RULES to be loaded as Entry T’s and C’s: AS EXTRACTED FROM THE CONTESTANT FORM – Please advise if any changes required here: we’ll fill in the Online Judging dates when we have them – point 24 below.
1. I agree that:
1.1 I am between 16 and 30 years of age as at the date of my first regional audition of Idols SA Season 17. In the event that I am under the age of 18 years old, both I and my parents and / or legal guardians warrant that this contestant form has been signed by my parents and / or legal guardians and / or that my parents and / or legal guardians have consented to me entering into the competition on the terms contained in this Contributor’s Release Form.
1.2 I am a citizen or permanent resident of South Africa and in possession of a valid South African ID document.
1.3 I am not directly associated with any television broadcaster or audio or video content distribution network including but not limited to a streaming or on demand service, other than Mzansi Magic or any other channel or platform owned or operated by Electronic Media Network Proprietary Limited (“M-Net”) or any of its affiliates, which broadcasts a television service or similar service within South Africa and/or the continent of Africa.
2 I agree and warrant that I do not have any of the following agreements in effect (either written or oral / exclusive or non-exclusive) nor will I conclude any such agreements during my participation in the show or for any agreed period thereafter:
2.1 A music recording contract;
2.2 A music publishing contract;
2.3 An agreement relating to the use of my name, voice, image, biographical details and/or likeness;
2.4 An acting or dancing contract;
2.5 A management contract;
2.6 A merchandising contract;
2.7 Any other contractual agreement that would prohibit or restrict me from fully participating in the Programme and/or entering into any contract required by the Producer.
3 I warrant that:
3.1 I am not involved in any disputes with any parties in relation to the agreements referred to above and that to the best of my knowledge and belief no parties have any claims against me in relation to the above agreements or with respect to my participation in the Programme, in general;
3.2 I am under no prohibition, whether contractual or otherwise, from participating in the Programme;
3.3 My participation in the Programme will not infringe the rights of any third parties;
3.4 I have no criminal convictions of any kind whatsoever and there are no criminal investigations pending against me. I shall notify the Producer should any criminal charges be brought against me. I hereby consent to the Producer taking my fingerprints for the purpose of investigating whether I have any criminal convictions or investigations against me.
3.5 I am fit and in excellent mental and physical health and able to participate in the Programme. Should I be aware of any circumstances that might negatively impact my health or safety or those of other contestants, crew or any other person, I shall disclose these immediately to the Producer.
4 I agree to make myself available for interviews, auditions, publicity purposes and any event relating to and including the contest comprised in the Programme ("collectively, the Contest Related Events") and do what is reasonably expected of me to assist M-Net, Mzansi Magic and/or the Producer with all the arrangements necessary for the Programme. This will include, but will not be limited, to the following:
4.1 following all reasonable instructions from the Producer with regard to my make-up, hairstyle, general appearance and any other matters relating to my participation in the Programme;
4.2 behaving in a professional and courteous manner; and
4.3 observing all procedures and rules in force at any venues that I attend during my participation in the Programme.
5 I acknowledge that the judges' decision in relation to the selection of the contestants proceeding to the next phase of the contest and/or finalists and the public's decision in relation to the selection of the winner shall be final, and no reasons will be provided for such decisions.
6 I am and will remain free to travel without a chaperone, or any third party, in order to fulfil my obligations in terms of this form and any other agreement that I may be required to sign.
7 In the event that I am selected as a finalist, I will make myself available to the Producer over a period of 4 (four) months for various publicity appearances and promotional appearances, free of charge.
8 I accept that all the publicity for the Programme will be managed and cleared by the broadcaster, and specifically the M-Net and Mzansi Magic Publicity team, and that I may not make use of the services of independent publicists and public relations personnel until the date that my involvement on the Programme has ceased.
9 I understand and accept that:
9.1 The Producer has the unequivocal right, in its sole discretion, to disqualify me from participating in the Programme at any stage;
9.2 Notwithstanding the Producer’s general right to disqualify me as set out above, I specifically accept that in the event that I do not comply with the Rules and Terms and Conditions set out in this form, in any manner whatsoever (including by breaching any warranty that I have made), the Producer shall have the right to disqualify me, at any stage, after learning of my failure to comply.
9.3 In addition, notwithstanding the Producer’s general right to disqualify me as set out above, I specifically accept that should there be a dispute as to whether I have or have not complied with the Rules and Terms and Conditions (including any warranty that I have made), the Producer shall not be obliged to resolve such dispute or, if such dispute exists between me and a third party, to wait for such dispute to be resolved with such third party. In the circumstances of there being a dispute, I accept that the Producer shall be entitled to disqualify me, at any stage, after learning of the dispute.
10 I indemnify the Producer, M-Net and any of M-Net’s affiliates against any claims, damages, harm or losses suffered by me, the Producer, M-Net, M-Net’s affiliates or any third parties, of whatever nature, arising out of my failure to adhere to the terms contained in this form.
11 I understand and accept that the following additional rules shall apply to the show:
11.1 At the point of the Programme when the top 16 Idols finalists are selected (or at any other point of the contest as decided by the Producer in its sole discretion) I may, provided that I am one of the top 16 contestants, be presented with (a) a Contributor’s Release Form to be concluded with the Producer and/or M-Net and (b) further agreements with from the record company who is appointed to conclude agreements with the finalists in the Programme. In terms of the agreements, I may be required to grant an agent the right to book my performances and to grant the appointed record company an exclusive option to conclude an artist agreement and / or singles agreement with me for my services as an exclusive recording artist, and in relation to my services as an entertainer in the entertainment industry.
11.2 The above agreements may affect my career on a long term basis. For this reason, I understand that I will be afforded a period of time after the agreements are presented to me to obtain legal advice in relation to the agreements, should I so desire.
11.3 I understand and accept that in order to progress to the top 16 (if I am selected as one of the top 16 finalists) I will be required to conclude the above agreements with the Producer and the appointed record company. If I do not conclude the agreements within the time period required, for any reason whatsoever, the Producer shall have the right to immediately disqualify me from further participation in the show.
TERMS AND CONDITIONS
12 With full title guarantee I hereby assign irrevocably to the Producer (including present assignment of future copyright) the entire copyright and all other right of whatsoever nature in and to my performance, auditions and contribution to the Programme and exclusively grant the Producer the right to use my name, image, likeness and any filmed contributions on the Programme such that the Producer shall be entitled to exclusively use and exploit and assign and license others to use and exploit my contributions by all means and in all media and formats whether now known or hereafter invented throughout the universe for the full period of copyright including any extensions and renewals thereto and thereafter insofar as is possible in perpetuity. Furthermore I grant irrevocably all consent and waivers as required pursuant to the copyright designs and patents legislation and regulations and other intellectual property legislation in force in the Republic of South Africa (and any amendment to re-enactment thereof) (the “Acts”) and under all similar laws in any part of the world that may create rights in my appearance on the Programme to enable the Producer and/or M-Net to make fullest use of the Programme without restriction and without any payment.
13 Without limiting the foregoing in any way, the Producer and any assignee shall be entitled to:
13.1 Alter, adapt of make additions to or deletions from the Programme (and my appearance thereon) at its discretion and I hereby unconditionally and irrevocably waive the benefit of any provision of law known as “moral rights” prevailing now or in the future in any part of the world;
13.2 Make and exploit and to authorise the making and exploitation of any recording or fixation of my appearance separately from or in conjunction with the Programme throughout the universe in perpetuity in all media whether now known or hereafter invented;
13.3 Dub my voice in any language; and
13.4 Include my name, image, likeness, voice, biographical details, photographs of me and recording of interview with me separately from or in conjunction with the Programme in all media and formats throughout the universe including but not by way of limitation in advertising, publicity and exploitation material.
14 I acknowledge that no fees will be payable to me in respect of the broadcast of the Programme (containing my contribution) and no repeat fees will be payable to me in respect of any subsequent rebroadcast or retransmission or any other use by the Producer or M-Net (or any assignees or licensees) of the Programme or any part thereof.
15 The Producer and any assignee or licensee shall not be liable to me or my legal representative for any loss or damage or injury to me or my property caused by or suffered during or in connection with my taking part in the Programme unless caused by the gross negligence of the Producer and recoverable on that ground following judgement of a competent court of final judgement.
16 I agree not to disclose to any third party (other than my professional advisors) any information relating to the Programme or the affairs of the Producer and/or M-Net (or any assigned company) which may come to my knowledge during or in connection with my participation in the Programme.
17 The Producer may assign my services and all other rights in my contribution to and participation in the Programme to M-Net and to any other third party.
18 The Courts of South Africa shall have sole jurisdiction in relation to the terms and conditions of the agreement contained in this release which shall be interpreted according to the laws of the Republic of South Africa.
In consideration for the Producer and/or M-Net agreeing to make arrangements for the filming and recording of my contribution to the Programme, I hereby consent to the filming and recording of such contribution, the nature and the content of which I fully understand, subject to the terms, conditions and rules as specified:
19 Online Auditions for Season 17 Open at 9am 29 January 2021 and close, on the earlier of, 10pm on 14 February 2021 or the number of entries reaching 15 000.
20 The Judge’s decision is final and no correspondence will be entered into.
21 Your online audition video must only be 30seconds in duration. In the making of the video, no third-party rights including intellectual third-party rights were infringed and/or violated.
22 Your online audition video must be of you singing only. No talking will be considered.
23 I shall make no other use of the video apart from uploading it for purposes of the auditions for the Programme. The audition (including the video) may be used as part of the Programme even if I do not get a call back to audition for the judges.
24 Online Audition Judging will commence on 01 February 2021 and conclude on 01 March 2021.
M-Net Standard Terms and Conditions
Competition terms and conditions
- These are the standard terms and conditions for competitions conducted or promoted by or in association with the MultiChoice South Africa Group (“MultiChoice”) and are available at www.mnetcorporate.co.za and http://www.idolssa.tv
- Your entry into the competition and/or your acceptance of a prize (in the event that you win a prize) constitutes your binding acceptance of the terms and conditions on behalf of yourself and any person with whom you may share a prize (in the event that you win a prize which is for you and one or more additional persons (“your partner”).
- The competition is not open to
- directors, members, partners, agents, employees or consultants of the Naspers Group of companies or any supplier of goods or services in connection with a competition; and
- the spouse, life partner, business partner or associate, dependent, or the natural or adopted parent, child, or sibling, of any of the persons specified in 3.1 above; and
- entrants under the age of 18 without the prior written permission from their parents or guardians before entering.
- persons who have won a competition promoted by Multichoice within the past six months. Should you enter a competition within six months of winning in a previous competition, you will not be entitled to any prize. You will be eligible to participate in a competition promoted by Multichoice after the expiry of six months after the date on which you won the last competition.
- If you use a mobile phone for entry into the competition, the telephone calls / text messages you make will be charged at the prevailing rates, which may vary from time to time. "Free" minutes under a cell-phone contract do not apply.
- It is your responsibility to ensure that your entry is received by us prior to the closure of the competition. Any entries which are not received by us prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. We and our affiliates are not responsible for any entries which are not received by us, whether timeously or at all, regardless of the cause thereof. Without limitation, we and our affiliates are not responsible for 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, web site or other device or medium), or any combination thereof, or any other technical or other problems.
- We and our affiliates are not responsible for any injury or damage to your or any other person’s computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the competition.
- It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date.
- Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. MultiChoice will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize.
- We do not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that –
- your entry or participation in the competition will necessarily result in you winning a prize;
- a prize, or any aspect thereof, will meet your, or, if applicable, your partner’s, requirements, preferences, standards or expectations; or
- a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
- We and our affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.
- Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item.
- You may not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it.
- You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities.
- The winners will be notified by means of the contact details provided to us. If we are, or a third party supplier is, unable to contact a winner within 10 days of the draw, if the winner is unable to return a validly completed confirmation of acceptance letter within 30 days of been contacted or if the winner is unable to collect the prize within 60 days of receipt of a validly completed confirmation of acceptance letter , the winner will forfeit the prize and M-Net reserves the right to re-draw a new winner under the same conditions in respect of the competition in question.
- In the event that you win a prize and you agree to the publication of your name and/or appear in person in the electronic media and the print media and/or, to endorse, promote or advertise our goods or services, then Multichoice will make such further arrangements with you but no fee will be payable to you for such appearance.
- You are required to provide us with such additional information as we may reasonably require in order to process and facilitate your acceptance and/or use of a prize.
- In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. MultiChoice will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.
- We and our third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, at any time, for any reason which we deem necessary. Any such variation, postponement, suspension or cancelation will be published, as soon as reasonably possible, through http://www.idolssa.tv. Prior to winning, in the event of such variation, postponement, suspension or cancellation, you agree, to the extent permitted in law, to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us, our affiliates and third party suppliers.
- You agree that your participation in the competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
- We and our affiliates will not be responsible, and disclaim 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 your participation in the competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
- You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (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 you may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you of a prize.
- You acknowledge that the acceptance and use of a prize is subject to the conditions that -
- All of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith;
- You will take full responsibility for the actions of your partner;
- You indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner suffers any loss or damage pursuant to your partner’s acceptance and/or use of a prize; and
- Any minor will be accompanied by a parent or legal guardian.
- If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, –
- You will be automatically disqualified from entering or you will forfeit any prize/s (in the event that you have already won a prize);
- You will pay us for any loss or damage incurred by us directly or indirectly as a result of your (or, if applicable, your partner's) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner’s) non-compliance; and
- You indemnify and hold us and our 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 your failure (or that of your partner, if applicable) to comply therewith.
- For purposes hereof, "affiliate" means our partners, co promoters and sponsors of this competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.
- MultiChoice and the judges' decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.