GENERAL TERMS AND CONDITIONS | END USER LICENSE AGREEMENT
This end-user license agreement regulates how yu can use our interactive entertainment products. This license is subject to conditions and you will be liable for breach of this license if you use our product contrary to these conditions. You give us the right to audit your use of our product. If we find through an audit or in any other way that you have breached this license, then you will be liable to pay us damages and penalties specified in this license.
This End User License Agreement (“EULA”) regulates the use of the interactive entertainment products by the User, including without limitation, all upgrades and enhancements (“product”) and any related documentation. By loading the product onto a computer, phone or accessing it through a website or by exercising the rights granted to you in this EULA, you accept and agree to be bound by the terms of this EULA.
This agreement is between you, the individual or organisation that uses our product, and us, the owners of the product. We are Big 5 Games Limited (UK Company Registration Number: 9739879) and Universal Productions Ltd (SA Company Registration Number: 1990/004039/07)
4. Our products
Our products are the interactive entertainment applications or websites and any related documentation associated with this license.
5. Our intellectual property rights
We own copyright and other intellectual property rights in our products. Our products belong to us and not to you.
6. Grant of license
If you agree to the terms of this agreement, then we grant you this license to use our products subject to the license conditions set out below. You will then have the right to use the product subject to the conditions. However, you may not use our product as if you own any rights in it. We do not grant you any license to use our product if you do not agree to the terms of this agreement.
7. Duration of license
This license starts to apply when you accept it and continue to apply until it terminates.
8. License conditions
Non-exclusive: Your right to use our product is non-exclusive. We may give anyone else the same or any other right to use our product. Your right to use our product is non-assignable. You may not transfer the right to anyone else. Business purposes: Your right to use our product is only for your personal purposes. You may not use the product for any other purposes. Duration: Your right to use our product is only for the duration of this agreement. You may not use the product before or after the duration of this agreement. License fees: Your right to use our product may depend on payment of the license fees related to that license. You will not have the right to use our product if the customer responsible for paying the associated license fees (who may or may not be you) has not paid them.
9. Breach of license
You will be in breach of the license to use our product if you use it contrary to the conditions set out above.
We value your feedback about our products. It helps us improve them for you and our other users. However, please ensure that your feedback does not contain any unsolicited ideas. The purpose of this restriction is to avoid potential misunderstandings or disputes if our product incorporates and idea similar to an unsolicited idea that you submitted to us in your feedback. Definitions: In this clause: feedback means any comments or suggestions you send us or post on a website that we control related to our product; and unsolicited ideas means any original intellectual property related to our product or new goods or services that we have not asked you for in writing. No obligation to you: We are not obligated to compensate or credit you for your feedback in any way unless we have a written agreement with you to do so. Your obligation to us: When you submit your feedback to us, you: grant to us a perpetual, non-exclusive, royalty free license to use, reproduce and, modify your feedback for any purpose related to our goods or services; agree to deliver all documents and perform all actions necessary to ensure that our rights to use, reproduce, and modify your feedback are effective and enforceable; and give up any claim that our use, reproduction, or modification of your feedback violates any of your rights, including your intellectual property rights or your moral rights (the rights not to have your work distorted and to be credited for your work). Submission: You can submit feedback to us by email to firstname.lastname@example.org or through our other feedback and support channels. This includes our websites of www.big5games.com and www.universalproductions.co.za.
11. Your data
12. Intellectual Property
Retention of rights: We have created, acquired or otherwise obtained rights in our technology and despite anything contained in the agreement, we will own all right, title, and interest in our technology. Use of our technology. If we utilise any of our technology in connection with our performance under an order, our technology will remain our property and you will not acquire any right or interest in it. Trademarks: Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner. Restrictions: Except as expressly permitted under the agreement, the services may not be: modified, distributed, or used to make derivative works; rented, leased, loaned, sold or assigned; decompiled, reverse engineered, or copied; or reproduced, transferred, or distributed. Prosecution. All violations of proprietary rights or the agreement will be prosecuted to the fullest extent permissible under applicable law.
13. Warranties and disclaimer
No warranties: While we do our best to make sure that our product is error free, we make no warranties in relation to our product other than those imposed by the relevant consumer law, and then only if you are a consumer in terms of that law. Disclaimer: You use our product at your sole responsibility and risk .We provide the product on an “as is” and “as available” basis. To the extent allowed by law, we expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied. Exclusion of liability: Despite any warranty we give, we will not be liable regards any defect arising from negligence, failure to follow our instructions (whether oral or in writing) or misuse.
14. Limitation of liability
Direct damages limited: To the extent permitted by applicable law, regardless of the form (whether in contract, delict or any other legal theory) in which any legal action may be brought, our maximum liability to a you for direct damages for anything giving rise to any legal action will be an amount equal to the total fees already paid by you to us for the product related to the claim. The aggregate amounts for all claims will not be greater than the maximum amount. Indirect damages excluded. To the extent permitted by applicable law, in no event will we (or our personnel) be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or product, loss of use, damages relating to downtime or costs of substitute products) arising from the agreement.
15. Termination for breach
Right to terminate: If you breach this license to use our product, we may immediately terminate it without notice to you. Damages: If you breach this license to use our product, we may claim damages from you equal to the licensing fees you would have paid to us had you paid us for a license to use our product in the way that you did. Penalties: If you breach this license to use our product, you will pay us penalties equivalent to the license fees a customer would have paid us for the period during which you were in breach.
16. Force majeure
Parties not liable: No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God. Party affected to notify other party. If there is an event of force majeure, the party affected will tell the other immediately, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances. Right to cancel: If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.
17. Resolving disputes
There will be a dispute about or from this agreement if a party writes to the other about it and asks for it to be resolved under this clause. The parties must refer any dispute to be resolved by arbitration. The parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under the Arbitration Foundation of Southern Africa’s (AFSA) latest rules for expedited arbitrations. The arbitration will be held in English in Johannesburg, South Africa. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
Entire agreement: The agreement is the entire agreement between the parties on the subject. Waiver (giving up of rights). Any favour we may allow you will not affect or substitute any of our rights against you. Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose. Governing law: South African law governs this agreement. Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that we may bring against you in connection with this agreement, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to our right to institute any action in any other court having jurisdiction.
PRIZE TERMS AND CONDITIONS OF THE MOOLA-MONEY QUIZ GAME PROMOTIONAL COMPETITION ("PROMOTION")
- The promoters of this Promotional Competition are:
- Universal Productions (Pty) Ltd (“Universal Productions”);
- Big 5 Games Limited (“Big5 Games”); and
- Sanlam Life Insurance Ltd (“Sanlam”).
(Universal Productions and Big5 Games and Sanlam jointly, the “Promoters”)
- In order to be eligible to enter into this Promotion, which is promoting Sanlam and the Sanlam Moola Money Family Game Show you must:
- be resident in South Africa, and
- be a natural person over the age of 18 (eighteen) years old.
- Employees of the Promoters, including affiliates, agents and immediate family members and/or those living in the same household of each of the aforementioned, are not eligible to enter or win the Promotion.
- Only 1 (one) entry per person is permitted. By entering this Promotion, you agree to be bound by these terms and conditions of the Promotion (“Rules”).
- In order to obtain an entry into this Promotion, you must be eligible, and have registered and entered your selections for the Moola-Money Quiz Game Promotion as presented by the Promoters (“Quiz Game”) and accessible at www.moolamoneyquiz.co.za (“Website”). Where you meet the requirements of this clause, you shall be deemed an entrant in the Promotion (“Entrant”).
- This Promotion shall start at 00h00 on Friday 19 March 2021 and will run until 23h59 on Friday 9 July 2021 (“Promotion Period”).
- Prizes: 16 (sixteen) Round Winner prizes of R1000 each and 1 (one) Grand Prize of R5 000 are available as prizes for the Promotion. Each round of the Promotion shall commence on 20h00 on each Friday during the Promotion Period, and terminate at 19h59 on each Friday in the Promotion Period (“Round”). Winners of each Round will win prizes as set out below (“Prize/s”) and each winner will be determined by the Promoters in accordance with the following:
- The first placed Entrant with the highest points total as displayed on the Round Leaderboard on the Website at the end of each Round of the Promotion, will be deemed to be the first placed Round Winner (“Round Placed Winner”). Each Round Placed Winner will receive a cash prize of R1 000.
- The first placed Entrant with the highest points total as displayed on the Overall Leaderboard on the Website at the end the Promotion, will be deemed to be the first placed Overall Winner (“Overall Placed Winner”). The Overall Placed Winner will receive a cash prize of R5 000.
- Should there be any tie with regard to either or both the Round Placed Winners or Overall Placed Winners (“Placed Winners”), then Placed Winners will be determined by random selection via a computer generated draw so as to produce a single Round Placed Winner for each Round of the promotion and a single Overall Placed Winner at the end of the Promotion.
- The Placed Winners will be notified within 5 (five) days of the end of each Round of the Promotion (“Notification Date”).
- The Placed Winners details and list can be viewed on the Overall and Round Leaderboards by all Entrants to the Promotion here: https://www.moolamoneyquiz.co.za/app/leagues. Prize winners will also be recorded in the Prizes section of the game information guide: https://www.moolamoneyquiz.co.za/app/howtoplay.
- The Placed Winners may be required to provide proof of eligibility as set out in these Rules regarding their age and residency, and any other information required by the Promoters (collectively, the “Requirements”), in order to receive their respective Prizes.
- If for any reason any Placed Winner:
- cannot be contacted within 5 (five) days of the Notification Date; and/or
- fails to meet any of the Requirements; then
he/she shall be rendered ineligible to receive the Prize.
- The Placed Winners agree to participate in a prize awarding ceremony or similar event/s in relation to the Prizes, without further compensation in any form or manner whatsoever (financial or otherwise).
- The Prizes may not be transferred, assigned, substituted or altered, except by the Promoters at their sole and absolute discretion, due to unavailability of the Prize, in which event, the Prize may be substituted for one of comparable or similar value by the Promotors in their sole and absolute discretion.
- Entrants and any Placed Winner of this Promotion are solely responsible for all applicable taxes and all other expenses incurred in their participation in the Promotion or their winning a Prize.
- The Placed Winners accept that certain other conditions as regarding the Prizes may apply as may be prescribed by the Promotors in their sole discretion.
- Any circumvention of the Rules, or any attempt at circumventing the Rules, shall immediately disqualify an Entrant from this Promotion and from winning the Prizes.
- The Promoters reserve the right to vary or to alter or to amend the Rules of the Promotion at any time, in their sole and absolute discretion as exercised collectively, by posting the amended terms on the Website. In the event of such variation or alteration or amendment, you agree to waive any rights you may have in terms of these Rules, this Promotion and/or the Prizes, and acknowledge that, to the maximum extent permitted by law, you will have no right of recourse against the Promoters, or any of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, assignees, advertising/promotion agencies, representatives, or agents. Any variation or alteration or amendment of the Rules will be published on the Website, and you undertake to regularly visit the Website to familiarise yourself with any varied, altered or amended Rules. The Rules will be deemed amended at the time they are published on the Website.
- The Promoters reserve the right to terminate this Promotion immediately by posting a notice of such termination on the Website at any time. In the event of such termination, you agree to waive any rights you may have or may have had in terms of the Rules or this Promotion, and acknowledge that, to the maximum extent permitted by law, you will have no right of recourse against the Promoters, or any of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, assignees, advertising/promotion agencies, representatives, or agents. Any termination of the Promotion will be published on the Website, and will be effective from the time it is published.
- Subject to the Consumer Protection Act, 2008 and to the maximum extent permitted by applicable laws, save in respect of gross negligence or wilful misconduct on the part of the Promotors (or anyone representing the Promoters) the Promoters and any of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, distributors, retailers, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to any Entrant or Placed Winner or any third party or damage to personal or real property due in whole or in part, whether directly or indirectly, by any reason whatsoever, including, without limitation, the acceptance, possession, use, or misuse of the Prize and/or participation in this Promotion.
- By entering this Promotion, you acknowledge and agree that the Promoters, as well as their designees and assigns, may use your name, voice, city/state/province of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other legitimate purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
- Any personal information of Entrants and Placed Winners (“Personal Information”) will be processed and stored securely by the Promoters in accordance with their internal policies and the Protection of Personal Information Act 2013. The Promoters will use Personal Information only for the purposes of fulfilling obligations and/or exercising rights pursuant to these Rules, and to comply with the Promoter’s legal obligations. The details for the relevant Promoter’s information officer (or any person duly authorised by a Promoter to act as such) can be obtained from : email@example.com
- The Promoters may all receive your Personal Information strictly as is necessary for the Promotion and the purposes set out in these Rules. The Promoters will share my personal information within their corporate groups, and with third party service providers, strictly as is necessary to provide fulfil its obligations and/or exercise its rights under these Rules. You are required to ensure that any Personal Information you submit to us is complete, accurate and up to date, and you must notify the Promoters promptly in the event of any updates to your Personal Information.
- All decisions of the Promoters regarding the Rules, this Promotion and/or the Prizes are final and unappealable, and no correspondence will be entered into with any Entrant or Placed Winner.
- These Rules will be construed, interpreted and enforced in accordance with the laws of the Republic of South Africa.
- The registered office and contact details of Universal Productions are 6 Jane Lane, Klippoortjie, 1401, South Africa. Email: firstname.lastname@example.org.
- The registered office and contact details of Big5 Games are 7 Granard Business Centre, Bunns Lane, Mill Hill, London, NW7 2DQ, United Kingdom. Email: email@example.com.
- The registered office and contact details of Sanlam are 2 Strand Road, Bellville, South Africa, 7530. Email: firstname.lastname@example.org
- The Promoters will not be liable for any default due to any war, riot, strike, lockout, industrial action, fire, flood, drought, storm, epidemic, pandemic, technical or system failure or any event beyond the reasonable control of the Promoters.
- Any term and condition contained in the Rules and/or which is applicable to the Promotion which is illegal, prohibited or unenforceable under any law or regulation shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions.
Any views and opinions shared on the website and/or as a result of the promotion or quiz game do not constitute financial or any other professional advice. The promoters have taken all reasonable steps to ensure that the content communicated on the website, the show and as part of the promotion or quiz game is factually correct. However, any reliance on any views, opinions, questions and/or answers given on the website, the show and/or as a result of the promotion or quiz game is done at your own risk. Please ensure that you always consult an accredited financial adviser to give you tailor made financial guidance.