These Definitions Shall Apply to Both The

Total Page:16

File Type:pdf, Size:1020Kb

These Definitions Shall Apply to Both The

TERMS AND CONDITIONS Entry and participation in the Competition and appearance in the Programme is subject to the Rules and all Contestants by virtue of entering the Competition agree to abide by them. DEFINITIONS These definitions shall apply to both the Competition Rules and the General Rules.

“Audition Programmes” the Programmes in which the Auditions are featured. “Auditions” the auditions for the Competition (including without limitation the Producer Audition(s) and Coaches Audition(s) taking place at locations to be advised by the Producers. “Competition” the competition “Showville” comprising of the Elements and culminating in the Finale and the selection of the Winner; “Contestants” those persons who submit a signed application form and are chosen, at the Producers’ absolute discretion, to take part in the Competition pursuant to the Rules. “Elements” shall together mean all elements of the Competition, including without limitation, the Open Auditions(s), and Finale. “Finalist(s)” the final Contestants selected to appear in the Finale. “Group” a group consisting of no more than four (4) Contestants. “SABC 2” the broadcaster of the Programme. “Open Audition(s)” the first stage of the Competition in which Contestants are selected to proceed to the Finale. “Coaches” a panel of two (2) coaches. The Coaches shall be nominated by the Producers at their sole discretion, to coach and mentor the Contestants from the Open Auditions(s) until the Finale of the Competition. “Prize” the prize awarded to the Winner comprising of R10,000-00 (ten thousand rand) will be electronically transferred to the Winner (the “EFT Prize”). Where the Winner of the EFT prize is a Group, the Prize shall be split in equal shares between each individual Group member. “Producers” the producers of the Programme and organisers of the Competition, being Ohukle Media and Cooked in Africa and/or any other persons nominated by them. “Production Period” the duration of the production which is anticipated to be the period commencing on 13th July 2015 and ending on 26 October 2015 (inclusive). “Production Personnel” all persons engaged to work on or in any way involved in the production or exploitation of the Programme, including without limitation all officers, employees, agents and contractors of the Producers and the broadcaster SABC 2. “Programme” the television series of the Competition recorded for initial transmission on SABC 2 (including without limitation the Audition Programmes and Finale Programmes) and all ancillary activities connected thereto. “Rules” together the Definitions, Competition Rules and the General Rules. “Finale” the Programme in which the 4 x Finalists in the Competition compete to be the Winner. “Winner” the winner of the Competition being the act as nominated by the audience vote.

COMPETITION RULES

Application to the Competition 1. Applicants will register to enter the Competition in person. 2. The Producers, at their sole discretion, will select the applicants they wish to take part in an Open Audition 3. The Producers reserve the right to fast track acts. 4. At the Coaches Open Auditions Contestants may be asked to perform in a method specified by the Coaches. 5. The Producers at their absolute discretion shall be entitled to eliminate Contestants from the Competition at any stage of the Coaches Open Audition(s).

The Open Auditions

1. All acts to be performed by the Contestants may be chosen by the Coaches and/or Producers in their sole discretion and must be kept confidential by the Contestants until such acts have been performed in the respective Programme. 2. Each Finalist will be required to perform at least once during the Open Auditions at a time and location to be decided by the Producers at their sole discretion. After each performance the Coaches will give their comments. 3. The Producers, at their absolute discretion will determine which four (4) Contestants will be asked to progress to the Finale. In the event of any dispute the Producers’ decision shall be final and binding. The Final 1. Those four Finalists still remaining in the Competition after the Open Auditions will be required to perform an act during the Finale which may be different from that performed during the Open Auditions. 2. The acts to be performed by the Finalists may be chosen by the Coaches and/or Producers in their sole discretion and must be kept confidential by the Finalists until such acts have been performed in the Finale. 3. Once all the Finalists have performed, members of the public will vote on the Finalists’ performances, the act with the most votes shall be declared the Winner. In the event of any dispute concerning the voting the Producers’ decision shall be final and binding.

Prize 1. The Prize shall consist of an Electronic Funds Transfer payment of R10,000-00 (ten thousand rand). 2. The Prize shall only be awarded after the broadcast of the episode of the Programme in which the Winner of the Prize is announced. Award of the Prize to the Winner shall be contingent upon the Winner complying with the Rules and may in the Producers’ sole discretion, be contingent upon the Programme actually being broadcast by SABC 2. 3. The Prize may only be won by one (1) Contestant or one (1) Group.

4. The Producers may, in their sole discretion, alter or change the Prize at any time.

GENERAL RULES

Participation in the Competition 1. All Contestants will be required to sign a release form prior to each of the Audition stages. It is incumbent on all Contestants to read the release forms carefully and to ensure that they are at all times eligible and entitled to enter the Competition and capable of fulfilling the terms of the release forms without restriction. Failure by any Contestant to sign such release forms or to comply with the terms therein may result in disqualification of that Contestant from the Competition. 2. No employee of the Producers or the broadcaster SABC 2, or any members of their immediate family (including without limitation cohabiting partners) may enter the Competition. Contestants must inform the Producers if a member of their family is employed by any of the aforesaid parties and the Producers reserve the right in their absolute discretion to eliminate such Contestants from the Competition. 3. The Producers have the right at any time to require proof of age and/or identity and/or eligibility. Failure by any Contestant to provide such proof within a reasonable time could result in disqualification of that Contestant from the Competition or the withdrawal of the Prize at the Producers’ sole discretion. All personal details and information requested by and supplied to the Producers by each Contestant must be truthful, accurate and in no way misleading. The Producers reserve the right to disqualify any Contestant from the Competition and/or withdraw the Prize in their sole discretion, should the Contestant at any stage supply any untruthful, inaccurate or misleading personal details and information. In the event of any dispute concerning the eligibility of any Contestant to participate in the Competition the decision of the Producers shall be final and binding. 4. Contestants must disclose to the Producers any unspent criminal convictions other than driving offences which have not resulted in a ban or more serious offence. The Producers shall keep all such information confidential, but may eliminate Contestants from the Competition should they consider in their absolute discretion that any such conviction (or its disclosure) would materially affect or in any way be detrimental to the Competition the Programme or the Contestants or in any way affect the reputation of the Producers or the SABC 2. 5. The Producers will have no liability to a Contestant who is unable to attend or take part in the Competition for whatever reason. 6. Contestants under eighteen (18) years of age must (i) obtain written parental consent to take part in the Competition; (ii) bring proof of age to the Audition; (iii) have all release forms and other agreements relating to the Programme counter-signed by a parent or guardian and (iv) be accompanied by a parent, guardian or chaperone to whom written permission has been granted by the parent or guardian, for all Auditions. 7. No contestant under the age of sixteen (16) may enter the competition; proof of age may be requested by the Producers. 8. Contestants resident in the South Africa must hold a valid green barcoded identity document passport and/or a work visa and/or a permanent residence permit. Foreign Contestants must hold the relevant documentation in order to be entitled to enter the Competition. The Producers’ decision shall be final and binding. 9. There is no obligation on the part of the Producers or the SABC 2 to broadcast any episode of the Programme in which a Contestant has appeared or any part of his/her/their contribution to any episode of the Programme. 10. It is a condition of entry and participation in the Competition that the Contestant has not entered into or undertaken nor will during the course of the Competition enter into or undertake any contractual, commercial, sponsorship or other arrangement in respect of their musical or performing abilities or the products thereof or in respect of their name, likeness, image or biography which might be in breach of the Rules or any release form or otherwise in the opinion of the Producers affect the Contestant’s participation in the Competition, Programmes or the broadcast, promotion, exploitation or sponsorship thereof. All Contestants must make a full disclosure of any existing contract or arrangement which may affect their participation in the Competition prior to taking part and will observe any and all restrictions imposed by the Producers relating to their musical and/or performing abilities during the course of the Competition and for the periods specified in the relevant release forms following their elimination. Prize 1. Where the Winner is a Group the Prize shall be distributed equally between all members of the Group. In the event of any dispute between members of the Group the decision of the Producers shall be final and binding. 2. In the event that the Winner is a minor or a Group consisting of one or minors the Prize shall be paid to the minors guardian(s).. 3. The Prize is not exchangeable for any other prize. 4. In the event of any dispute concerning the Prize the decision of the Producers shall be final and binding. Day to day 1. At all times during the Competition, the Contestants may be filmed, videotaped and/or recorded and will be required to consent contractually to the same. Accordingly, Contestants should have no assumption of privacy. In addition, Contestants may be required to wear microphones at all times required by the Company. 2. All Contestants aged eighteen (18) years old or over must act responsibly with regard to the consumption of alcohol and the Producers reserve the right to intervene in the case of any person deemed by the Producers to be intoxicated. Any Contestants under eighteen (18) years of age shall not consume any alcohol during their involvement in the Competition shall be responsible for their behaviour at all times. Same as aforesaid no Contestants shall consume any intoxicating, illegal and/or illicit substances during their involvement in the Competition. 3. No Contestant may use the Competition or their participation therein to promote or “plug” the business of any person, company or corporate entity or any friend, acquaintance, family member, or other third party, at any time prior to, during or after the Competition. 4. The Contestants have the right and obligation to report to the Producers any breach of the Rules, safety or any actions or circumstances that they believe may jeopardise the Competition and/or the safety or participation of any person connected with the Competition and/or the Programme. 5. Contestants may be required to submit to certain make-up and styling and to wear certain costumes in connection with the Competition as required by the Producers in their sole discretion. 6. Contestants must not in any way interfere with or harass other Contestants or affect other Contestants’ participation in the Programme/Competition nor attempt to do so, nor shall Contestants use offensive or threatening behaviour. Contestants must at all times behave courteously towards other Contestants and Production Personnel. 7. Contestants must take note of and comply with all studio, location, broadcaster, security, health and safety regulations put in place by the Producers. Rule Enforcement & Modification 1. The Rules shall be enforced at the Producer’s sole discretion. 2. A breach of any Rule or agreement or misrepresentation by a Contestant relating to the Programme and/or Competition may, in the Producers’ sole discretion, result in the Contestant’s removal from the Competition and forfeiture of the Prize, even if already awarded. 3. The Producers reserve the right in their sole discretion to change, amend or supplement the Rules for any reason and at any point during the Competition. Law 1. All Contestants shall comply with these Rules and shall abide by all applicable laws of the Republic of South Africa. 2. All Contestants shall be accountable for their actions and the Producers may in their sole discretion co-operate in the prosecution of any Contestant who violates the laws of The Republic of South Africa. Disqualification 1. In addition to the Rules specified herein a Contestant may be disqualified and removed from the Competition in the sole discretion of the Producers for any of the following reasons: a. Breaking of any Rules pertaining to the Competition or any instruction of the Producers; b. Breaching any agreement with the Producers in connection with the Competition; c. Breaching any laws of the Republic of South Africa. d. Unlawful conduct or misconduct as determined by the Producers in their sole discretion including, without limitation, harming or threatening to harm other Contestant(s) or Production Personnel/ Judges, violent behaviour, criminal damage, cheating or possession of illicit substances or firearm(s); e. Affecting or impeding in any way the production or exploitation of the Programme, the work of the Production Personnel or the participation of other Contestants in the Programme and/or Competition; f. Intoxication, illness or other health related matters; g. Withholding symptoms or information from the Producer’s medical team. Promotional Services & Other Media 1. Contestants in the Competition shall not be entitled to apply to or participate in any other talent, reality or game show from the date of initial application to the Competition until first transmission of the episode that the Contestant is in by the broadcaster SABC. 2. Contestants shall be required to notify the Producers of any existing audiovisual, recorded and/or printed material created prior to or during the Competition to which such Contestant(s) has contributed. 3. Contestants shall not from the date of their Open Audition be entitled to render any services in respect of their performing and/or musical abilities or make any appearances in any and all forms of media (including but not limited to press interviews and other reality television or game shows) other than for or with the prior permission of the Producers until at least three (3) months after date of first transmission of the last episode of the Programme without the prior written approval of the Producers. Contestants shall not be prevented from performing live in for example, pubs, clubs and other such venues provided that any such performance is not recorded for exploitation in any media. 4. Contestants shall not be entitled to make any media appearances, press appearances or have any media contact during the Production Period unless such contact and/or appearances have been organised and sanctioned by the Producers’ press officer or another duly authorised representative of the Producers. 5. Contestants shall not without the Producers’ prior written consent make any statement or announcement or give any information directly or indirectly relating to the Competition, the Programme, the Producers, or the broadcaster SABC 2 to any journalist, critic, or correspondent of any newspaper or publication including without limitation any form of online internet interactive or other multimedia publication or to any person, firm or company involved in the media or by whom or in circumstances in which the repetition or publication of any statement, announcement or information might be reasonably anticipated, including without limitation television, radio or broadband programmes. 6. Contestants shall keep confidential any information or trade secrets obtained or learned as a result of their participation in the Competition including but not limited to, information about other Contestants, the Producers or the broadcaster SABC 2, information about the Competition or any Programme, event in the Programme or the outcome of the Programme.

Alternates & Eliminated Contestants 1. At any time during the Competition, some applicants may be chosen following their elimination from the Competition as Alternates by the Producers. Alternates shall remain available to participate in the Competition as Contestants if chosen by the Producers to replace an existing Contestant. The Producers may at any time, in their sole discretion, add, remove or replace Contestants. Alternates shall not be entitled to participate in the Competition, nor to receive any remuneration in respect thereof nor to win the Prize unless such Alternate is reinstated as a Contestant. 2. If a Contestant is eliminated from the Competition, such Contestant may, without being re- instated as a Contestant, be required by the Producers to participate further in the Programme and in related publicity as directed by the Company. Such eliminated Contestant(s) shall however forfeit any chance to win the Prize. unless reinstated as a Contestant. Medical 1. Contestants shall abide by any rules that the Producers put into place regarding sexual activity and Contestant shall, if they choose to engage in any such sexual activity with any other Contestant do so at their own risk and with no liability to the Producers. 2. Contestants shall accurately and truthfully complete a health and medical questionnaire in form to be supplied by the Producers and shall cause their doctor to accurately and truthfully complete the same and shall deliver the same to the Producers on such date as is set by the Producers. Data Protection 1. All personal information received by the Producers will be used solely for the purposes of the Competition and the Programme. The Producers operate a policy which is compliant with all relevant data protection regulations and legislation.

Criminal Record 1. Contestants shall comply with any request by the Producers to obtain disclosure of all unspent convictions and shall complete accurately and truthfully and submit any form relating thereto by such date as is set by the Producers.

IN THE EVENT OF ANY DISPUTE CONCERNING THE OPERATION OF ANY ELEMENT OF THE COMPETITION OR THE PROGRAMME OR THE RULES, THE DECISION OF THE PRODUCERS SHALL BE FINAL AND BINDING IN ALL RESPECTS.

If you have any problems understanding the rules please ask one of the production staff. Indien u die reëls nie verstaan nie, vra die produksie personeel. Xa uthe wafumana ubunzima bokuyiqonda le miqathango, nceda ubuze komnye kwabasebenza ngoqulunqo. Uma inenkinga ukuzwisisa imigomo, buza komunye wabasebenzi kwezokukhiqiza Ge on na le mathatha a go tlaloganya melawo, kgopela o botsishe ba bereki ba production. He o na le mathatha a ho tlaloganya melawo, kopa o botse ba bereki ba production. Loko u ri na ku tikilewa e ka ku twisisa mi lawu, vutisa va tiri lava va endlaka production.

Recommended publications