TERMS AND CONDITIONS
1 DEFINITIONS AND INTERPRETATION
1.1 "Applicable Law" means any statute, codes, regulation, policy, by-law, directive, notice or subordinate legislation, the common law, any binding court order or judgment, any applicable industry code, policy or standard enforceable by law and/or any applicable direction, policy or order that is given by a regulator;
1.2 “Candidate(s)” means the learners from Grade 10 to Grade 11 who will participate in the Competition from the Schools.
1.3 “Competition” means the Solve for Tomorrow School Competition;
1.4 "Confidential Information" means, business, business policies, business plans, pricing models and other business and commercial information, know-how, trade secrets, specifications, drawings, sketches, models, samples, data, diagrams and flow charts, potential customers, customer lists, sales and sales figures, technical information, including use of technology, systems, hardware, software (and the incidence of any faults therein) and related material and documentation and/or past, present and future research and development;
1.5 "DBE" means the Department of Basic Education, a department within the Government of the Republic of South Africa.
1.6 "Event of Default" means any one or more of the events or circumstances described as such in clause [16];
1.7 "Focus schools" as defined by DBE means the Focus schools in all nine provinces in the Republic of South Africa that are public schools and meant to be innovative centres of teaching and learning excellence that endow learners with specialised skills and competitiveness.
1.8 "Public Ordinary Schools" as defined by DBE means Quintiles 1, 2 and 3 no-fee paying schools.
1.9 “Grand Prize” means the prizes to be won by either the Focus school or ordinary public school as more fully set out in Clause [5];
1.10 "Intellectual Property Rights" means any and all rights in the nature of intellectual property rights anywhere in the world (whether registered or unregistered) owned, licensed, possessed or controlled by a Party, directly or indirectly, including, without limitation, patents, trademarks, service marks, design rights, copyright (including all copyright in any designs and computer software), source codes, moral rights, databases, trade or business names, whether capable of registration or not, but including any right to register same;
1.11 "Losses" means all losses, liabilities, costs, expenses, fines, penalties, damages, claims and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
1.12 "Material Adverse Change" means a change in the circumstances existing, as at the submission date of the Focus school or ordinary public school application, which in the reasonable opinion of Samsung will have a material adverse effect on:
1.12.1.1 the business, assets, operations, property or financial condition of the Schools ; or
1.12.1.2 the ability of the School to perform its obligations under these terms and conditions; or
1.12.1.3 the validity or enforceability of these terms and conditions or the rights or remedies of Samsung thereunder;
1.13 “Parties” means both the Schools and Samsung, “Party” means either one of them as the context requires;
1.14 "Personnel" means any director, employee, agent, consultant, contractor, subcontractor or other representative of a Party involved in the performance of each Party’s obligations in terms of this these terms and conditions;
1.15 “Personal Information” means personal information as defined in the Protection of Personal Information Act, Act 4 of 2013 (“POPI”);
1.16 “Principal” means the head of the Schools or the person acting in such capacity for the Schools ;
1.17 “Special Personal Information” means personal information as referred to in Section 26 of POPI;
1.18 “School and Schools” means both the Focus Schools and Public Ordinary Schools, as defined by DBE, as the context requires.
1.19 “Samsung” means Samsung Electronics South Africa Pty (Ltd), with registration number 1994/003872/07, with its principal place of business at 2929 Winnie Mandela Drive, Bryanston,2021;
1.20 “Team” means a group made up of between 1 (one) to 5 (Five) learners in either Grade 10, Grade 11 or a combination of both from the Schools who will represent their School by entering the Competition;
1.21 “Winner(s)” means the Team selected with the best idea from the Schools.
1.22 The words "include", "includes", and "including" means "include without limitation", "includes without limitation", and "including without limitation". The use of the word "including" followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it.
1.23 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of these terms and conditions, shall not apply.
1.24 When any number of days is prescribed, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
1.25 Unless otherwise stated, any reference to clause headings and sub-headings are for convenience only and shall not affect the interpretation of these terms and conditions.
2 INVITATION TO APPLICANTS
2.1 Samsung shall invite, through certain broadcast and social media platforms, proposed applications for Schools to take part in the Competition. The aim of the invitation is to obtain applications from possible Teams, to participate in the Competition, and to evaluate these applications in order to select the Winner.
2.2 The Competition will be run in four phases as per the below:
2.2.1 Phase 1 will consist of the Teams submitting an idea to Samsung for a solution which uses science, technology, engineering and mathematics (“S.T.E.M”) to address social issues in their community. Phase 1 will commence on 25 January 2024. The closing date for the submission of applications is 23 February 2024. The idea submitted by each Team must be the idea that will be used throughout the phases of the Competition. Samsung reserves the right to disqualify Teams with ideas that are modified to the extent that they may constitute a new or different idea than that submitted in phase 1.
2.2.2 Phase 2 will commence on 20 March 2024 with the announcement of the top 20 Schools with the best ideas, the Schools will be invited to design thinking workshops that will take place between April and May. The Schools will be competing with each other by providing/designing a paper prototype of their solution, which is expected to be submitted on the 26th of June 2024. At the end of phase 2, the top 20 Schools will go through an elimination round based on the paper prototype evaluation where the top 10 Schools will be selected to proceed to the next phase 3.
2.2.3 Phase 3 will commence on 23 July 2024 with the announcement of the top 10 Schools. The top 10 will be tasked with designing a physical prototype of the STEM solution. The top 10 Schools will be funded for the prototype material. Phase 3 will commence on 23 July 2024 and end on the 30th of September 2024.
2.2.4 Phase 4 the top 10 teams will arrive in Johannesburg for the final phase of the competition.
The top 10 will arrive on the 7th of October 2024.
Final prototype presentations will take place on the 8th of October 2024.
The 2024 Solve for tomorrow winner announcement event will be hosted on the 9th of October 2024.
2.3 The Teams are hereby invited to submit their applications in accordance with these terms and conditions.
3 QUALIFICATION CRITERIA
3.1 In order to enter into the Competition, the Team must comply with the following entry criteria:
3.1.1 The Candidates of each Team must be South African citizens;
3.1.2 The Candidates of each Team will be required to provide a copy of their birth certificate with the application.
3.1.3 Prior written consent must be obtained from the Candidate’s parent and/or legal guardian for permission for that Candidate to enter into the Competition;
3.1.4 The Candidate must be enrolled as a learner at either one of the Schools at the date of the commencement of the Competition
3.1.5 The Candidates may comprise of a team of up to a maximum of 5 learners from Grade 10 to Grade 11.
3.1.6 The Schools entering the Candidates for the Competition may only enter one team of up to 5 learners comprising of learners from both Grade 10 and Grade 11.
Non-compliant applications with the qualification criteria may be disqualified without further evaluation.
4 ENTRY INTO THE COMPETITION
4.1 General Terms and Conditions the Competition: In order to participate in the Competition, the Teams and the Schools must comply with the following;
4.1.1 The School entering the Competition is to only submit one idea. Multiple ideas being submitted will not be accepted by Samsung.
4.1.2 Errors and omissions may be accepted at Samsung’s discretion. Failure by Samsung to enforce any of its rights at any stage does not constitute a waiver of those rights.
4.1.3 Should a Candidate, during the Competition no longer be enrolled or part of the School, their idea may still qualify as an entry by the School.
4.1.4 Samsung accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified, subject to clause 4.1.5 below.
4.1.5 Errors and omissions may be accepted at Samsung’s discretion. Failure by Samsung to enforce any of its rights at any stage does not constitute a waiver of those rights.
4.1.6 It is the Candidate and the School’s responsibility to ensure that any information which you provide to Samsung is accurate, complete and up to date.
4.1.7 All further communication regarding the Competition will be communicated on the website https://www.samsung.com/za/solvefortomorrow/. and the Schools are advised to constantly check the websites for updates and communication.
4.1.8 Should a Candidate that forms part of a Team that has proceeded to either Phase, 2 3 or 4, no longer be part of the Schools, the School may not replace the Candidate with another and the Team must proceed without the Candidate.
4.2 Entry requirements for Phase 1:
4.2.1 Entry into phase 1 of the Competition, the Team from the School must submit a written idea to Samsung for a solution which uses technology to address a social issue in their community. The submitted idea must be no more than 200 words in length.
4.2.2 The written idea by the Team may be supplemented by drawings or photographs (maximum of 50mb) to demonstrate the idea. The Team must take note that the supplementary elements will not be what the Competition is primarily judged on. The submission of the idea will close at 17:00 on 23 February 2024. All submissions received later than 23 February 2024 will not be considered.
4.2.3 The Team will be evaluated on the basis of the information submitted by the closing date as well as additional information as may have been requested by Samsung. The Team will be disqualified for the furnishing of misleading or incorrect information; which Samsung may rely upon in the selection of a Winner.
4.2.4 The Teams of the top 20 Schools will be selected to proceed to phase 2 of the Competition.
4.3 Entry requirements for Phase 2:
4.3.1 The top 20 Schools selected with the best ideas will compete with each other for a position in phase 3.
4.3.2 The top 20 teams will go through a design thinking workshop which is a mandatory attendance for all participants.
4.3.3 The top 20 is expected to create a paper prototype and present it to the adjudicators. The nature of presentation will be as determined and guided by Samsung.
4.3.4 Teams should attend mandatory mentorship sessions.
4.3.5 Elimination round will take place and top 10 Schools with the best paper prototype and presentation will proceed to the third round.
4.4 Entry requirements for Phase 3:
4.4.1 The top 10 Schools are expected to design and develop a physical prototype.
4.4.2 Teams will be given a nominal fund to buy any materials required to develop their presented idea. Monies in the fund must only be used to develop the presented idea and any money which remains must be returned to Samsung.
4.5 Entry requirements for Phase 4:
4.5.1 Top 10 Teams are expected to attend the final phase of SFT in Gauteng.
4.5.2 The top 10 Teams are expected to present the physical prototype to a panel of judges.
4.5.3 The top 10 Teams are expected to attend the winner announcement ceremony.
4.5.4 Only the top 3 winning Schools will be selected from Phase 4 to win one of the prizes. .
5 GRAND PRIZE
5.1 The Winner/s of Phase 4 of the Competition will receive the below:
5.1.1 1st place will win R100 000 worth of Science Technology Engineering and Mathematics prizes for the School;
5.1.2 2nd place will win R50 000 worth of Science Technology Engineering and Mathematics prizes for the School; and
5.1.3 3rd place will win R30 000 worth of Science Technology Engineering and Mathematics prizes for the School;
5.1.4 Samsung shall not be held liable should the Science, Technology, Engineering and Mathematics prizes not be fit for purposes.
5.1.5 The Prize values as per the above 5.1.1 – 5.1.3 is not transferable. No substitution, cash redemption, or assignment of the Prize is permitted. The Winner must use the full prize value for the Science, Technology, Engineering and Mathematics equipment. The Winner will select the STEM equipment to the value of the Prize won.
5.1.6 Samsung reserves the right to change the prize should they deem necessary, to a prize of similar economic value.
5.1.7 The Prize may differ from that shown on the promotional material with regard to colour and specs.
5.1.8 The Prize shall be subject to stock availability and in the event of no stock being available the Organizer in its sole discretion shall determine a suitable replacement in accordance with the Terms and Conditions.
5.1.9 Any and all tax implications and liabilities as a result of winning the Prize will be solely borne by the winner.
6 EVALUATION CRITERIA
6.1 Samsung will, if required, utilise the following criteria (not necessarily in this order) in shortlisting teams for phase 1 - through a desktop evaluation by panel of judges represented by Samsung and DBE where each judge will score the idea presented by the Team with the supervisions of an independent auditor or a registered accountant, or an attorney or an advocate. The top 20 Teams from phase 1 with the best idea will proceed to phase 2.
6.2 Samsung will, if required utilise the following criteria in selecting the teams of phase 2 of the Competition the top 10 Teams will be given a nominal fund to buy any materials required to develop their presented idea. Monies in the fund must only be used to develop the presented idea and any money which remains must be returned to Samsung. The Teams will present to the panel of judges and through a desktop evaluation with the supervision of an independent auditor or a registered accountant, or an attorney or an advocate. Three (3) Teams will be selected as winners ranging from first prize to third prize where first prize will be the Team that obtained the most points and third prize being the Team that obtained the least points.
7 positive UNDERTAKINGS
7.1 The Schools shall, from and after the date of submissions of applications, forthwith, upon becoming aware of the occurrence thereof, notify Samsung of:
7.1.1 any Event of Default; and
7.1.2 the happening of any event, which may reasonably be anticipated as, resulting in a Material Adverse Change.
8 DISCLAIMERS
8.1 Samsung is not committed to any course of action as a result of its receipt of an application in response to the request to participate in the Competition, and Samsung reserves the right to:
8.1.1 modify the application requirements and request Candidates from the Selected Schools s to re-apply on any changes;
8.1.2 reject any application which is non-compliant with the qualification requirements and which does not conform to the instructions and specifications set forth in the request to participate in the Competition;
8.1.3 reject any application which is incomplete, late applications and/or conditional applications;
8.1.4 disqualify applications submitted after the closing date and time;
8.1.5 reject any and/or all applications, in its discretion;
8.1.6 make no selection at all.
8.2 In addition, Samsung reserves the right to exclude any Candidate from the School who has been convicted of contravening any Applicable Law.
9 NOTIFICATION OF AWARD
9.1. After completion of the evaluation and adjudication process, Samsung will provide a letter of award to the winners.
9.2. Notification of the award will be published on https://www.samsung.com/za/solvefortomorrow/
10 NOTIFICATION TOUNSUCCESSFUL TEAMS
10.1 Unsuccessful Teams for phase 1, 2, and 3 will be informed in writing. Samsung or its representative will not enter into any correspondence or discussions regarding the reasons for the Team not being shortlisted and/ or selected, except as may be required by law.
11 PARTICIPATION IN THE COMPETITION
11.1 Participation in the Competition by the Candidate and School does not make the Candidate or School a winner.
11.2 The School’s participation in the Competition will not constitute a partnership or joint venture with Samsung.
12 CONFLICTS OF INTEREST
12.1 Notwithstanding any other provision to the contrary in these terms and conditions, no Samsung employee or any person related to or associated (including spouse, child, cousin, friend) with a Samsung employee may (individually or through a corporate vehicle which includes a company, close corporate, trust, partnership) submit an application for consideration unless such interest has been declared.
12.2 All Schools entering the Competition are required to identify and to disclose as soon as possible any conflict of interest or potential conflict of interest to Samsung. The School should contact Samsung for clarity on whether a conflict of interest actually exists or not. The existence of a conflict of interest, or a failure by the School timeously to disclose any such conflict or part conflict of interest, may result in the Candidate of the School’s entry being disqualified.
13 LEGAL COMPLIANCE
13.1 All Candidates and Schools shall comply fully with any and all Applicable Laws.
14 COSTS
14.1 Samsung will in no way be responsible for any and all expenses incurred by the School and the Candidate in connection with the Competition to participate in the Competition, including without limitation flights and accommodation to collect the Grand Prize, drawings or diagrams in its application. Any and all such costs will be for the Candidate’s own account.
14.2 Samsung will be responsible for expenses incurred for attendance for the award ceremony for phase 4.
14.3 In the event of any travel organised by Samsung, each Candidate’s parent and or legal guardian will be expected to sign and complete a consent form before such travel is undertaken by the Candidate.
15 warranties
15.1 The School warrants to and in favour of Samsung that:
15.1.1 its application to participate in the Competition, Participation in the Competition and performance by it of its obligations in terms of these terms and conditions do not and will not conflict with:
15.1.1.1 any Applicable Law;
15.1.1.2 its constitutional documents; or
15.1.1.3 any agreement or instrument binding upon it or any of its assets;
15.1.2 it has full capacity and authority to enter into and to perform its obligations in terms of these terms and conditions and that these terms and conditions are executed by a duly authorised representative.
15.1.3 It has obtained the required consent in writing prior to the commencement date of the Competition from the Candidates parents and or legal guardians for such Candidate to enter into the Competition and that Samsung where necessary may use their images for the purpose of promoting the Competition. Should any such consent be revoked by the Candidate’s parent or legal guardian, the Schools shall immediately notify Samsung in writing.
15.1.4 By entering into the competition the Schools consent to that Samsung may use their names and images for purposes of promotion of the Competition.
16.1 Each of the following events shall constitute an Event of Default:
16.1.1 The School:
16.1.1.1 commits a breach of these terms and conditions and fails to remedy the breach (if capable of remedy) within 5 Business Days of receipt of written notice from Samsung requiring the Schools to remedy the breach;
16.1.1.2 loses any licenses, authorisations, consents and/or permits, which are required to operate it business;
16.1.1.3 effects or attempts to effect an arrangement, compromise or composition with its creditors generally;
16.1.1.4 is placed in liquidation or under business rescue proceedings, whether provisional, final, compulsory or voluntary;
16.1.1.5 commits an act of insolvency, as contemplated in the Insolvency Act 24 of 1936, as amended.
16.2 Each of the following events shall constitute an Event of Default:
16.2.1 The Candidate:
16.2.1.1 Commits a breach of these terms and conditions and fails to remedy the breach (if capable of remedy) within 5 Business Days of receipt of written notice from Samsung requiring the Candidate to remedy the breach.
16.2.1.2 Upon the occurrence of an Event of Default, Samsung shall be entitled, without prejudice to any other rights, which Samsung may have, by written notice to the School disqualify the School and the Team’s application with immediate effect.
17.1 Each Party ("Receiving Party") must treat and hold as confidential the Confidential Information, which it may receive from the other Party ("Disclosing Party") or which becomes known to the Receiving Party concerning the Disclosing Party and not disclose the Confidential Information to any third party other than those of its Personnel who are involved in the management of the relationship between the parties or to its professional advisors appointed to advise on any aspect relating to the application to participate in the Competition and participation in the Competition, and then only on a “need to know” basis.
17.2 Upon termination of the Competition the Receiving Party will deliver to the Disclosing Party, or at the Disclosing Party’s option, destroy all originals and copies of the Disclosing Party’s Confidential Information, (other than these terms and conditions) in the Receiving Party’s possession.
18.1 Each Party (including such Party’s holding company and subsidiaries) will retain all its rights in and to its Intellectual Property Rights.
18.2 No right to use a Party’s Intellectual Property Rights including but not limited to the Party’s name, logos, brands or trademarks, other than in terms of these terms and conditions, is agreed, granted or implied by these terms and conditions.
18.3 It is specifically recorded that all Intellectual Property Rights of any nature whatsoever whether capable of registration or not (and whether registered or not) in Samsung’s name, Samsung’s trademarks, Samsung’s products, logo, image and all other matters relating to Samsung shall remain the sole property of Samsung and that the Candidate and or School shall not acquire any rights in relation to such Intellectual Property.
18.4 The School and or Candidate shall not use Samsung’s Intellectual Property without Samsung’s clear and formal written consent.
19 RELATIONSHIP
19.1 The School ’s participation in the Competition shall not be construed as:
19.1.1 creating a partnership, co-ownership agreement and/or joint venture between the Parties, and neither Party shall have any authority to incur any liability on behalf of the other Party and/or to create or assume any obligations on behalf of the other Party;
19.1.2 making either Party an agent, employee or representative of the other party;
19.1.3 any assumption by Samsung of responsibility for compliance by the School l with any environmental, labour, health and safety, or other regulatory matter.
19.2 It is specifically recorded that a School may not under any circumstances represent itself to be acting for and on behalf of Samsung.
20 CORRUPTION AND BRIBERY
20.1 The School shall ensure that it and/ or its Personnel shall not directly or indirectly give, offer or promise to give or offer any money, gift, and/or illegal gratification, or exert or utilize unlawful influence on public and private person(s) to induce or reward an improper performance of a function and/or to obtain or retain business. In the case the School does not abide with any of the above mentioned obligations, then Samsung shall reserve its right to immediately disqualify the School without any prior notice, in addition to any other remedies available to it at law and/or in equity.
INDEMNITIES
20.2 The School indemnifies and holds harmless Samsung and its respective officers, directors, employees, agents, successors, and permitted assigns (the "Samsung Indemnitees"), from any and all Losses arising from or in connection with:
20.2.1 its participation in the Competition
20.2.2 its application to participate in the Competition
20.2.3 any reputational harm caused to Samsung;
20.2.4 any damage to Samsung property and/ or premises;
20.2.5 any claim, suit or proceeding brought by any third party against Samsung or any of the Samsung Indemnitees (including any claim for, or in respect of, injury, death or illness affecting such third party, or any loss or damage to property of such third party) resulting from or arising out of:
20.2.5.1 any negligent act or omission of the School or its Personnel; and/or
20.2.5.2 any breach by the School or its Personnel of the provisions of these terms and conditions.
20.3 Save for the provisions of clause, neither Party will be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of these terms and conditions, regardless of how it arises, whether for breach of these terms and conditions or in delict, and even if previously advised of the possibility of such damage.
20.4 Nothing in these terms and conditions will in any way limit or exclude the School’sliability:
20.5 for damages occasioned by fraud or the wilful misconduct or gross negligence of the School or its Personnel; and//or
20.6 to the extent that a Party is not permitted by Applicable Law to exclude or limit such Party's liability.
21 AMENDMENT AND WITHDRAWL
21.1 Samsung reserves the right to amend these terms and conditions at any time prior to finalisation of the Competition and shall not be liable to any School or any other person for Losses of whatsoever nature which they may have suffered as a result of such amendment. All applications/proposals are submitted at the entire risk of the School l and or Candidate. All representations, agreements or arrangements arising from the application submitted in terms hereof (including any negotiations that follow) shall not be binding on Samsung, its officers, employees or agents unless reduced to writing and signed by a duly authorised representative of Samsung.
21.2 Samsung reserves the right to postpone the closing date for submission of applications, to withdraw the request to participate in the Programme or to withdraw the Programme, at any time and without giving rise to any obligation to be responsible for any loss or financial damage which may be incurred or suffered by anySchool. .
22 BINDING ARBITRATION PROVISION
22.1 It is a condition of participation in this application process and the School Samsung agree that should any dispute or difference arise between any School; and Samsung:
22.1.1 Concerning the purport or effect of the application documents or of anything required to be done or performed there under.
22.1.2 Concerning any aspect of the application process to anything done or decided there under: or
22.1.3 Concerning the validity of the selection of the Teams progressing in all phases of any School or the failure to select a Team of any School that such dispute or difference shall be finally resolved by arbitration.
22.2 Such arbitration shall be by a single arbitrator who shall be selected by agreement between the parties, or failing such agreement nominated on the application of any party by the Arbitration Foundation of Southern Africa (AFSA).
22.3 The arbitrator shall have power to open up, review and revise any certificate, opinion, decision, requisition or notice relating to all matters in dispute submitted to him/her and to determine all such matters in the same manner as if no such certificate, opinion, decision, requisition or notice had been issued.
22.4 Upon every or any such reference, the costs of an incidental to the reference and award shall be in the discretion of the arbitrator, who may determine the amount of the costs, or direct them to be taxed as between attorney and client or as between party and party and shall direct by whom and to whom and in what manner they shall be borne and paid.
22.5 The award of the arbitrator shall be final and binding on the Parties and any Party shall be entitled to apply to the Courts to have such award made an order of court.
22.6 Save as set out in this clause, the arbitration shall be conducted in accordance with the rules of the Arbitration Foundation of Southern Africa.
22.7 The arbitration shall be held in Johannesburg in the English language.
22.8 However, nothing in this clause shall preclude any Party to the arbitration from seeking interlocutory relief in any court having jurisdiction pending the institution of a review or other appropriate proceedings for legal redress.
23 PERSONAL INFORMATION/ DATA PROTECTION
23.1 The School shall provide Samsung with the lawful and necessary consent allowing the Candidate to participate in the Competition and to Samsung and/or its agents for the processing of the Candidates and/ or its Personnel’s Personal Information, and/or Special Personal Information, for the specific purposes relating to the Candidate’s request to participate and/ or the Candidates participation in the Programme.
23.2 The School warrants that it will obtain the necessary consent from is Personnel consent of such Pe personal information of its Personnel, it will obtain the necessary consent of such personnel ts Personnel, to utilise and share the Personnel Information and/or Special Personal Information of its Personnel with Samsung, and the School indemnifies Samsung against any and all Losses as a result of its failure to comply with the provisions of this clause.
23.3 The School will make available to Samsung information required for the purpose of securing and further facilitating the Candidate's participation in the Programme, and to ensure that the information is regularly updated to ensure accuracy of records. The School further consents to the processing of such information derived from a source other than from the Candidate in so far as it relates to the Candidate's application to participate and its participation in the Programme. Any Personal Information shared by the School or Candidates will further be used for marketing the Competition on social media or any other media platform.
23.4 The School further consents to Samsung retaining the processed information for an unspecified period, which will afford Samsung a reasonable opportunity, to take all considerations relating to the use of the information, into account.
23.5 Should the School’s Candidate be unsuccessful in its application, the School consents to its Candidate’s details being kept on file by Samsung, unless the Candidate specifically and directly request Samsung to attend to de-identify/return same. In this instance the Candidate shall provide Samsung with detailed explanations sound in law for such de-identification/return of information.
23.6 The School confirms that it is aware of the nature, extent and consequences of providing consent to Samsung for the processing of its and/ or its Personnel’s and Candidates Personal Information and/ or Special Personal Information, as stipulated above, and without limiting the generality of the aforestated, the School absolves Samsung from any liability in terms of the Protection of Personal Information Act 4 of 2013 for failing, for whatsoever reason, to obtain the Candidate's consent, Parental consent or to notify the Candidate of specific reasons for the processing of such information.
23.7 Any queries relating to the processing of Personal Information can be addressed to the Samsung Information Officer (Mr Mark Grobler) via ao.privacy@samsung.com or the relevant competition co-ordinator who will notify the Samsung Privacy Team.
24 General
24.1 These terms and conditions constitutes the whole of the agreement between the Parties relating to the matters dealt with therein and save to the extent otherwise provided no undertaking, representation, term or condition relating to the subject matter of these terms and conditions not incorporated herein shall be binding on either of the Parties.
24.2 No waiver of any of the terms and conditions will be binding or effectual for any purpose unless in writing and signed by or on behalf of the Party giving the same. Any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege under these terms and conditions will constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
24.3 No indulgence granted by a Party nor the partial exercise by any Party of any power, right or privilege shall constitute a waiver or abandonment of any of that Party’s powers, rights or privileges under these terms and conditions and accordingly, that Party shall not be precluded, as a consequence of having granted that indulgence or partially exercised any power, right or privilege, from the exercise of that, or any other power, right or privilege, which may have arisen in the past or which may arise in the future.
24.4 The interpretation, construction and effect of this terms and conditions and the rights and obligations of the Parties hereto shall be governed by the laws of the Republic of South Africa.
24.5 The expiration or termination of these terms and conditions shall not affect such of the provisions of these terms and conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
24.6 These terms and conditions will inure for the benefit of and be binding upon the successors in title and permitted assigns of the Parties or any of them.
24.7 The Schools selects, as their respective domicilia citandi et executandi, the physical addresses set out in its application. Unless the contrary is proved, any notice to be given by a Party to the other Party shall be in writing and shall be deemed to have been duly received by the other Party on the date of delivery thereof. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address.
24.8 Neither these terms and conditions, nor any part, share or interest therein, or any rights or obligations hereunder, may be ceded, assigned, or otherwise transferred by a Party, without the prior written consent of the other Parties.
24.9 Each provision of these terms and conditions is severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the Parties will consult with one another in good faith in order to agree, if possible, an alternative provision in accordance with the intent and tenor of these terms and conditions. The remaining provisions of these terms and conditions shall nevertheless remain binding and continue with full force and effect.
24.10 The School acknowledge and accept that Samsung shall utilise a third party (the “Organizer’s authorized agent/s”) to contact the School, in the event that the School is a winner, and to arrange delivery of the Prize. In order to affect the contacting and delivery process, Samsung shall provide the Schools information to such third party.
24.11 Samsung reserves the right, at any time, to verify the validity of entries and participants and to disqualify any School that submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process.
24.12 Details of Candidates and Schools will not be used by the Organizer for Samsung related communication should the Candidates and Schools opt-out to receive further communication from Samsung.
24.13 Information regarding the Competition that is published on authorized advertising material will also form part of the terms and conditions of the Competition.
24.14 Samsung may in their sole discretion amend these terms and conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised terms and conditions on https://www.samsung.com/za/solvefortomorrow/ the onus rests on the School to constantly check the website for updates to the terms and conditions.
24.15 If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Samsung, including but not limited to technical difficulties, unauthorized intervention or fraud, Samsung reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Competition as appropriate, subject to the approval of relevant regulatory authorities (if required).
24.16 Save as permitted by Law, Samsung reserves the right to cancel, suspend or terminate this Competition, without notice at any time, and such cancellation, termination or termination shall be deemed to have taken effect from the date of publication on https://www.samsung.com/za/solvefortomorrow/ . No liability shall lie against Samsung in favour of any Candidate, School s, winner(s) and/ or third party arising from such cancellation, suspension or termination. Therefore, the School waives his/her right which they may have against Samsung and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against Samsung.
24.17 Samsung reserve the right to withhold the Prize until it is entirely satisfied that the claimant of the Prize is the bona fide winner, and reserves the right to call for such proof as it may deem necessary.
25 ACCEPTANCE OF THESE TERMS AND CONDITIONS
25.1 By accepting these terms and conditions, the School : :
25.1.1 agrees that it has read, understands and agrees to be bound by the content of all the documentation provided by Samsung in this request to participate in the Program;
25.1.2 accepts that Samsung’s decision is final and binding;
25.1.3 certifies that all forms of proposals as required in the application document are included in its submission;
25.1.4 certifies that all information provided in its application is true and correct;
25.1.5 is authorized to submit and sign the application, which application will be binding on closure of the application submission.
25.1.6 accepts that the application is binding on it.
25.1.7 accepts that in the event that it is successful it will sign a Participation Agreement and such other terms and conditions (as may be prescribed by Samsung) with Samsung.
