Legal

Terms and Conditions

1.    INTRODUCTION

Association of Practitioners in Advertising (the “Company”) is the organizer, administrator and owner of The APA Awards (the “Awards”), which includes an annual award ceremony and related activities which promote and reward creative advertising excellence. The Company is also the owner and operator of the website located at www.apakenya.co.ke (the “Website”).

These terms and conditions are binding on all persons that access the Website (referred to as “Users” and/or “Entrants”, as defined below). By entering the Website, the person accessing the Website agrees to be bound by these terms and conditions. Further, all persons or entities entering the Awards (“Entrants”), agree to these terms and conditions. A person that enters the Awards on behalf of another person or entity hereby warrants their authority to do so. The Company reserves the right to request proof of such authority and to disqualify the Entrant if no proof is furnished. If a person does not agree to these terms and conditions, such person may not enter, view or make use of the Website or enter the Awards.

The Company may from time to time amend these terms and conditions without notice to a User or Entrant. The User or Entrant’s continued use of this Website or participation in the Awards shall constitute their agreement to the amended terms and conditions.  

2.    The APA Awards

Rules of the Awards: All entries for the Awards (“Entries”) are subject to the rules of the Awards, as contained in these terms and conditions, any other applicable rules or terms and conditions on the Website and any amendment or update to any of the aforesaid. In the event of any contradiction between these terms and conditions and any other rules, terms or conditions on the Website, these terms and conditions will take precedence.

During the judging process, the decisions of the judges of the Awards shall be final in regard to all matters or disputes relating to judging of entries and the awarding of awards. The decisions of the Board of Directors of The APA Awards shall be final regarding all matters or disputes that arise after the judging process has been concluded as well as all other matters that do not form part of the judging process, such as whether an Entrant is eligible to enter the Awards, which category an Entry should fall in and whether an Entrant has complied with all entry terms and conditions.

Entry into the Awards:

  • Anyone involved in the creation, publishing or production of work (including directly from the brand, agency or production company) may enter work in the Awards.
  • More provisions about the works that qualify for entry, the submission guidelines, and the applicable categories can be found under “How to Enter” on the website.
  • The Entrant is responsible for obtaining any and all releases and consents necessary to permit the use and exhibition of the Entry and entered work for all purposes relating to the Awards, the activities of the Company and as set out in these terms and conditions. The Company reserves the right to at any time request proof of such permissions. An Entry may be disqualified if such proof cannot be made available to the Company. 
  • All Entries must be approved by the relevant client for whom they were produced and all necessary permissions must be obtained. In particular, the client for whom the work was created must consent to entry of the relevant work into the Awards and for it to be used in accordance with these terms and conditions. An Entry may not be entered if the work is subject to any agreements with third parties and/or other licenses and the necessary consents have not been obtained. 
  • The Company has the right to request written proof of the initial publication/air/launch date, as well as written proof of all required permissions. On request by the Company, the Entrant must provide the Company with proof of such consent and the contact details of the relevant client’s representative. The Entrant grants the Company permission to verify whether the permissions mentioned above have been obtained.
  • An Entrant must provide the Company with an entry confirmation form, in the form prescribed by the Company, signed by the Entrant’s Chief Executive Officer, Executive Creative Director or such other authorised representative as may be approved by the Company.
  • An Entry may also not be entered if the Company will be required to make any payment to any person or entity, including, without limitation, any collecting societies or holders of performer’s rights, moral rights or any intellectual property rights.


An entrant may not enter any work or Entry into the Awards if it:

  • infringes or violates the rights of any third party, including, without limitation, copyright, trade marks, patents, trade secrets, contractual licensing rights, privacy rights, moral rights or any other intellectual property rights;
  • violates any applicable local, provincial, national or international law or incorporates any content that would encourage or promote the violation of any law;
  • promotes or incites intimidation or harassment of any individuals or groups of individuals or discriminates against any individuals or groups of individuals;
  • contains pornographic or graphic sexual content, hateful content of any kind (such as sexism or racism) or promotes or incites violence or harm to any person or animal; or
  • is offensive, obscene or inappropriate.


Ineligibility: Any Entry that has infringed any of its country of origin's laws or voluntary or regulatory codes (including codes of advertising or practice) is not eligible. In the case of South African entries, any advertisements withdrawn or ruled against by the Advertising Standards Authority in terms of their Code of Advertising Practice or other relevant code are not eligible for entry. It is the responsibility of the entrant to notify the Company if the Entry has been ruled against or withdrawn, and to withdraw such work from the Awards. If the Company has awarded an award in respect of an Entry which is or becomes ineligible, the Company may withdraw such award. The Entrant shall ensure that all clearances in respect of the Entry has been obtained and shall provide proof thereof to the Company upon the Company’s request.

Disqualification and sanctions: The Company reserves the right to reject or disqualify an Entry as well as all other Entries of an Entrant if an Entry does not fully comply with the above provisions or any other provision of these terms and conditions or any other terms and conditions, criteria, guidelines or requirements relating to Entries, as amended from time to time (collectively the “Collective Rules”). If one or more awards have been awarded to an Entrant and the Company determines that the Entrant did not comply with the one or more of the Collective Rules, the Company shall be entitled to withdraw all awards awarded to the Entrant, whether or not the Entrant’s other Entries comply with the Collective Rules. In such an event, the Company may also impose additional sanctions on that Entrant, including, without limitation, the issue of a press statement, a prohibition on representatives of the Entrant serving as judges of the Awards, a prohibition on the Entrant entering the Awards for any period specified by the Company, and such other sanctions as may be determined by the Company in its discretion. The Company shall in its sole and absolute discretion be entitled to determine whether any Entry does not comply with one or more of the Collective Rules.

An Entrant may not tamper with this Website, interfere or tamper with or manipulate the judging or awards process or interfere with the independence of the judges in any manner. The Company reserves the right to disqualify any Entrant or Entry if the Company determines, in its sole and absolute discretion, that the Entrant has interfered or tampered with the entry, judging or awards process or has interfered with the independence of the judges.

Licence: By submitting an Entry into the Awards, the Entrant grants Company an irrevocable, perpetual, royalty free, non-exclusive , sub-licensable, unconditional and transferable licence throughout the world to publish , reproduce, copy, transmit, broadcast, publicly perform, display, exhibit and/or otherwise use or reuse the Entry and the Entrant’s name, image, likeness, background and biographical material in any and all media, including, without limitation, any publication, advertisement, marketing or promotional material, print, digital or electronic media, the internet, any broadcast channel on the internet, audio and audio visual media and television or radio station in any manner for purposes of promoting Company and the Awards, by any means by the Company. The Entrant also grants permission to the Company to show, copy or play the Entry at such times as the Company deems appropriate. The Company shall be entitled to make available for educational and reference purposes, including electronic publishing, any Entries. If any television or radio station agrees to telecast a news or other program related to Awards or the Company, the Entrant agrees to obtain any permissions and to bear and pay for all talent or any other applicable charges incurred by inclusion of the Entry in the program, if required. The Entrant waives and shall procure the waiver of all moral rights vesting in or relating to the Entry. The Entrant waives and indemnifies the Company from any and all claims that may arise based on moral rights or unfair competition relating to the Company’s use of the Entry.

Publicity: The Entrant grants the Company the right to use and announce the Entrant’s name, voice, likeness, image and biographical data and any information relating to the Entry for promotional purposes relating to the Company or the Awards in perpetuity, in any media and in any part of the world.

Warranties: By submitting an Entry the Entrant warrants that it is entitled to grant the licence referred to above and that it has obtained all necessary permissions, usage rights and waivers of moral rights from all third parties who contributed to or commissioned the Entry or were otherwise involved in the entry or the production thereof, including without limitation the advertiser whose goods or services the Entry promotes, producers, directors, photographers, illustrators and performers, together with the owners of any trade or service marks or any other intellectual property, whether registered or not, which are included in or form part of the Entry. The Entrant also warrants that the credits and information in the Entry are true and correct and that publication and use of those credits and information will not infringe any moral or other rights of the Entrant or any third party.

Indemnity and Liability: The Entrant hereby indemnifies and holds harmless the Company, its sponsors and all entities and persons associated with the Awards against any liability, claims, damages, costs (including legal fees and court costs expenses or penalties arising from or relating to any breach or alleged breach of the abovementioned representations and warranties by the Entrant or use of the Entry by the Company. The Entrant agrees that Company shall not be liable for any loss, damage, injury, cost or expense arising from acts or omissions of Entrant, including but not limited to the payment of any money owed to interested third parties, and the Entrant hereby indemnifies the Company against all such losses, damage, injuries, costs and expenses.

The Company, the sponsors of the Awards and all entities and persons related to the Awards and their employees, officers, contractors, consultants and associates shall not be liable for and the Entrant hereby indemnifies and holds them harmless against any claim, liability, injury, cost (including legal fees), expense or penalty suffered or incurred by any person as a result of entering and participating in the Awards or accepting or using any prize.

The Company and all persons and entities associated with the Awards shall not be responsible to the Entrant for incorrect or inaccurate entry of information, human error, technical malfunction or if any Entry is submitted or received late, damaged, stolen, lost, incorrect, directed, undelivered, delayed or incomplete or does not reach the Company.

Judging: The outcome of the Awards depend on the skill shown in Entries. There is no element of luck or chance involved in the awarding of awards. Not all entries will receive awards, and there may be no award given in some categories. The Company reserves the right not to award any award if the Company or the judges deem Entries to be of an insufficient standard. The full judging procedure and rules can be found under “The Awards – Judging” on the website.

Property of Entries: All documents, storage media and other material that accompany or forms part of an Entry or are submitted with it will become the sole property of the Company. The Company will not return any items entered or submitted to the Company and will not be responsible for any loss or destruction of or damage thereto of whatever nature.  The Company shall be entitled to dispose off, destroy, store or exhibit all documents, storage media and other material forming part of or accompanying an Entry.

Right to Withdraw and Change Entries: The APA Awards reserves the right, in its sole discretion, to reject any Entry, or move any Entry to an alternative category.
No Refunds on Entries: Under no circumstances will refunds of any fees or costs relating to Entries or entry into the Awards be issued to Entrants. The fees paid for Entries are intended to cover the costs of administration, processing and judging the Entries and Awards.

Tickets to any events (including but not limited to The APA Awards Summit): No refunds will be given to ticket holders for any event. The Company may choose, at its sole discretion, to resell tickets on the behalf of the ticket holder and in this instance to refund the ticket holder, less an administration fee.

The APA Awards Summit: The Company may make changes to The APA Awards Summit without prior notice, including changes to times, adding or removing scheduled events. The ticket holder grants the Company and its agents an irrevocable, royalty free, non-exclusive license throughout the world to publish and use any imagery of the ticket holder acquired or taken during The APA Awards Summit, in any publication, advertisement, marketing or promotional material (including television or radio station news or other programs related to the Company or the Awards), for the sole purpose of promoting the Company or the Awards, by any means the Company chooses, including without limitation print, electronic media and broadcast. The APA Awards reserves the right to make available for promotional, educational or reference purposes, including electronic publishing, any imagery of the ticket holder.

Use of Trade Marks: All Entrants and Users agree not to use any of the trade marks, trade names and marks of whatever nature owned or used by the Company from time to time in relation to The APA Awards or anything similar thereto (the “Marks”) without the Company’s prior written consent. Without limiting the generality of the aforesaid, no Entrant or User may, without the Company’s prior written consent, use or refer to the trade mark “The APA Awards” or “The APA Awards” or anything similar thereto in relation to any event or party hosted or organized by the User or Entrant or include any of the Marks in the name of any such event or party. The User undertakes to ensure that all of its clients, associated companies, employees, consultants, contractors and agents comply with the aforesaid provisions.


3.    ONLINE TRANSACTIONS

Refunds on purchases from the online store: Goods lost or damaged during shipment will be replaced at no additional charge. The damaged goods must first be returned to the Company before they will be replaced.

Accuracy of purchaser information: No goods, including certificates or statues will be shipped unless the purchaser has provided the required information, including delivery address details. It is up to the purchaser of goods to ensure that the information provided to the Company is correct. The Company will not be responsible for goods that are lost or undelivered due to incorrect details provided by the purchaser.

Payment options accepted: Payment may be made via Visa or Master Card credit cards or by bank transfer into Company’s bank account, the details of which are provided at the payment interface.
 

Credit card acquiring and security: Credit card transactions will be acquired for The APA Awards by iVeri who are the approved payment gateway for Nedbank. iVeriuse SSL3 and no credit card details are stored on the website. Users may go to www.iveri.com to view their security certificate, security policy and further information. Customer details will be stored by the Company separately from card details which are entered by the client on iVeri's secure site.  The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction Currency is ZAR (South African Rand).

Pricing: The price of any product will be the price quoted on the Website in respect of any particular product.  All prices shall only apply during the validity period stated on the Website and shall only be valid once the order has been processed and confirmed by the Company.

Availability: The Company’s stock of products is limited. Products and prices are subject to availability and are only valid while stocks last.

Product description: The products described or graphically represented on the Website may differ in colour, shape, form, design and appearance from the final product delivered, although the Company will endeavor to ensure that product descriptions are fair representations.

Delivery: Although the Company will endeavor to ensure that delivery takes place within a specified time period (if specified), the size and quantity of an order as well as the distance between the Company and the delivery address provided, amongst other circumstances, may require a longer period for delivery.  Despite delivery, the Company will retain ownership of products until the purchaser has paid for them in full.

4.    GENERAL

Ownership of website and intellectual property: The Website is owned by the Company and the User acknowledges that the Company or its licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the Website, including, without limitation, copyright, trade marks, patents, inventions, goodwill and trade secrets.

Website Use: The User may not, without the Company’s written prior consent, use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the intellectual property or the website’s contents.
The user shall not infect the website with viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties nor shall the user damage, interfere with or intercept any data or information contained on the website.
Access to this Website is made available for information purposes only. No content, information, statement or opinion on this website should be construed as any kind of advice.
The Company reserves the right to make any changes to the Website and its content and/or services offered through the website at any time and without notice.
The Website may contain links to other websites. The Company has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
The User may not link to this Website without the Company’s prior written consent.

No warranties or liabilities: The Company makes no warranties, whether express or implied, in regard to the Website, its contents, accuracy or availability. Without limiting the aforesaid, the Company does not warrant that the Website or any files that may be downloaded from it are free of viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties. The User assumes all responsibility and risk for the use of the Website. The Company shall not be liable for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not the Company has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.The User hereby indemnifies the Company and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third party in relation to any act or omission by the User in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.

Country of domicile: This website is governed by the laws of South Africa and the Entrant, User and the Company submit to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg. The Company chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Design District, 3rd Floor, Cnr Keyes & Tyrwhitt Avenue, Rosebank 2196, South Africa.

Variation: The APA Awards may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Disclaimer: The APA Awards intends for the information and data contained in this Website to be accurate and reliable, however, since the information and data have been compiled by the Company from a variety of sources, it is provided "as is." The Company expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by the Website, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non -infringement.

5.    COPYRIGHT

Copyright subsists in all works, material, information, images and media contained in or on this website. All rights are reserved. No person may reproduce, distribute or modify this website or any works, material, information, images or media contained in or on this website in whole or in part in any form or by any means without the prior written permission of The APA Awards Company NPC. Unauthorised reproduction of anything contained in or on this website will constitute copyright infringement and will make the infringer liable under both civil and criminal law

6.    PRIVACY POLICY

Association of Practitioners in Advertising takes reasonable steps to protect the personal information of users. “Personal information” means information which identifies an individual.

To save you time and make our entry process even easier to use, some areas of the website require you to register your personal information. Here's how it works: Simply fill out a brief profile - your agency name, address, phone number, and the person overseeing the entry process email and phone number; then choose a password. The system saves your information. Next time you enter work into The APA Awards, you can simply enter your user name and password - the system will automatically look up the information it needs. This reduces the need for you to continually input your details.

The APA Awards may use your personal or other information to send you information that may be of interest to you, and from time to time will mail or email information to you about us, our products and services, or our partners and their products or services. If you do not wish to continue receiving this information you may contact us and we will remove you from our mailing list.

These Terms and Conditions were updated on 8  October 2015