TERMS & CONDITIONS FOR APPLYING FOR THE NEXT BRAND       AMBASSADOR

1. Introduction

1.1 The Next Brand Ambassador (“TNBA/Programme”) is a 13 (thirteen) episode weekly reality competition television series that will be broadcast on SABC 3 every Thursday between 19h30 and 20h30 from 15 August to 7 November 2019.

1.2 TNBA will include a competition (“Competition”) where selected Contenders will compete in various challenges during the period between 22 July 2019 and 7 November 2019 (“Competition Period”), that will be televised as part and parcel of TNBA;

1.3 The Grand Prize for the Competition will include, inter alia, opportunities for the 3 (three) winners to assist within the marketing teams at Capitec Bank Holdings Limited, or any of its subsidiaries (“Capitec”) in the cities of Cape Town, Durban and Johannesburg (one winner per city), subject to the Winners and Capitec entering into a separate contractual relationship.

1.4 TNBA and the Competition will be produced and conducted by Cardova Trading (Pty) Ltd (“Producers”).

1.5 By submitting your application for TNBA, you accept and agree that the terms and conditions as set our herein are binding on you. A copy of these terms and conditions will be available on www.thenextbrandambassador.com .

 

2. Competition overview

2.1 The Producers will select contenders at their sole and unfettered discretion from the applications received and will invite selected contenders to participate in the Competition.

2.2 The first and second rounds of the Competition will be conducted in 3 (three) groups as follows: –

2.2.1 In Johannesburg between 22 July 2019 and 28 July 2019;

2.2.2 In Durban between 29 July 2019 and 4 August 2019; and

2.2.3 In Cape Town between 5 August 2019 and 11 August 2019.
(The above dates are subject to change at the discretion of the Producers.)

2.3 The remainder of the Competition will be conducted as 1 (one) group of finalists between 17 August 2019 and 7 November 2019, mainly in Cape Town unless otherwise determined by the Producers.

2.4 The Producers will, at its discretion, provide for S&T’s, accommodation and flights for Contenders to participate in the Competition for relevant dates where required.

2.5 Contenders will be eliminated throughout the Competition Period.

2.6 Winners will be announced during the broadcast of the final episode of TNBA on 7 November 2019 (unless otherwise determined by the Producers and/or Capitec).

2.7 This terms and conditions will be construed, interpreted and enforced in accordance with the laws of the Republic of South Africa.

 

3. Applications and Contender Selection Mechanic

3.1.In order to be considered as a Contender for the Competition, you must: –

3.1.1 be a permanent legal resident of the Republic of South Africa (“South Africa”);

3.1.2 be 18 (eighteen) years of age or older;

3.1.3 have a matric certificate or higher qualification;

3.1.4 ensure that you can be available fulltime during the Competition Period to participate in the Competition if selected as a Contender.

3.1.5 Not be a director, member, partner, employee, agent or consultant of The Producers/Capitec/SABC/Sponsors

3.1.6 submit your CV (in MS Word format) and a profile video, of no longer than 1 (one) minute in duration, of yourself via WhatsApp to +27 (0) 62 740 7775 (“Application”). Your profile video must include a short overview of who you are, where you are from, any unique skills/abilities or hobbies and why you believe you should be considered as a Contender for the Competition.

3.2 Your Application should be submitted by no later than: –

3.2.1 23h59 on Monday, 15 July 2019, should you wish to be considered for first round participation in Johannesburg; and by

3.2.2 23h59 on Monday, 22 July 2019, should you wish to be considered for first round participation in Durban and/or Cape Town.

3.3 Contenders will be selected at sole and unfettered discretion of the Producers and Capitec, or their appointed representatives.

3.4 The Producers will determine in its sole and unfettered discretion to which groups (i.e. Johannesburg, Durban or Cape Town) selected Contenders will be invited for the first and/or second rounds of the Competition.

3.5 The Application process does not form part of the Competition. You are not automatically entered into the Competition by submitting your Application.

 

4. By submitting your Application, you acknowledge/agree/submit that: –

4.1 If selected as a Contender herein, you will be available to participate in the Competition, without restriction, for the full duration of the Competition Period (or such shorter period if eliminated by the Producers in terms of the Competition), with the understanding that if you are selected as one of the top 12 you will be required to temporarily relocate to Cape Town for the period from 17 August 2019 to 17 October 2019, or such earlier date that you may be eliminated in terms of the Competition. The aforementioned dates are subject to change at the discretion of the Producers.

4.2 You are 18 (eighteen) years of age or older.

4.3 You have completed your secondary education and you will produce a valid matric certificate if requested to do so.

4.4 You are a permanent legal resident of South Africa and you will produce your valid South African ID, or other valid ID with the necessary visas/permits that allows you to live and work without restrictions in South Africa, if and when requested to do so.

4.5 All the information included on your Application is true.

4.6 You are not, and shall not at any stage during the Competition be, a member, director or employee of Capitec, Cell C, the Producers, the SABC or any of their agents with respect to TNBA.

4.7 You have no contractual or other legal obligations that may conflict with your Application or participation in TNBA, the Competition, or that may affect your right to enter into an agreement of service with Capitec immediately on conclusion of the Competition (should you be determined as a winner herein).

4.8 You acknowledge and agree that the Contenders, the Contenders who will be eliminated throughout the Competition and the winners of the Competition, will be determined in the sole and unfettered discretion of the Producer and Capitec, and/or their appointed representatives (e.g. the Judges). You irrevocably accept that the Producer’s, Capitec’s and/or the Judges’ decisions regarding the aforesaid will be final and you will not challenge same.

4.9 If selected as Contender, you shall not engage in any activities that violate any law, offend against public morals, the reputation reflect negatively on the Programme/Capitec/Producers/SABC/other Sponsors, or embarrass the Producers/Capitec/SABC/Sponsors of the Competition in any way during your participation in the Competition.

4.10 The Producers/Capitec/SABC/Sponsors shall not be held liable and you hereby indemnify and hold harmless the Producers/Capitec/SABC/Sponsors and their employees, directors, agents and representatives against any damage or loss of whatsoever nature arising from your Application or participation in the Competition. This shall include, but not be limited to, damage arising as a result of travel, illness, injury, accident, death, loss of income, loss of profit, loss or theft of property whilst participating in the Competition.

4.11 You agree that the Producers and/or Capitec may use your personal information submitted on your Application to conduct such background checks that may be deemed necessary in their discretion to confirm that you are a suitable candidate to participate in the Competition.

4.12 You acknowledge that the Competition will be televised as part and parcel of the Programme and/or as otherwise distributed by the Producers. You hereby irrevocably assign to the Producer the entire copyright and all other rights of whatsoever nature in and to your participation in and your contribution to the Programme, whether now in existence or arising in the future, including without limitation, the video material submitted on your Application, your performance, any comments ascribed to you (whether as part of an interview and/or behind the scenes footage), during challenges, during your participation in the Competition or the Programme and any inclusion of your photographs, likeness, profile, name, voice, sound effect, caricature, literary, artistic and musical materials and the like for purposes of the Programme and/or any related publicity, research and marketing, which the Producers accept. The Producers shall therefore be entitled to use, edit, juxtapose, broadcast, re-broadcast, publish or communicate to the public your appearance/performance/participation and exploit and license others to use and exploit such contributions, in the whole or in part, by all means and by all media, manner and formats whether now known or hereafter invented throughout the world and in perpetuity without remuneration or royalties in connection with the Programmes or on its own.

4.13 You hereby waive all your moral rights which you may have in your performance in TNBA as defined under the Copyright Act 1978, as amended.

4.14 Should the Producer decide, in their own discretion, not to proceed with TNBA, for any reason whatsoever, the Producer may in its sole discretion elect to terminate this Application without any liability to you.

4.15 If you are selected as a Contender you will be required to sign a written participation agreement, which will, inter alia, incorporate the relevant terms and conditions contained herein. Should you fail to sign the aforementioned agreement within 24 (twenty-four) hours of it being provided to you, you will forfeit your opportunity to participate in the Competition and shall have no claim against the Producers/Capitec/SABC/Sponsors or any of their agents herein.

4.16 If you are selected as one of the top 12 contenders to participate from round 3 of the Competition, you will be required to be in Cape Town (provisionally for the period between 17 August 2019 and 17 October 2019, or such earlier date that you may be eliminated in terms of the Competition) in order to participate further. Where required (e.g. for Contenders who do not reside in Cape Town), the Producers will arrange for accommodation in Cape Town for the period you may be required, which may require you to share a room (with another contender from the same gender), which you hereby agree to. Producers shall provide an S&T for days you are required for the Competition.

4.17 If you are selected as a winner of the Competition, you will be requested to enter into a formal written contract of service with Capitec, which would require you to be based in either Cape Town, Durban or Johannesburg, and hereby agree to do so. You acknowledge and agree that you will be disqualified from the Competition and will forfeit all prizes, compensation or other rights that may have been inferred in terms of the Competition, if you refuse to enter into the said agreement subsequent to your announcement as a winner of the Competition. The Producers may at its discretion select a different winner in case a winner is disqualified as determined herein.

4.18 You will maintain a Twitter, Facebook and Instagram account and that you will utilise these social media accounts as reasonably required by the Producers for the Competition and you acknowledge that your use of social media accounts may be a criterion for determining the winners of the Competition. 

 

5. Reasons for disqualification

5.1 You may be disqualified, without compensation, as a Contender or as the winner of the Competition, should you: –

5.1.1 at any stage, supply untruthful, inaccurate or misleading personal details and/or information;

5.1.2 be in breach of any of the terms and conditions contained herein;

5.1.3 unreasonably refuse to participate in events or challenges that form part of this Competition and which will be announced by the Producers throughout the Competition;

5.1.4 be found, in the sole and unfettered discretion of the Producer, to be unfit during or prior to the Competition. Without derogating from the generality of the aforegoing, you may be considered unfit if you engage, or have engaged, in any activities that violate any law, offend against public morals, reflect negatively on the Programme/Capitec/Producers/SABC/other Sponsors, or embarrass the Producers/Capitec/SABC/other Sponsors in any way; or

5.1.5 refuse, or fail, to sign a contract of service with Capitec if you are chosen as a winner herein and/or if you refuse to relocate to the city (Cape Town, Durban or Johannesburg) as determined by Capitec to perform the service.

 

6. Confidentiality and what you should do if the media approaches you

6.1 You shall not disclose to any third party, without the prior written consent of the Producer, any information relating to the Programme/Competition, including, but not limited to, the application/selection process, your appearance in the Programme, behind the scenes happenings, any other Contenders, eliminations, the identity of finalists or winners, nor any other information which may come to your knowledge relating to the Producer/Capitec/SABC/Sponsors/suppliers or their agents, or otherwise in connection with to the Programme, save for information which is already public knowledge through no fault of your own. Should you be approached or contacted by the press, you must immediately refer them to the Producer. You acknowledge and agree that failure to adhere to this provision may, without limiting any other rights the Producers may have in law, lead to your immediate disqualification and you shall not have any claim of whatsoever nature against the Producer as a result of such disqualification.

 

7. Indemnity

7.1 You hereby indemnify the Producers/Capitec/SABC/Sponsors, their subsidiary and affiliated companies, their officers, agents, directors and employees against any costs or damages (including consequential damages and pure economic loss) that may be incurred by the Producers/Capitec/SABC/Sponsors as a result of claims or charges made against the Producers/Capitec/SABC/Sponsors (whether at the instance of the third party or yourself) for infringement of any right, whether the claim or action arises from delict or contract, or any infringement of whatsoever nature, arising out of or pursuant to the exercise by the Producers/Capitec/SABC/Sponsors or yourself of its/your rights or the fulfilment or breach by yourself of your obligations in terms of the Competition and such indemnity shall extend to the reasonable costs that may be incurred by the Producers/Capitec/SABC/Sponsors in defending any action instituted against it.

7.2 Except for any liability that cannot be excluded by law, the Producers/Capitec/SABC/Sponsors, their subsidiary and affiliated companies, their officers, agents, directors and employees excludes all liability including negligence for any loss or damage whether direct, indirect special or consequential, any costs or damages arising in any way out of this competition.

 

8. Personal Information

8.1 By entering this Competition, you specifically consent to the Producers/Sponsors sending you information about competitions, promotions, products, offerings, events or similar information and you consent to the Producers and/or sponsors of the Programme processing your personal information provided herein for this purpose from time to time.

 

9. You warrant that:-

9.1 You understand and accept the terms and conditions contained herein and agree to be bound to these terms and conditions.

9.2 you have the legal capacity to enter this Competition.