1. As part of MTV Breaks, MTV Networks Europe (“MTVNE”) is offering the following opportunity in connection with the television series MTV Shuga season 7 (“Shuga 7”) (the “Initiative”):
  2. the experience of producing graphics for a comic book for Shuga 7; (the “Comic Book Experience”)

 

  1. The Initiative is subject to and governed by these terms and conditions (the “Terms”). By making a submission in accordance with term 3 and, if relevant, 4 below, each entrant agrees that they have read and understood these Terms and shall be bound by them.  

 

  1. Stage 1

 

Entrants put themselves forward to be considered for the Comic Book Experience as follows:

  1. entrants should post an original illustrated graphic of an MTV Shuga Down South character on their Instagram account, with the hashtag #MTVShugaComic

 

The closing time for entries in respect of Stage 1 is 17:00 on Thursday 29 April 2019 all times stated are South African time).

 

  1. Stage 2

 

The judging panel shall shortlist around 10 to 20 entrants in relation to the Comic Book Experience. Such shortlisted entrants will be notified by MTVNE by a direct message to his or her Instagram account or via email on Friday 3May 2019 and will be asked to provide (appropriate documents evidencing) their name, age, address (including postcode), telephone contact number, e-mail address and confirm their country of residence. In addition, the entrants must complete Stage 2 of the Comic Book Experience:

 

  1. Comic Book Experience – talk the judging panel through the illustrated graphic they posted at Stage 1, explaining what it says about their passion to be an illustrator / comic, the shortlist entrants will also be given a brief for an illustrated graphic and the image will be judged by the judging panel;

 

The closing time for entries in respect of Stage 2 is 17:00 on Wednesday 10 May 2019 (all times stated are South African time).

 

  1. “Entry Content” shall mean any and all content submitted by the entrants of the Initiative. In respect of Entry Content posted on Instagram, this should be a new post (rather than adding the relevant hashtag to an existing post).

 

  1. This Initiative is open to residents of South Africa only.

 

  1. To be eligible to participate in the Initiative, entrants must fulfil each of the following criteria:

 

  1. be between eighteen (18) and twenty six (26) years of age at the time of entry;
  2. be resident in South Africa;
  3. have obtained parental consent where relevant;
  4. have access to video calling in order to participate in the weekly debriefing sessions;
  5. be able to upload work done to the designated shared drive as per deadlines stipulated by the Creative Director and Chief Illustrator;
  6. entrants to the Comic Book Experience must hold a personal Instagram account;
  7. be available from Monday 13 May 2019 to Monday 30 September 2019 to participate in the Comic Book Experience of illustrating the MTV Shuga Comic Book from start to finish in South Africa;
  8. be able to attend the briefing session/s in Johannesburg which will be held between Monday 13 May 2019 and Wednesday 28 June 2019;
  9. not be or have previously been employed or otherwise work or previously have worked in a professional capacity as an illustrator or comic or art director; and
  10. not be an employee or immediate relative of an employee of MTVNE, the Staying Alive Foundation Inc, Viacom International Inc. and/or their respective parents, subsidiaries or affiliated companies or any other person professionally connected with this Initiative.

 

As all personnel involved in the Comic Book Experience will primarily be speaking English, MTVNE recommends that entrants have a reasonable understanding of English and are comfortable conversing in English.

 

  1. All Comic Book Experience entrants must adhere to all rules and terms of Instagram available at www.instagram.com,

 

  1. A panel of judges (which shall include no less than one independent member) shall review eligible entries received prior to the closing time and select one successful entrant for the Comic Book Experience (the “MTV Breaker”). The MTV Breaker will be the entrant who, in the judging panel’s opinion, submitted the most original and creative Entry Content at Stage 1 and (where relevant) Stage 2, and who the judging panel considers to be most suitable for the Comic Book Experience in all the circumstances. The successful entrant will be notified of such on or around Monday 13 may 2019.

 

  1. The Initiative is free to enter. However, internet costs in submitting Entry Content may vary so entrants should check with their service provider for current charges and seek the permission of the person paying the bill before entering.

 

  1. One (1) entry per person. Multiple entries for the Comic Book Experience by the same entrant (including where such entrant uses multiple social media accounts) may not be considered and the entrant may be disqualified.

 

  1. MTVNE reserves the right to contact any and/or all entrants by a direct message on Instagram throughout the term of the Initiative in relation to these Terms and the Comic Book Experience and entrants are advised to regularly check for messages.

 

  1. As part of the Comic Book Experience, the MTV Breaker will receive:

 

  1. mentoring support in relation to their Comic Book Experience;
  2. economy travel  to the Shuga 7 comic book briefing;
  3. two nights’ accommodation at a two star or more hotel in or around Gauteng on a room only basis on dates on or around Monday 24 May 2019, dates to be confirmed by MTVNE in advance; and
  4. transfers from the accommodation to the location of the Experience.
  5. five thousand rand towards tuition fees.
  6. this five thousand rand will be deposited into the designated school’s bank account.
  7. commission to co-produce the MTV Shuga Down South Comic Book.

 

The value of the Comic Book Experience is subject to change based on current market conditions at time of fulfillment of the Comic Book Experience, the time of travel and the distance between departure and destination.  No other substitution, transfer or cash equivalent is permitted.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

  1. The MTV Breaker is solely responsible for (at the MTV Breaker’s cost and expense):

 

  1. Participating in telephonic and / or video conferencing on a weekly basis or when required to do so as a member of the creative team;
  2. obtaining all relevant permissions, consents and releases from any individuals who may be identifiable in or from any Entry Content;
  3. any and all applicable taxes;
  4. ensuring he or she is fully able to travel to the location of the Comic Book Experience and participate in the Comic Book Experience on dates between Monday 13 May 2019 and 27 September 2019, as notified by MTVNE in advance;
  5. obtaining any relevant documentation, permissions and/or consents (including, without limitation, valid passports, visas and/or other travel permits);
  6. obtaining suitable travel insurance;
  7. arranging and paying for all travel arrangements to and from the relevant departure location airport; and
  8. any other costs and expenses other than those expressly identified in term 13 (including, without limitation, spending money).

 

  1. EACH ENTRANT MUST BE AVAILABLE TO TRAVEL WITHIN SOUTH AFRICA ON OR AROUND JUNE AND SEPTEMBER 2019. DEFINITIVE DATES TO BE CONFIRMED BY MTVNE IN ADVANCE AND ARE SUBJECT TO CHANGE TO REFLECT SHUGA 7 COMIC BOOK PRODUCTION SCHEDULE.

 

  1. If the MTV Breaker fails to contact MTVNE as requested or fails to provide the information referred to in Term 4 within 3 working days MTVNE reserves the right to disqualify them and immediately select an alternative MTV Breaker who will be selected applying the same criteria as used to select the original MTV Breaker.

 

  1. MTVNE reserves the right to disqualify the MTV Breaker and select an alternative MTV Breaker in the event that MTVNE cannot timeously contact the MTV Breaker or has reasonable grounds for believing that the MTV Breaker has contravened any of these Terms.  

 

  1. Instagram shall have no responsibilities in respect of the Initiative.  The Initiative is in no way sponsored, endorsed or administered by, or associated with, Instagram.  Entrants hereby release Instagram from all liability arising out of or in connection with the Initiative.

 

  1. MTVNE reserves the right to terminate the Initiative (or any part thereof) and cancel the Comic Book Experience in the event that, in MTVNE’s opinion, there are insufficient entries for MTVNE to be able to select an MTV Breaker for the Comic Book Experience or, in MTVNE’s opinion, improper conduct by an entrant (or any number of them) has rendered the Initiative unfair to all entrants. MTVNE’s decision is final with respect to any aspect of the Initiative, including the determination of the MTV Breaker.  No correspondence will be entered into.

 

  1. The MTV Breaker acknowledges and agrees that all materials (including, but not limited to, photographs, images, stills, films, recordings, text, reports, data, designs, documents, graphics, artwork, scripts and moodboards) created by them as part of or in connection with the Comic Book Experience and all other physical materials created by them in connection with such materials (together, “Experience Material”) and all rights subsisting therein shall be solely owned by MTVNE.  The MTV Breaker hereby irrevocably and unconditionally assigns to MTVNE with full title guarantee (including by way of present assignment of present and future rights) all right and title in and to the Experience Materials throughout the world. The MTV Breaker shall not use, sell, licence, publish or otherwise exploit any Experience Material (including, without limitation, by posting any Experience Material on social media platforms) without the prior written consent of MTVNE.

 

  1. Each Entrant, regardless of winning the competition or not, acknowledges and agrees that all materials (including, but not limited to, photographs, images, stills, films, recordings, text, reports, data, designs, documents, graphics, artwork, scripts and moodboards) created by them as part of or in connection with the Comic Book Experience and all other physical materials created by them in connection with such materials (together, “Experience Material”) and all rights subsisting therein shall be solely owned by MTVNE.  The MTV Breaker hereby irrevocably and unconditionally assigns to MTVNE with full title guarantee (including by way of present assignment of present and future rights) all right and title in and to the Experience Materials throughout the world. The MTV Breaker shall not use, sell, licence, publish or otherwise exploit any Experience Material (including, without limitation, by posting any Experience Material on social media platforms) without the prior written consent of MTVNE.

 

  1. The MTV Breaker hereby grants MTVNE the exclusive right to film, tape, sound record and photograph them at, and in connection with, the Initiative and the Comic Book Experience (and/or any related publicity event or promotional activity) and MTVNE shall own all right and title in and to all such films, tapes, recordings and photographs. In connection therewith, MTVNE shall have the right to use and authorise others to use the MTV Breaker’s name, likeness and any biographical facts which may have been provided by the MTV Breaker to MTVNE worldwide in any and all media (whether now known or hereafter invented).

 

  1. Entrants acknowledge and agree that they may be required to participate in publicity without further consent or payment if they are selected for the Comic Book Experience.  

 

  1. Insofar as possible under applicable law, each entrant hereby irrevocably and unconditionally waives in favour of MTVNE, MTVNE’s affiliates and their licensees, assigns and successors in title, all moral rights and any rights of a similar nature in any (a) Experience Material and (b) any materials created in connection with activities referred to in terms 21 and 22 above to which such entrant is, or may at any time in the future be, entitled.

 

  1. Each entrant hereby confirms and shall ensure that the Entry Content:

 

  1. is not defamatory;
  2. is not sexually explicit or suggestive, contains nudity or any dangerous activity or is profane, pornographic or violent;
  3. is not, expressly or impliedly, derogatory of any ethnic, racial, gender, religious, professional or age group or endorses any form of hate or hate group;
  4. does not promote any particular political agenda or message;
  5. does not contain any symbols, clothing or other messages associated with any gang;
  6. does not contain any music which has not been composed in its entirety by the entrant and is in all other respects the original work of the entrant;
  7. does not contain any third party logos or brand names;
  8. has not been copied from and does not infringe or breach the rights (including, but not limited to, any intellectual property rights including any copyright or design rights) of any third party;
  9. does not reveal any personal information including, but not limited to, personal names, email addresses, street addresses or license plate numbers;
  10. does not show any identifiable individual unless such individual has expressly consented to featuring in such Entry Content (and for such Entry Content to be used in connection with MTV Breaks);
  11. does not contain any website links;
  12. is not otherwise offensive or illegal in any way or depicts or simulates any activity that is offensive or illegal.

 

  1. Each entrant hereby confirms and promises that it shall immediately at MTVNE’s request remove such Entry Content as MTVNE directs and/or any link thereto from Instagram and any other platform or website on which the Entry Content has been available by or on behalf of the entrant in connection with the Initiative.

 

  1. Prior to being awarded the Comic Book Experience, MTVNE may require the MTV Breaker (along with a parent or legal guardian where required by law) to sign any documents relating to any Entry Content, the Comic Book Experience, Experience Materials and/or acknowledgment of acceptance of all the Terms and the MTV Breaker acknowledges and agrees that participation in the Experience is conditional upon such signature.

 

  1. Decisions as to whether Entry Content breaches or infringes these Terms in any way shall be made at the sole discretion of MTVNE.  Entry Content that does not comply in all material respects with the Terms may not be considered.

 

  1. MTVNE can accept no responsibility for entries lost, delayed, misdirected or undelivered. Incomplete entries will not be considered. MTVNE shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing submission of an entry.

 

  1. The Comic Book Experience is as stated and non-transferable.  No cash alternatives will be offered. If due to circumstances beyond MTVNE’s reasonable control MTVNE is unable to provide Comic Book Experience, MTVNE reserves the right to cancel the competition altogether.  

 

  1. All entrants acknowledge and agree that participating in the Comic Book Experience is not intended to create any relationship of employment between MTVNE and any entrant and the entrant is under no obligation to complete the Comic Book Experience.

 

  1. MTVNE shall not be liable for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the Initiative and/or the Comic Book Experience other than death or personal injury caused by negligence of MTVNE and/or their personnel and/or deceit or fraud by MTVNE and/or their personnel.

 

  1. MTVNE shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the MTV Breaker under these Terms if such delay or failure is caused by circumstances beyond MTVNE’s reasonable control including without limitation delays (to postal services or otherwise), changes, disruptions, cancellations, diversions or substitutions howsoever caused including, without limitation, as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, legal or regulatory changes, accidents, fire, flood or natural catastrophes or arising, without limitation, out of or in connection with (i) the activities or third party event organisers or third parties providing any element of the Comic Book Experience; (ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (iii) by third parties providing accommodation included in the Comic Book Experience. For the avoidance of doubt, the affected entrant shall be solely liable for any additional costs incurred as a result.

 

  1. Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.

 

  1. The name of the MTV Breaker for the Comic Book Experience can be obtained by sending a stamped, self-addressed envelope to: FAO MTV Breaks Shuga 5, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT, for one (1) month after the closing date.

 

  1. Any personal information, including without limitation, the entrant’s name, age, address, telephone number, email address and/or nationality will be used solely in connection with the Initiative and for any purpose for which the entrant specifically opts in and will not be disclosed to any third party who is not part of the Viacom group of companies except for: (a) purposes connected to fulfilling the Experience where applicable. Any personal information held by MTVNE in respect of the Initiative will be held on record for a reasonable period to fulfil the purpose for which such personal information was collected such personal information may be stored in countries outside of the European Union (including, without limitation, the USA). Any personal information provided to MTVNE by an entrant will be dealt with in accordance with MTVNE’s privacy policy accessible at http://www.mtv.co.uk/legal/privacy-policy. If an entrant gives MTVNE permission to pass on their personal information to a third party then this shall no longer be the responsibility of MTVNE and shall be subject to the privacy policy of that third party.

 

  1. Only entries from individuals are accepted. Any entries that MTVNE believes have: (a) been made via participation in a syndicate; or (b) via any form of machine assisted intervention enabling computer generated multiple entries, will be disqualified. MTVNE reserves the right to discount multiple entries for the Initiative from the same IP address.
  1. No purchase of goods and/or services whatsoever is needed by entrants in order to participate in the initiative.

 

  1. These Terms may be amended or varied at any time by MTVNE on notice.

 

  1. No waiver of any rights by MTVNE or any entrant will be taken as a waiver of any other rights it may have. For example, if MTVNE waives its right to complain about a particular breach of these Terms by an entrant, it does not prevent MTVNE from complaining about other breaches.

 

  1. Nothing in these Terms shall restrict MTVNE from doing anything necessary to ensure that MTVNE complies with its legal or regulatory obligations and MTVNE may cancel or amend the Initiative (in whole or any part thereof) if to not do so would put MTVNE in breach of applicable law or, in MTVNE’s reasonable opinion, impair the reputation of MTVNE or any of its affiliated companies.

 

  1. These Terms shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

 

  1. Any queries regarding the Initiative should be addressed to:

FAO MTV Breaks Shuga 5, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT.