These terms and conditions (“General Terms”) are the overarching general terms and conditions that apply to all Tank Town Promotions events controlled by Tank Town Promotions (Pty) Ltd (“the Promoter”), (the “Competition” or “Event“, collectively, “Competitions” and “Events“, as applicable) and accessed using the relevant Promoter website per Competition (“Website”), where these should be read with, and to include, all of the other Promoter Rules or policies applicable from time to time, per Competition or generally.
The terms “user“, “you” and “your” are used interchangeably and refer to all persons who enters a Competition (“Entrant”). Accordingly, the terms “us”, “our” or “we” used refers to the Promoter or its possession.
In addition to these General Terms, each Competition will have its own rules which the Entrant needs to understand and agree to before and during their participation in any Promoter Competition (“Rules”).
We may change these General Terms, or our other applicable Rules, at any time. You should check our Website regularly for any changes which will apply from the date that they are uploaded. For further information in relation to any applicable Rules for any particular Competition, please contact us at [email protected] or https://www.topawards.co.za and the relevant subpage that deals with the particulars of the establishment category in question. It is solely your responsibility to ensure that you are aware of, have read and understood any changes as and when they become applicable; where we are under no obligation to ensure that you have done so.
By entering any Promoter Competition, you agree that you have read, understood and agree to be legally bound by these General Terms and any other applicable Promoter policy or Rules related to the Competitions, where any infringement thereof by a participant or Entrant constitutes a material breach entitling the Promoter to terminate a party’s participation in a Competition or Competitions.
Please pay specific attention to the BOLD paragraphs of these General Terms. These paragraphs or statements limit the risk or liability of the Promoter or a related third-party, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify the Promoter or is an acknowledgement of any fact by you.
Eligibility and Who may enter a Competition?
Awards and the Use of the Award earned
The judging of establishments
The legal force of other provisions in this agreement shall in no way be affected by the inability of one such provisions to be unenforceable. However, in such case the parties involved are obligated to reach a new arrangement to overcome this. The original purpose of the provision shall be maintained as far as is possible until an agreeable way forward is reached by both parties.
The Promoter will not publish nor reveal the names of establishments that are not awarded.
For confidentiality purposes, only a list of the top participants may be made public. There will be not be a list available of all the participants that took part in the Competition nor the score assigned to any establishment.
Limits of Liability
The Promoter will not be held liable for any damage incurred to stickers/decals once the stickers/decals have been accepted by the Award winner or by a third party, such as a transportation company.
The Top Awards shall neither by agreement, legislation nor tort suffer liability for losses, circuitous, unusual or resulting injury, damages or loss of any sort, with respect to Awards awarded, or any Entrant’s participation in any Competition.
On no account shall The Top Awards or Promoter be responsible for financial or other demands for compensation or damages related to establishments entered, a liability claims or a similar event caused by unsuitability of the establishment for any reason. The Top Travel Awards and/or the Promoter shall remain exempted from such demands made by any third party. However, participants shall be fully responsible for damages inflicted on The Top Awards or the Promoter on account of such demands. Damages may include those inflicted in terms of financial costs incurred by The Top Awards or the Promoter due to this event, as well as damage to its credibility. The costs include but are not restricted to those connected to offensive, and falsified utilisation of the Awards by the participant involved.
In the event of a communicable disease including a viral infection or pandemic and / or any resultant official warning or instructions to prevent the assembly of people at a given place or at a given time, or any restrictions following any recommendation or legislation by the World Health Organisation or government that public events may not be staged or can proceed, the promoters are not responsible for any consequential loss should its own event or events or exhibitions be affected, postponed or cancelled, and the promoter will not refund deposits and / or any other payments or deposits either paid, accrued, pending or which are due for payment, or contracted to be paid at a future date. Customers of the promoter who are partners, sponsors, advertisers and / or entrants, should ensure that their own insurance adequately covers them for such eventualities or circumstances, as the promoter will not be found liable for repayments or damages or any consequential loss in such prevailing circumstances.
In the event that requisite Competition judging cannot take place for any reason, or participants cannot be given results, no refunds will be made.
In the event of an unavoidable catastrophe such as fire outbreaks, war, an act of God, epidemic outbreak, civil unrest, obligations and bans by the government, or any other event beyond The Top Awards’s control (collectively referred to as ‘Force Majeure Event’), no party shall be held accountable if there is a failure to keep to the Rules and regulations of a Competition. In the event of such an occurrence, a prompt notice of incapacity must be provided by the affected party. The other party reserves the right to annul the contract without having to pay ensuing damages.In the event of any Entrant breaching these General Terms or any other of the Promoter’s applicable Rules or policies, the Entrant shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by the Promoter in relation to, and as a consequence of, the breach.
Governing Law and Disputes
The legislature governing the South African Law shall enact and enforce the Rules and regulations of any Competition as well as the Awards awarded.
Should any dispute, disagreement or claim arise between a user and the Promoter concerning any matter relating to a Competition, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, it shall be resolved with the assistance of any applicable regulator, or finally, in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.
The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
NON-EXCLUSIVE LICENSE AGREEMENT
This License Agreement (the “Agreement’) is made and effective this day ___The day and year that the award was awarded to the property in question__ (the “Effective Date”).
BETWEEN: TANK TOWN PROMOTIONS (PTY) LTD, TRADING AS TOP TRAVEL AWARDS, company registration number 2017/107849/07, company website https://www.topawards.co.za herein referred to as the “Licensor”), duly represented in this Agreement by J Nel, a Company organised and existing under the laws of South Africa, with its head office located at: 9 Forest street, Stellenbosch, 7600, South Africa
AND: The full name of the company and property in question that the award is awarded to (herein referred to as the “Licensee”), duly represented in this Agreement by the person who entered the property with Main Address located at the property that won the award, and the headquarters of the company that own this property.
WHEREAS, the Licensee has developed Awards and owns all Intellectual Property rights to the Awards including names and interest in and to the Licensor’s TTA Marks, trade dress, as shown in the attachment that wil be emailed with this agreement.
WHEREAS, the Licensee wishes to obtain the non-exclusive, revocable, non-transferable license to use TOP TRAVEL AWARDS (TTA) Marks in accordance with the policies, conditions, and terms provided in this Agreement.
WHEREAS, Licensor and Licensee now desire to enter into this Agreement to grant Licensee a worldwide, SEASONAL, non-exclusive, non-transferable license to use the TTA Marks as specified herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the Licensor and Licensee agree as follows:
For the purpose of this Agreement, the TTA Marks contemplated in this Agreement shall mean all Licensor’s intellectual rights, names, trade signs, trade dress, trade marks in and to Name and Marks that may be used worldwide in conjunction with year of event. The name of the property and associated award/s is the name that the property is known under, and the name the property is entered under on the website www.topawards.co.za
The TTA marks include, but are not limited to the Gold, Platinum , regional and area specific awards and the event Logo as well as variants thereof, irrespective of the year indicated on the artwork, particular colours used, particular design.
Licensor hereby grants to Licensee, in accordance with the terms and conditions of this Agreement, a non-exclusive, non-transferrable license to use the TTA Marks worldwide in the course of its business and for its own internal business purposes, and for no other purpose whatsoever without the express written permission of the Licensor. Licensee shall not sell or distribute the TTA Marks in any way. Licensee may copy the TTA Marks in accordance with the terms of this Agreement, for its own internal business purposes. Any other use made by Licensee shall only occur upon the receipt of prior written approval from Licensor.
Licensee shall not sell, grant sub-licenses or distribute the TTA Marks in any way without the prior express written approval of Licensor.
Licensee hereby accepts such license and agrees that Licensee shall not use the TTA Marks except in accordance with the terms and conditions of this Agreement. Licensee acknowledges and agrees that the license granted herein is non-exclusive and that Licensor may license others to use the TTA Marks.
The Licensee shall only pay an initial administration fee to be able to participate in this event, but will not pay for any subsequent award during the year that the administration fee was paid to become a participating nominee. Optional products may be purchased at the discretion of the Licensee.
The term of this Agreement (the “Term”) shall commence on the Effective Date first above written and continue unless earlier terminated in accordance with the terms and conditions hereof.
This Agreement may be terminated by the Licensor at any time in the event that Licensee shall:
Upon termination, all rights (but not obligations) of Licensee under this Agreement shall immediately cease. Licensee shall immediately: (i) discontinue all use and/or reproduction of the TTA Marks, any merchandise or material with the TTA Marks on it and any material that is confusingly similar thereto; (ii) delete or remove the TTA Marks from, or where such deletion or removal is not reasonably practicable, destroy or, if the Licensor shall so elect, deliver to the Licensor or its designee, all materials or documents in the possession or under the control of Licensee to which the TTA Marks are then affixed or approved, including, without limitation, Licensee’s web site, catalogues, advertisements, displays, printed and any other promotional materials.
If at any time an awarded establishment experiences a downturn in service quality, or a situation occurs as to change the quality of services and facilities to such an extent that the establishment is no longer to maintain a similar level of service, and/or facilities degrade so as not to uphold the standards set when the award or designation was awarded, the award is rescinded, and may not be advertised or shown in conjunction with the establishment that was awarded. The moment an entrant becomes aware of circumstances that will change the standards of the establishment negatively; TOP TRAVEL AWARDS must be notified by email within 48 hours
The foregoing is without prejudice to Licensor’s other rights, including its right to inform third parties and the public of the termination of the Agreement, as well as its right to claim compensation from Licensee for all damages, including loss of profits, indirect, special, incidental or consequential damage.
Licensee shall take all reasonable and necessary measures and actions to ensure that any use of the TTA Marks is used in a manner consistent with applicable law the Rules and Regulations of TOP TRAVEL AWARDS and in a manner, which will not cause harm or loss by the Licensor of any of its rights and/or goodwill in and to the TTA Marks. Additionally, Licensee shall:
The ways Licensor can monitor this include but are not limited to:
Licensee acknowledges and agrees that all right, title and interest in and to the TTA Marks shall at all times remain the exclusive property of the Licensor. Licensee further acknowledges and agrees that the rights to the TTA Marks granted to Licensee in this Agreement shall not be construed to grant to Licensee any ownership, rights or other benefits in the TTA Marks. In light of the foregoing, Licensee represents and warrants that:
The Licensor expressly reserves the sole right to add to, modify, change or discontinue any and all of the TTA Marks at any time. The added, modified or changed TTA Marks shall for all purposes be deemed to be the TTA Marks referred to in this Agreement and any such modifications or changes to the TTA Marks shall be the sole and absolute property of the Licensor. The Licensor shall have the sole right (but not the obligation) to seek registration of any of the TTA Marks now or in the future existing, and Licensee agrees to provide the Licensor with reasonably requested assistance in connection with any such registration (provided that the Licensor shall reimburse Licensee for any reasonable out-of-pocket costs of providing any such assistance).
LICENSEE HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD THE LICENSOR, THE LICENSOR’S AFFILIATED ENTITIES, SUCCESSORS, SUCCESSORS IN INTEREST AND ASSIGNS, AND EACH OF THE FOREGOING PARTIES’ RESPECTIVE OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUPPLIERS AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) AND DAMAGES OF ANY NATURE ARISING DIRECTLY OR INDIRECTLY FROM ANY ALLEGATION OR DETERMINATION THAT LICENSEE HAS BREACHED THIS AGREEMENT.
ON NO ACCOUNT SHALL TOP TRAVEL AWARDS OR TANK TOWN PROMOTIONS (PTY) LTD BE RESPONSIBLE FOR FINANCIAL OR OTHER DEMANDS FOR COMPENSATION OR DAMAGES RELATED TO ESTABLISHMENTS ENTERED, OR A LIABILITY CLAIM OR A SIMILAR EVENT CAUSED BY UNSUITABILITY OF THE ESTABLISHMENT FOR ANY REASON. TOP TRAVEL AWARDS OR TANK TOWN PROMOTIONS(PTY) LTD SHALL REMAIN EXEMPTED FROM SUCH DEMANDS MADE BY ANY THIRD PARTY. HOWEVER, PARTICIPANTS SHALL BE FULLY RESPONSIBLE FOR DAMAGES INFLICTED ON TOP TRAVEL AWARDS OR TANK TOWN PROMOTIONS(PTY) LTD ON ACCOUNT OF SUCH DEMANDS. DAMAGES MAY INCLUDE THOSE INFLICTED IN TERMS OF FINANCIAL COSTS INCURRED BY TOP TRAVEL AWARDS OR TANK TOWN PROMOTIONS(PTY) LTD DUE TO THIS EVENT, AS WELL AS DAMAGE TO ITS CREDIBILITY. THE COSTS INCLUDE BUT ARE NOT RESTRICTED TO THOSE CONNECTED TO OFFENSIVE, AND FALSIFIED UTILISATION OF THE AWARD ARTWORK BY THE PARTICIPANT INVOLVED.
No party shall be responsible or liable for any breach of this Agreement and/or Rules and Regulations arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear, epidemics, pandemics or natural catastrophes or acts of God, and interruptions. The affected Party shall notify the other Party in writing of the Force Majeure, provided that the other Party shall have the rights to terminate this Agreement after 30 days of the occurrence of a Force Majeure.
Every provision of this Agreement is intended to be severable. In the event that any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such illegality shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable; provided, however, that any such invalid or unenforceable provision shall be deemed automatically replaced with a valid and enforceable provision having legal effect as similar as possible.
This Agreement and its benefits, obligations and other provisions is applicable to, binding upon, and shall endure to the benefit of the parties and their respective affiliated entities, successors, successors in interest, assigns, any entity over which either party exerts control, and the present and former owners, officers, directors, shareholders, employees, representatives, contractors, suppliers and agents of the foregoing. The previous notwithstanding, Licensee may not assign or transfer any of Licensee’s rights or delegate any of Licensee’s obligations under this Agreement, in whole or in part, without the Licensor’s prior written approval. Any attempted assignment transfer or delegation, without such approval will be void and may, in the Licensor’s sole discretion, be grounds for terminating this Agreement.
Any modification of this Agreement must be agreed upon and signed in writing by both parties. Failure by either Party to enforce any right or to seek to remedy for any breach under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either Party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
This Agreement is drawn up in English.
This Agreement will be construed and enforced in accordance with the laws of South Africa.
Any dispute arising from or in connection with this Agreement, will be settled amicably. In case of a dispute for which no amicable solution is possible, such dispute shall be submitted to the exclusive jurisdiction of the Commercial Courts of South Africa.