Moving Ideas Competition Terms and Conditions

  1. Moving Ideas Programme is powered by Transnet in partnership with the SABS Design Institute.
  2. Entrants warrant that they are individuals from previously disadvantaged backgrounds falling within the designated groups and / or juristic entities with a level 1 to 3 BBBEE rating.
  3. Individual entrants warrant that they are citizens of South Africa and juristic entities warrant that they are registered and incorporated in South Africa.
  4. Entrants warrant that they are not employees and / or immediate families of Transnet, the SABS Design Institute and / or the SABS, advertising and promotion agencies associated with the Moving Ideas programme, affiliated companies and staff.
  5. Individual entrants warrant that they are at least 18 years old at the time of entering this competition.
  6. These terms and conditions and rules may be amended by notification at any time during the remainder of the competition. In the event of any dispute regarding the Rules, the conduct or results of the Competition, or any other matter relating to a Competition, the decision of SABS Design Institute shall be final and unchallengeable and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by SABS.
  7. By agreeing to proceed  with this  competition the entrants accept all the terms and conditions, guidelines, rules and instructions contained herein and pertaining to the competition and agree to abide by same.
  8. Transnet and SABS Design Institute will not be held responsible for the loss of any competition documentation during the competition and the entrant indemnifies Transnet and SABS Design Institute accordingly.  Only complete submissions with applicable attachments will be allowed.  It is the sole responsibility of the entrant to ensure that all documentation has been submitted and is present and the entrant hereby warrants that all the information provided to the SABS Design Institute and contained in the entry is true and correct.
  9. The governing law to apply in respect of the competition and this Agreement is that of the Republic of South Africa and it is the sole responsibility of the entrant to ensure that they comply with all relevant legislative requirements
  10. Transnet and SABS Design Institute reserve the right, in their sole discretion, to refuse  any products in the programme that are not eligible or do not comply with applicable entry criteria, or that might compromise the reputational integrity of Transnet, SABS Design Institute, or this competition.
  11. The entrant warrants that all ideas and concepts are the original work of the entrant, and that the entrant is under no agreement or restriction that prohibits or restricts his or her ability to disclose or submit such ideas or concepts in the competition.  The entrant warrants that the rights or any equipment, materials or reports used in connection with the rights of the entrant is his / her/ its continuation into the competition, shall not infringe upon or violate the Intellectual Property rights or other proprietary rights of any third party.
  12. If required, the entrant must obtain prior consent from the owner of any intellectual property rights relating to the product (the patent holder, the registered design owner and the like) before entering it into the competition.  If the product is the subject of registered intellectual property rights, a copy of the first page of all registration certificates must be submitted to the SABS Design Institute along with proof of authority to utilise such intellectual property from the owner thereof.
  13. Transnet, SABS Design Institute, the SABS and the panel of judges will not get involved in disputes regarding intellectual property ownership and / or any other claims between the entrant and any third parties, and the entrant indemnifies the SABS Design Institute, the SABS and Transnet from any third party claims against them.
  14. The entrants hereby indemnify Transnet and the SABS Design Institute against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever and in any way connected to their participation in, or association with, the competition. The entrant further indemnifies Transnet and SABS Design Institute against, and undertakes that entrant shall pay, all costs, damages, expenses and attorney fees on an attorney and own client scale finally awarded against Transnet and  SABS Design Institute in any action which is attributable to any such claim, and the entrant shall reimburse Transnet and SABS Design Institute on demand with all such costs, expenses, damages and attorney fees incurred by Transnet and SABS Design Institute in connection with any such action.
  15. The entrant hereby warrants that it has the full capacity, legal standing and authority and all necessary licenses, permits and consents to enter the competition. Transnet, SABS Design Institute and the SABS are under no obligation to ensure that any such license, permit or consent has been obtained and shall in no way be held responsible therefore or for the lack thereof and the entrant indemnifies Transnet, SABS Design Institute and the SABS accordingly.
  16. The entrant hereby also warrants and undertakes that entering of the competition, and/or performance of his/her/its obligations in terms of, this competition will not:
    1. Result in a breach of, or constitute a default under the instrument, agreement, or    arrangement to which the entrant is a party or by which the entrant is bound;
    2. Result in a breach of any award, order or judgement of any court or government agency;
    3. Result in a breach of any provision of its Memorandum or Articles of     Association/Memorandum of Incorporation in the event that the entrant is a    juristic person;
  17. In the event that product samples are provided for adjudication the product samples must be in full commercial packaging and complete with accompanying documentation such as user manuals and warranties.
  18. Transnet, the SABS Design Institute and the SABS, will not be held accountable for, and in no way guarantee, product performance or design originality. The mandate of the competition’s panel of judges is to technically evaluate the specific products as examples of good design as independent third parties.
  19. The entrant undertakes that they will maintain a high standard of work in the remainder of the competition, and that all submissions of documents requested / required by Transnet and / or SABS Design Institute and / or the SABS in the competition shall be submitted in the time period allocated. Non-compliance by the entrant in this regard shall amount to immediate disqualification from the competition and the entrant shall become be liable for all wasted costs which have been incurred.
  20. The entrant undertakes that once chosen for the competition they shall proceed with the competition to completion. The entrant undertakes further that he / she shall become liable for all wasted costs incurred by Transnet and / or the SABS Design Institute and / or the SABS in the entrant’s non-completion of the competition, such non-completion being for any reason other than severe or compelling circumstances including illness.
  21. Whilst the panel of adjudicators and the administrators of the competition will take all reasonable steps to handle all entries in the strictest confidence and not to disclose any information on entries to any third party, in the event of winning the competition the entrant hereby consents to details of his/her/its entry being made available to the public and the media.
  22. Entrants hereby agree that the SABS Design Institute (and any third party authorised by the SABS Design Institute) may use their entries (whether or not they win the Competition) for any promotional purpose (for example, placing it on the SABS Design Institute website or on display at the SABS Design Institute offices, in any poster, leaflet or other advertising media). Entrants confirm that their entries are original and that they own and have the right to license to the SABS Design Institute the copyright and other intellectual property rights in the entry for the purposes referred to in these Rules. Entrants will retain ownership of copyright in their entry but they give the SABS Design Institute (and any third party authorised by the SABS Design Institute) their irrevocable permission to use, reproduce, publish, display, transmit, copy, amend, store, sell and sub-licence the entry worldwide for such promotional purposes and for any other purpose which the SABS Design Institute may deem appropriate.
  23. The decision of the adjudicators is final and no correspondence will be entered into. SABS Design Institute reserves the right to set and/or amend the criteria used to judge entries and select the winners.
  24. Each entrant also warrants that he/she is not presently party to any pending criminal proceedings and does not have a criminal record registered against him/her. Should entrants fail to disclose this information then Transnet and SABS reserves the right to disqualify such applicant and or revoke any award made to him/her.