TERMS AND CONDITIONS
In terms and conditions set out below (“Terms“) govern the participation in and implementation of related administrative matters pertaining to a television show titled ‘Sanlam Moola-Money Family Game Show’ consisting of thirteen episodes in any one season (“the Series“), to be produced by Universal Productions (Pty) Limited (Company Reg No: 1990/004039/07) whose postal address is PO Box 14728, Wadeville, 1422 (“the Producer“, “we“, “us“, “our“). The Series is sponsored by Sanlam Life Insurance Ltd (Company Reg No: 1998/021121/06) and whose registered address is 2 Strand Road, Bellville, 7530 (“Sanlam“). References to the Series shall mean the first season of the Series and/or series provisionally entitled “Moola Money Family Game Show” including any re-edited, re-voiced, reformatted, updated or compilation or any other versions thereof or further series or spin-offs and/or other content; produced by us for e.tv Propriety Limited (“the Broadcaster“)(together with Universal Productions and Sanlam, “the Producing Parties“) and/or with any subsequent broadcaster.
A. The Show
- Sanlam Moola-Money Family Game Show is a television gameshow consisting of thriteen episodes per season where two families compete to answer financial related questions through three rounds with the winning family winning a cash prize. There will be 12 winning families who will compete in a Grand Finale episode for a Grand Prize.
- Copyright of the Series vests with the Producer, who retains full right and ownership of the Series in perpetuity and for use worldwide on and through all media current or yet to be invented. Nothing in these terms and conditions shall connote a transfer or right of use in and to the Series to any third party in any manner whatsoever.
B. Call to Entry Period
- In order to select participants in the Series, the Producer is running a call to entry for person who are interested in appearing in the Series (“the Call to Entry“). The Call to Entry shall run from 28 January 2021 to 19 February 2021 (“the Call to Entry Period“).
- Subject to these Terms, only persons who:
- are between the ages of 18 and 60 as of 19 February 2021 (both ages inclusive);
- are a citizen or permanently resident in the Republic of South Africa;
- have not been convicted of any offence and are not subject to any court order relating to assault, violence, sexual misconduct or harassment;
- agree to be bound by these Terms;
shall be entitled to participate in the Call to Entry and the Series (if selected to participate in the Series in accordance with these Terms)(“the Eligibility Requirements“)
- Employees (whether permanent and/or contract), and/or directors of and/or consultants to any of the Producing Parties are not eligible to participate in the Call to Entry. This shall include such person’s respective immediate family members, meaning parents, spouse, children and/or siblings are not eligible to participate in the Call to Entry. This clause shall apply to current employees, directors and/or consultants as well as to those who were employees, directors and/or consultants within a period of 12 months prior to the commencement of the Call to Entry Period.
D. How to Apply
- In order to participate in the Call to Entry, a person (“Responsible Family Member“) must:
- fill out and submit the application form at www.sanlammoolamoney.co.za (“the Website“);
- submit a video not longer than 1 minute as set out in the application form; and
- in the application, nominate two family members (which can include the Responsible Family Member) who may appear in the Series (“Family Members“).
- A Responsible Family Member and the Family Member nominated in the application who meet the Eligibility Requirements, completes the form and submits a video in compliance with these Terms (“Eligible Person“) will, subject to the Terms, automatically be entered into a pool of Eligible Persons who may be chosen as participants in the Series as set out below.
- The Responsible Family Member acknowledges that the:
- Family Members meet the Eligibility Requirements; and
- Responsible Family Member makes the application on behalf of the Family Members with the Family Members’ full knowledge and consent to these Terms.
- For the avoidance of doubt, all entries submitted before or after the Call for Entry Period will not be considered.
- The Producing Parties shall not be obligated to return any Materials (as defined in F1.2 below) to any Responsible Family Member or Family Member.
- A Responsible Family Member (which shall include a Family Member of these Terms) hereby agrees and confirms that:
- they will not withhold from the Producing Parties any material fact that may in their reasonable opinion jeopardise or otherwise impact on the Series or which might result in publicity adverse to the good name of the Producer, the Broadcaster, Sanlam, any of their directors, employees or consultants/agents and/or the Series;
- any information provided by the Responsible Family Member to the Producing Parties, whether in the application form or otherwise, is truthful, complete, accurate and not misleading and they have not deceived or attempted to mislead the Producing Parties in any way (including but not limited to the Responsible Family Member identity, marital status, experiences, background and/or health);
- by reason of a Responsible Family Member’s conduct (including past conduct), the Responsible Family Member shall not bring the Producing Parties into disrepute;
- they will comply with and adhere to these Terms;
- they will notify the Producing Parties in the event any personal information as defined in these terms processed by the Producing Parties is incorrect and/or requires updating, changing and/or correcting.
- If a Responsible Family Member is found to have supplied inaccurate, misleading or false information to the Producing Parties, the Responsible Family Member acknowledges and agrees that they may be immediately disqualified from the casting process and/or taking part in the Series.
- A Responsible Family Member’s participation in the Call to Entry and the Series will be subject to all necessary paperwork, background checks, references and/or consents as requested by the Producer being promptly completed and returned to the Producer (which may include without limitation information regarding the Responsible Family Member’s income and financial status, health and/or criminal and/or civil actions and/or convictions). Should a Responsible Family Member elect not to provide the Producer with any information deemed necessary by the Producer, they may be disqualified from the Call to Entry and/or the Series at the Producer’s election.
- Sanlam and the Producer will select Family Members (“Potential Participants“) to participate in the Series at their sole and unfettered discretion from the total pool of valid entries by Eligible Persons. Due to the large number of applications that may be received, an Eligible Person will only be contacted if they are selected as a Potential Participant in the Series. The Potential Participants shall be selected and contacted as set out in these Terms within one week of the end of the Call to Entry Period.
- The suitability of all Potential Participants to participate in the Series will be assessed by Sanlam and the Producer in their sole discretion. All decisions made by Sanlam and the Producer shall be final and unappealable, and Sanlam and the Producer expressly reserve their rights to reject any Eligible Person for any lawful reason whatsoever.
- The Producer will contact Potential Participants in the Series telephonically on the phone number supplied by the Potential Participants. If contact is not made after 3 attempts during the one week period, the particular Potential Participants will be disqualified and new Potential Participants will be selected. The old Potential Participant will be deemed to have forfeited any opportunity to appear in the Series and will have no further claims whether in relation to the Series or otherwise against the Producing Parties. If they wish to appear on the Series, the Potential Participants must provide additional details as requested by the Producer to the Producer within 12 hours of being notified of their selection as a Potential Participant, failing which the Potential Participant will be disqualified. Once this process is completed to the Producer’s satisfaction, the Potential Participant shall be deemed to be a “Participant” in the Series.
- Eligible Persons and Potential Participants acknowledge that the submissions of an application form, compliance with these Terms, receiving a phone call from a member of the Producers, attending and audition and/or attending any recording days of the Series DOES NOT constitute an offer to appear on or automatically mean and Eligible Person or Potential Participant will be a Participant or appear on the Series.
- The Producer and Sanlam reserve the right, at their sole discretion, to disqualify a Participant, at any time during the casting and/or production process, behave in a manner which the Producer and Sanlam deem to be inappropriate in their sole discretion, even if such person has been given a date to attend auditions and/or has been filmed in the Series.
- The Producing Parties reserve the right to vary any element of the Series and they shall have no obligation to produce any episode of the Series, to broadcast any episode of the Series, or to select an Eligible Person or Family Member as a Participant.
- Even where the Eligible Person is selected as a Participant, the Producing Parties shall not be obliged to include the Participant in any manner or form in the Series.
- All costs, fees and/or expenses incurred or to be incurred by the Participants in relation to the Series (including any travel and/or accommodation costs) shall be for the Participant’s account.
- The Participants will be required to be available for filming the Series between 1 and 15 March 2021 in Johannesburg at their own cost. Should the Participant be unable to attend the filming of the Series, they will be automatically disqualified.
- All Participants shall be obligated to comply with any policies implemented from time to time by the Producing Parties, including those implemented to combat COVID19. As a part of these policies, all Participants will be required to submit a negative PCR COVID19 test, not older than 72 hours, within 72 hours of any allocated shoot date for a Participant. Should a Participant present a positive COVID19 test, the Producer shall be entitled to disqualify the Participant. Should a Participant present any symptoms related to COVID19, whether before or after their shoot date, they shall immediately advise the Producer of such symptoms.
F. The Series
- Where a Responsible Family Member makes an application as set out in D1, or where a Participant is invited and agrees to attend any filming or photography sessions of the Series whatsoever, which include, but are not limited to, auditions, selections, production processes, and primary shooting of the Series for broadcast, and in consideration for the Participant’s chance to participate in the Series, the Responsible Family Member, Family Members and/or Participant hereby (cumulatively, “the Contributors“):
- agree and irrevocably consent to being filmed, photographed and/or recorded in any manner now known or hereinafter devised during their participation of the Series, including but not limited to any audition, screen test, interview or primary shooting for the Series or in any other manner connected with the Series (“the Contribution“);
- irrevocably grant the Producing Parties all necessary rights and consents to permit the Producing Parties to make the fullest use of the Contribution and/or any information, photographic/video material submitted or made available by the Contributors (whether as part of the application in D1 or otherwise)(“the Material(s)“) for any purposes connected with the promotion and exploitation of the Series, and/or ancillary products, merchandise, rights, services and/or connection with the Producing Parties in any and all media now known or hereafter invented throughout the world in perpetuity;
- accept that the Producing Parties have the right to edit, copy, adapt and/or translate the Material(s) and/or Contribution as they see fit in their sole discretion;
- irrevocably waive the benefits of and agree not to assert any provision of law known as “moral rights” or any similar laws of any jurisdiction against the Producing Parties in relation to the Materials and the Contribution;
- agree that the Producing Parties have no obligation whatsoever to return any Material(s) and that the Producing Parties are in no way obligated to use any of the Material(s) in connection with the Series; and
- grant the Producing Parties, without any compensation being required, the right to use and re-use the Contributor’s name, voice, likeness, photographs and any biographical material concerning the Contributor in the Series and in connection with the casting, development, production, publicity promotion and exploitation of the Series and/or ancillary products, services and/or rights and/or in connection with the Producing Parties, throughout the world in all media in perpetuity.
- The Responsible Family Member acknowledges that the Materials supplied by them (including the application video referred to in D1.2) may, in terms of the above grant of rights, be used by the Producing Parties in broadcasting or advertising the Series (without limiting the grant of rights contained in this clause F). Where the Materials feature the image, name, and/or likeness of a third party (which third party may include members of the Responsible Family Member’s family who are not applying to be a part of the Series as set out in D1), the Responsible Family Member confirms and warrants that such third party has read these Terms and has agreed to be bound by them (and, in particular, has agreed to the grant of rights contained in this clause F), to allow the Producing Parties to exercise the rights granted to them in F1.1 to F1.5 above. The Responsible Family Member fully indemnifies and holds the Producing Parties harmless from any and all loss, howsoever caused, suffered by the Producing Parties as a result of the Responsible Family Member breaching this warranty.
- The Eligible Persons and/or Participants hereby acknowledge and agree that the Producing Parties exclude(s) all warranty and/or liability in connection with the Series to the fullest extent permitted in law. Participants shall assume full liability and responsibility in case of any liability, mishap, injury, loss, damage, claim or accident (including personal injury and/or death) resulting from their participation in the Series. The Producing Parties shall not be held responsible for any loss, damage or injury (including death) in any manner whatsoever (save when cause by the gross negligence or fraud of the Producing Parties) suffered by the Eligible Persons and/or Participants as a result of their participation in the Series.
H. Personal Information
- Any personal information of Eligible Persons, Potential Participants and/or Winner(s) (“personal information”) will be processed and stored securely by the Producer and Sanlam in accordance with their internal policies and the Protection of Personal Information Act 2013. The Producer and Sanlam will use personal information only for the purposes of considering an application for the Series and for potential future series (if consent has been), and for purposes related to producing the Series, publicity and promotion relating to the Series, fulfilling obligations and/or exercising rights pursuant to these Terms, and to comply with the Producer and Sanlam’s legal obligations. A Participant may be required to provide personal information relating to children (in respect of which the Participant is legally competent to consent to any action or decision being taken concerning such children). Each Participant hereby consents to the processing of such children’s personal information for the purposes contemplated in this section H1.
- Where selected as a Participant, the documents submitted in accordance with these Terms will be kept and maintained for up to 7 years. Unsuccessful applications and any personal information therein will be permanently deleted within 12 months of the submission thereof.
- A Participant may be required to provide sensitive information such as information about their health and any criminal behavior, to determine their suitability and to identify and manage health and safety risks. The Producer and Sanlam will ensure that access to such information is restricted to only members of the Producing Parties who reasonably need to access it. The Producer and Sanlam will securely destroy such information when it is no longer needed for these purposes.
- An Eligible Person’s application, and other personal information collected in connection with the Series, will be shared with the Producer and Sanlam for the purposes of considering an application and, if successful, in producing the Series and exploiting it worldwide. Personal information will not be shared with third parties except where the Producing Parties are legally permitted to do so.
- Where a Responsible Family Member includes, as a part of the application referred to in D1, any personal information relating to any other person, including a person under the age of 18, (which would include but not be limited to submitting an audition video that includes the image of a person under the age of 18), the Responsible Family Member consents on behalf of those persons to the processing of their personal information as set out in these Terms and warrants that the Responsible Family Member is entitled to consent on behalf of such persons to the processing of their personal information as set out in these Terms. The Responsible Family Member fully indemnifies and holds the Producing Parties harmless from any and all loss, howsoever caused, suffered by the Producing Parties as a result of the Responsible Family Member breaching this warranty.
- Applicants, Eligible Persons, Potential Participants, Participants and/or Responsible Family Member(s) who participate in the Call to Entry or the Series agree to be bound by these Terms and the decisions of the Producing Parties.
- The decision of the Producing Parties, on all matters relating to the Series and the Call to Entry will be final and binding. The Producing Parties reserve the right, without prior notice and at any time, to terminate the Series, in whole or in part, or modify, suspend, or extend the Series in any way. Such a determination may be made withing the sole discretion of the Producing Parties.
- The Producing Parties 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 Producing Parties.
- The Producing Parties reserve the right as they deem fit to vary or change any of the Terms from time to time or cancel, terminate, withdraw, or suspend the Series and/or Call to Entry and/or replace this Series with another similar Series or program on prior notice. Eligible Persons, Responsible Family Members, Potential Participants and Participants will be notified of such variations, changes, cancellation, termination, withdrawal or suspension by a post on the Website or in any other manner as the Producing Parties deem fit. In this respect, Eligible Persons, Responsible Family Members, Potential Participants and Participants signify their agreement to access the Website at regular intervals to view the Terms and to ensure that they are kept up-to-date with any variations or changes which the Producing Parties may affect to the Terms from time to time. For the avoidance of doubt, any cancellation, termination, withdrawal or suspension by the Producing Parties of the Call to Entry or the Series will not entitle Eligible Persons, Responsible Family Members, Potential Participants and Participants to any compensation against the Producing Parties (or any one of them) for any and all loss or damage that may be suffered or incurred by any Eligible Persons, Potential Participants, Responsible Family Members and Participants, as a direct or indirect result of the act of cancellation, termination, withdrawal or suspension of the Series or Call to Entry.
- Any term and condition contained in the Terms and/or which is applicable to the Series 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.
- These Terms are governed by and construed under the laws of South Africa.
- Eligible Persons, Responsible Family Members, Potential Participants, and Participants are obliged to keep strictly confidential and will not without prior written consent from the Producing Parties at any time publish or disclose to any person (including without limitation via the internet or any social networking sites such as Instagram, Facebook and/or Twitter) any conversation, information or photographs relating to the Series, any winning or losing family or the winner of the Series forming the basis of the Series and/or the application, selection, filming and/or production process which comes to their knowledge nor other information relating to the Producing Parties acquired by Eligible Persons, Responsible Family Members, Potential Participants and Participants, other than information already in the public domain. Any disclosure as aforesaid may cause the Producing Parties to suffer irreparable harm which may result in legal action being taken against the disclosing party.
- Any communication arising out of relating to these Terms must be sent to firstname.lastname@example.org.