| 18. |
Each Participant confirms that the Design uploaded by him/her to the Website has been developed solely by him/her and does not belong to, or form the subject of copyright protection belonging to any third party whatsoever. |
| 19. |
By entering this Competition the Participants grant Prefix the full and unrestricted right to utilise any and all Designs submitted by them for marketing, advertising and communication purposes in Prefix’s sole discretion. |
| 20. |
Any and all Designs and all parts thereof submitted by the Participants shall belong to Prefix. The Participants hereby assign to Prefix in perpetuity by way of future assignment all copyright and other intellectual and proprietary rights in the Designs submitted by them. |
| 21. |
The promotional material, information on how to enter and Prize details form part of these Terms and Conditions. |
| 22. |
Any Participant who fails to adhere to these Terms and Conditions may be disqualified from participating in the Competition. The decision on whether to disqualify a Participant shall be in Prefix’s sole discretion. |
| 23. |
The Competition is not open to any person who is: |
| 23.1 |
A director, member, partner, employee or agent of, or consultant to Prefix and/or any affiliate of Prefix, or any other person who directly or indirectly controls or is controlled by Prefix and/or any affiliate of Prefix; |
| 23.2 |
A supplier of goods or services in connection with the Competition. |
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| 24. |
It is the Participant’s responsibility to ensure that his/her entry is received by Prefix prior to the closure of the Competition. Any entries which are not received by Prefix prior to the closure of the Competition will not be eligible to participate, regardless of the reason for the late entry. Prefix is not responsible for any entries which are not received, whether timeously or at all, regardless of the cause thereof. Without limitation, Prefix is 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. |
| 25. |
The Participants are solely responsible for insuring that all information provided by them is accurate, complete and up to date. |
| 26. |
Any and all costs and/or expenses which the Participants may incur in order to participate in the Competition shall be solely for the Participants’ account. Prefix will not be responsible for any costs or expenses which the Participants may incur during and for purposes of their entry into the Competition and/or in respect of their acceptance and/or use of the Prize should same be awarded in terms hereof. |
| 27. |
Prefix does not make any representations or give any warranties, whether expressly or impliedly, as to the Prize referred to in clause 11 above, and in particular, but without limitation, make no representations and give no warranty that: |
| 27.1 |
A Participant’s entry or participation in the Competition will necessarily result in him/her winning the Prize; |
| 27.2 |
The Prize awarded shall result in the Winner being employed by Prefix as a graphic designer or at all; and |
| 27.3 |
The Prize awarded in terms of the Competition, or any aspect thereof, will meet the Winner’s, requirements, preferences, standards or expectations. |
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| 28. |
Prefix shall not be responsible for: |
| 28.1 |
Any injury or damage incurred to the Participants’ or any other persons’ computer, mobile telephone or other device used by the Participant to enter into, or obtain any materials related to the Competition; |
| 28.2 |
Any harm, damage, loss or claim relating to the provision of any element of the Prize or any changes to the Prize that may be made at any time; |
| 28.3 |
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 a Participant as a result of his/her participation in the Competition or the acceptance and/or use by the Participant of the Prize, or by any action taken by Prefix in accordance with these Terms and Conditions. |
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| 29. |
The Participants and their family, dependants, heirs, assignees or any other beneficiaries of their estate, hereby indemnify and hold Prefix against any claim (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 a Participant may suffer, howsoever arising, in relation to his/her entry into this Competition and/or acceptance and/or use by a Participant of the Prize, save for damage or harm caused by the gross negligence of Prefix. |
| 30. |
Prefix reserves the right to vary, postpone, suspend, or cancel the Competition and the Prize, or any aspect thereof, without notice at any time, for any reason which they deem necessary. In the event of such variation, postponement, suspension or cancellation, the Participants agree to waive any rights, interests and expectations that they may have in terms of this Competition and acknowledge that they will have no recourse against Prefix. |
| 31. |
The Participants agree that their participation in the Competition and their acceptance and/or use of the Prize, or any aspect thereof, is at their own risk. |
| 32. |
If a Participant fails to comply with any of these Terms and Conditions, then without prejudice to any other remedy which Prefix may have: |
| 32.1 |
The Participant will be automatically disqualified and will forfeit the Prize (in the event that the Participant had won the Prize); |
| 32.2 |
The Participant will be held liable for any loss or damage incurred by Prefix directly or indirectly as a result of the Participant’s non compliance, including all legal costs incurred in this regard; and |
| 32.3 |
The Participant hereby indemnifies and holds Prefix 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 the Participant’s failure to comply with these Terms and Conditions |
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| 33. |
These terms and conditions will be construed, interpreted and enforced in accordance with the laws of the Republic of South Africa. |
| 34. |
Prefix shall appoint the Judges in its sole discretion and the Judges’ decision on any matter concerning the Competition and/or arising out of these Terms and Conditions is final and binding on the Participants and no correspondence will be entered into in this regard. |
| 35. |
Nothing in these Terms and Conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or Prefix in terms of the Consumer Protection Act, 68 of 2008. |
| 36. |
The Participant acknowledges that by submitting his/her entry to the Competition he/she has been given an appropriate opportunity to first read and consider these Terms and Conditions before entering the Competition and that he/she understands and agrees to these Terms and Conditions. |
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