and warrant that your participation complies with the Prize Terms and Conditions and that you specifically have sufficient rights to (1) authorise the publication and dissemination of the Submission Materials; (2) allow the Programme Entities to use and authorise others to use the Submission Materials; and (3) allow the Submission Materials to be subject to a Creative Commons License.
You are entirely responsible for the Submission Materials. This means that you are responsible if the Submission Materials, in whole or in part: (1) are determined by any of the Programme Entities to likely be defamatory, abusive, derogatory, offensive, or otherwise inappropriate; (2) violate any laws, rules, or regulations; (3) infringe, or constitute a misappropriation of any intellectual property rights or confidential information of any third party; or (4) violate these Prize Terms and Conditions.
At any time, Programme Entities, at their sole discretion, reserve the right to remove Submission Materials from the Programme website and to disqualify any submission for a violation of the Prize Terms and Conditions and/or these warranties.
PUBLICITY AND LICENSE GRANT
Except where prohibited by law, by submitting Submission Materials, each Legally Registered Entity expressly consents for the Programme Entities in their sole discretion to use the name and trademark, if any, of the Legally Recognised Entity, and the name of the authorised representative of the Legally Recognised Entity, the country location, photo or likeness, and/or the background of the Legally Recognised Entity and that of the authorised representative and key team members, and the Submission Materials, in whole or in part, for promotional, educational or charitable purposes in connection with the Programme and/or the charitable mission of Sponsor, in any form of media, now known or hereafter created, worldwide, without further permission, payment, or consideration.
INTELLECTUAL PROPERTY OF SPONSOR
You agree that nothing in the Prize Terms and Conditions, in any other Programme materials or in any other statements made in connection with the Programme grants to you the right to use or license any intellectual property of Sponsor. You shall not use the name, trademarks, service marks, logos or any copyrighted material of Sponsor without the express written consent of Sponsor, which Sponsor may withhold in its sole discretion. Further, Sponsor retains all rights, including media rights, to promote the Programme and the background and story of the Programme, including your participation in the Programme in its sole discretion.
NO OBLIGATION OF PROGRAMME ENTITIES RE SUBMISSION MATERIALS
Each Legally Recognised Entity acknowledges that third parties may submit information and entries to the Programme Entities that may contain information, ideas, concepts, and approaches similar to, or the same as, those you submitted to the Programme, and that the Programme Entities may already be working on information, ideas, concepts, and approaches similar to, or the same as, those you submitted. By entering, each Legally Recognised Entity acknowledges and agrees that the Programme Entities’ actions with respect to another entry or work of its own, even if similar to, or the same as, your entry, will not create any liability of any kind to the Programme Entities or others involved in the Programme. Each Legally Recognised Entity also acknowledges and agrees that participation in the Programme, receipt of a Prize Award and/or designation as a Top Solution does not create any obligation on the part of the Programme Entities to promote, use in any way, or to take any further action regarding Submission Materials or a Legally Registered Entities’ involvement in the Programme.
RELEASE AND LIMITATION OF LIABILITY
BY ENTERING THE PROGRAM, EACH LEGALLY REGISTERED ENTITY (ON BEHALF OF ITSELF, ITS EMPLOYEES, TEAM MEMBERS AND ANY OTHER REPRESENTATIVES), AGREES AND ACKNOWLEDGES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: 1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PROGRAMME, INCLUDING AS APPLICABLE ANY TRAVEL OR PRIZE AWARD, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; 2) ANY AND ALL CLAIMS, JUDGMENTS, SETTLEMENTS, AND AWARDS WILL BE LIMITED TO REASONABLE, ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED ZAR10 000, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; 3) UNDER NO CIRCUMSTANCES WILL ANY LEGALLY REGISTERED ENTITY (ON BEHALF OF ITSELF, ITS EMPLOYEES, TEAM MEMBERS, AND ANY OTHER REPRESENTATIVES) BE PERMITTED TO OBTAIN ANY AWARD FOR, AND HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHT TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER TYPE OF DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET THIRD PARTY EXPENSES ACTUALLY INCURRED, IF ANY, NOT TO EXCEED ZAR10000), OR ANY RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND 4) EACH LEGALLY REGISTERED ENTITY (ON BEHALF OF ITSELF, ITS EMPLOYEES, TEAM MEMBERS, AND ANY OTHER REPRESENTATIVES) IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Further, by entering the Programme, each Legally Registered Entity agrees to defend, indemnify, release, and hold the Programme Entities and any related entities and persons (including but not limited to Judges, Program Guides and Mentors) harmless against any and all claims against the Programme Entities (including but not limited to Judges, Programme Guides, and Mentors) resulting from or in connection with your breach of any of the representations, warranties or obligations of the Legally Registered Entity specified in these Prize Terms and Conditions, including claims related to, in connection with, or arising from the Submission Materials, the use and publication of Submission Materials, the Programme, travel relating to the Programme, and any Prize Award.
Each Legally Registered Entity assumes any and all risks associated with the posting and use of Submission Materials and travel arising from or in connection with the Program, and expressly waives and releases any and all claims or causes of action against the Programme Entities, their officers, employees, representatives, and agents for any and all injury and damage of any nature whatsoever (whether existing or thereafter, whether direct, indirect, or consequential, and whether foreseeable or not), arising from the Submission Materials, including but not limited to the solution and ideas submitted to the Programme and travel arising from or in connection with the Programme.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD THE PROGRAMME ENTITIES (AND JUDGES, PROGRAMME GUIDES, AND MENTORS) AND EACH OF THEIR EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, EMPLOYEES, OFFICERS, MANAGERS, AND SHAREHOLDERS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY DAMAGE, LOSS, COST, OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND, OR ACTION (“CLAIM”) BROUGHT OR ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES, ALLEGING FACTS OR CIRCUMSTANCES THAT WOULD CONSTITUTE A BREACH OF ANY PROVISION OF THE PRIZE TERMS AND CONDITIONS BY YOU; ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR SUBMISSION MATERIALS AND PARTICIPATION IN ANY WAY IN ANY ASPECT OF THE PROGRAM, INCLUDING RECEIPT OF THE PRIZE. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION PURSUANT TO THIS PROVISION, SPONSOR MAY, IN THE SPONSOR’S SOLE DISCRETION, CONTROL THE DISPOSITION OF ANY CLAIM AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITATION OF THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE, OR IN ANY OTHER MANNER DISPOSE OF ANY CLAIM WITHOUT THE SPONSOR’S EXPRESS WRITTEN CONSENT.
GOVERNING LAW
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Prize Terms and Conditions and/or the rights and obligations of each Legally Registered Entity, and of any related or authorized individual or entity of the Legally Registered Entity, or the rights and obligations of the Programme Entities will be exclusively governed by and construed in accordance with the internal laws of South Africa without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other country or jurisdiction.
Any litigation arising out of, in connection with, or relating to these Prize Terms and Conditions must be filed and pursued exclusively in South Africa and each Legally Represented Entity and any related person or entity, consents to the jurisdiction of and venue in South Africa.