The terms and conditions contained herein (hereinafter referred to as “Terms”) apply to Your participation to submit Your audio-visual content comprising of a cinematography film, (“Content”) to participate in Zee TV South Africa’s “Zee Afro Flicks” (“Short Film Showcase”) and stand a chance to showcase your Content on “Zee World ( available on Dstv channel 166, GOtv channel 25) and Zee One (available on Openview channel 111, Startimes DTT 509, DTH 553 (“ZEE Channels”). Your participation in the Short Film Showcase will be construed as an undisputed acceptance of the Terms and disagreement or failure of acceptance of these Terms or any part thereof shall result in disqualification of the Participant from the Campaign.

 

• I. DESCRIPTION:

 

Short Film Showcase – is a programme created to give content creators (“Participant/(s)”/” “You”/”Your”) a global platform to showcase their Content. Every Participant at the sole discretion of Zee TV South Africa shall be shortlisted on the basis of their Content. Shortlisted Participants  will get an opportunity to showcase their Content on ZEE Channels during the Short Film Showcase in the Territory (defined later).

 

• II. ELIGIBILITY OF THE PARTICIPANTS

 

• a. The Short Film Showcase is open to persons residing in the geographical territory of Africa and the Indian Ocean Islands (“Territory”).

 

• b. Employees of Zee TV South Africa, sponsors, agencies and their affiliates and their families are not eligible to participate in the Short Film Showcase.

 

• c. The Short Film Showcase is available only to legally competent natural adult person(s). Any person who is construed as a minor as per applicable law of territory shall not be entitled to participate in the Short Film Showcase.

 

• III. PRE-REQUISITITES OF THE CONTENT

 

• a. The duration of the Content should be of an approximate duration of 5 (five) to 20 (twenty) minutes only.

 

• b. The duration of the Content i.e. audio-visual content comprising of episodic content, cinematography film, movies, series shall be of a maximum duration of 20 (twenty) minutes.

 

• c. The language of the Content must be primarily in English.

 

 

 

 

 

 

 

• IV. PROCEDURE TO REGISTER

 

The Participant(s) shall send the Content to the official Short Film Showcase submissions page of Zee Channels i.e. http://zeeworld.zeeafrica.tv/zeeafroflicks or https://zeeone.zeeafrica.tv/zeeafroflicks

• a. and post that shall mandatorily duly fill out the submission form and submit correct information to be fully eligible for the Short Film Showcase.

 

• b. The Content shall be submitted in the format as described in Annexure A to the Terms if the participant has been shortlisted.

 

• c. Any entry(ies) received by Zee TV South Africa which is incomplete, incorrect or received through any other means shall be immediately disqualified and stand rejected.

 

• d. The Campaign shall begin from 1st July, 2022 till March 31^st 2023 (“Campaign Period). The entries in Short Film Showcase shall be open from 1^st July, 2022 and end on 31^st December, 2022  (“Entry Period").  Any changes in the Campaign Period  or Entry Period shall be updated in the Terms and it is the Participant’s sole responsibility to be aware of the Terms and/or its modifications (if any).

 

• V. REGISTRATION OBLIGATION

 

• a. The Participant(s) hereby agrees and confirms that he/she/it owns and/or has validly acquired all the rights including but not limited to copyright in the Content to thereby participate in the Short Film Showcase and if shortlisted or selected, further has requisite rights and license to permit Zee TV South Africa to exploit it in the manner detailed in the Terms.
• b. The Participant(s) hereby agrees and confirms that he/she/it there is no restriction or encumbrance of any way and in any manner whatsoever which may affect the participation in the Short Film Showcase and further to enable Zee TV South Africa to exploit it in the manner detailed in the Terms. If at any time or in any manner, any third party rights is violated due to the participation in Short Film Showcase and/or Zee TV South Africa’s exploitation in the manner detailed in the Terms, then the Content shall immediately be taken down and without prejudice to any rights and remedies in law and / or in equity, the Participant shall immediately take all action to resolve the same including but not limited to indemnifying Zee TV South Africa and/or its affiliates or agents or representatives. Participant hereby agrees and understands that in the event of any claims, orders or disputes, the sole liability of Zee TV South Africa shall be to take down and remove the Content from ZEE Channels, pursuant to which the Participant shall have no claims or recourse against Zee TV South Africa but shall be liable to hold Zee TV South Africa fully harmless and indemnified of all claims/losses/dispute if so raised against Zee TV South Africa.
• c. The Participant agrees that he/she/it is prohibited from submitting the Content that has been submitted for Short Film Showcase to any third party(ies) until and unless he/she/it receives a rejection intimation from Zee TV South Africa until the end of the campaign.
• d. The Participant acknowledges and undertakes to ensure that the Content shall not contain any brands trademarks, logos or endorsements; license plates, phone numbers, or personal addresses – physical or email or otherwise; website or web page links; derogatory characterizations of any ethnic, racial, sexual, gender-identity, or religious groups, the humiliation of other people (publicly or otherwise), or any assault or threatening of others; conduct or activities in violation of the applicable laws and/ or the Terms herein; or any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Zee TV South Africa in its sole discretion
• e. The Participant understands that if he/she/it is declared as short-listed participant of the Short Film Showcase, then the participant shall undertake submit all such documents as may be required by Zee TV South Africa including but not limited to evidence the ownership and copyrights in the Content. The Participant(s) hereby expressly agree to also be bound by the attached (Schedule -1) Terms of Use and Privacy Policy on Zee TV South Africa and in particular to those relating to the collection, retention, use and sharing of personal data. The Participant(s) confirm that they shall not be in breach of any law or violate any third-party rights by entering the Short Film Showcase. For sake of clarity, the Participant hereby agrees and confirms that he/she/it is aware that certain information and documents shall be collected and processed by Zee TV South Africa solely for the purpose of (i) identifying and declaring the Participant as a Shortlisted Participant, (ii) reaching out to Shortlisted Participant for ascertaining ownership and copyrights in the Content in order to further exploit the Content in the manner as detailed in the Terms, (iii) for any future collaboration and/or assignment. The Participant confirms that he/she/it is consenting for Zee TV South Africa to collect, process and retain the above and if at any time the Participant does not want Zee TV South Africa to retain and/or use the above information, the Participant shall send a written communication to Zee TV South Africa to delete and destroy his/her/their information from date of such communication.
• f. Zee TV South Africa shall not be responsible for any Participant(s) entering the Short Film Showcase unlawfully or otherwise in breach of local law of the Territory.
• g. Zee TV South Africa reserves the right to disqualify any Participant(s) from the Short Film Showcase, at its sole discretion, should the Participant(s) at any stage submit false, inaccurate or misleading personal details, and/or information.
• h. The Participant expressly acknowledges and agrees that Zee TV South Africa shall have sole discretion to decide the duration for which it shall utilize or exploit the Content on ZEE Channels and Zee TV South Africa shall not be liable to the Participant under any circumstances in respect of any claim for loss of opportunity, reputation on the part of the Participant to enhance its reputation. The Participant shall not be entitled to any damages or other relief by reason thereof nor in respect of any loss of publicity, advertisement, reputation or the like due to Zee TV South Africa’s withdrawal of the Campaign.
• i. Zee TV South Africa reserves the right to modify, add or delete any of the Terms or participation mechanics of the Short Film Showcase at any point of time at its sole discretion, hence, it is the Participant’s sole responsibility to be aware of the Terms and/or its modifications (if any).
• j. Zee TV South Africa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Short Film Showcase with or without prior notice due to reasons outside its control or otherwise (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of Zee TV South Africa in all matters shall be final and binding.
• k. Participant(s) shall in no circumstance have any rights or claims of any nature against Zee TV South Africa its affiliates, directors, officers, employees, agents, representatives etc..
• l. Zee TV South Africa shall not be responsible for any loss or damage if it has to discontinue or cancel this Short Film Showcase or take down the Content from Zee TV South Africa in compliance with any law, ruling, order, regulation, requirement or instruction of any Local Government or Authority or for any other unavoidable reason beyond its control or otherwise.
• m. The invalidity or unenforceability of any part of the Terms shall not prejudice or affect the remaining parts of the Terms to the extent that it is severable.

 

• VI. SHORT-LISTED PARTICIPANTS AND GRATIFICATION

 

• a. The Short-listed participants shall be rewarded with an opportunity to showcase their Content which will be aired on Zee World and Zee One throughout the Territory and the selected Content shall be promoted in the Territory on Zee World and Zee One at no cost to the Participant.
• b. Short-listed Content will be exclusively aired (free of cost) on Zee Channels for a period of 1 year and non-exclusive for another period of 1 year i.e. a total period of 2 (two) years (“Term of License”) from the go-live date of the Content on Zee Channels shall be granted to Zee TV South Africa by the participants, within the territory of the entire world,  for exploitation of the Content on Zee Channels. It is clarified that the participants will not be entitled to any form of  consideration/fee from Zee TV South Africa for the telecast of their Content.
• c. The short-listed participants may also be required to meet the media (in the presence of a representative of Zee TV South Africa) and carry out any other appropriate and reasonable promotional/publicity requirements as may be deemed fit by Zee TV South Africa on any social media platforms, the creatives of which shall be pre-approved by Zee TV South Africa in writing.
• d. The final determination of the shortlisted Participants and the application of the judging criteria shall be in the sole and absolute discretion of the Zee TV South Africa. The Participant(s) shall not influence/object/hinder the evaluation or any other process nor dispute the declared results. Zee TV South Africa’s decision and prerogative in regard to the selection and declaration of the Shortlisted Participant shall be final and binding. The evaluation shall be done based on certain criteria associated with the Content including but not limited to uniqueness of the content, setting and longevity of the show/film, characters of the story including the protagonist, audience engagement with the show/film, brand fitment for Zee TV South Africa’s channels in respect of the content, etc., whereby, the criteria applicable may vary depending on the platform and mode of exploitation.

 

• VII: DISCLAIMER:

 

• a. Comments/posts on social media of the Participant(s) shared for the Short Film Showcase including without limitations feedback and other testimonials of any kind shall be deemed to be non-confidential. Zee TV South Africa is free to reproduce, distribute and publicly display such feedback without limitations or obligation of any kind.

 

• b. The Participant(s) shall not be confirmed as short-listed participants for the Short Film Showcase if the Participant(s) are found suffering from any legal or other disqualification which according to Zee TV South Africa will be detrimental to the Short Film Showcase. At all times, the final decision regarding their participation and/or shortlisting in the final production shall rest entirely with Zee TV South Africa.

 

• c. Zee TV South Africa shall not be responsible for the loss of any nature, and/or mental trauma that may occur/ occurs to the Participant, who has been considered as invalid and/or not selected and/or selected as a short-listed participant while participating in the Short Film Showcase, in relation to the Short Film Showcase.

 

• d. The interpretation and implementation of the Terms shall be at the sole discretion of Zee TV South Africa. The decisions of Zee TV South Africa shall be final and binding, and not subject to challenge or appeal.

 

• e. Participant agrees and understand the Content submitted by the Participant if is in violation of any law, ruling, order, regulation, requirement or instruction of any Local Government or for any other unavoidable reason beyond its control or otherwise.

 

• f. The Participant understands and acknowledges that there may be other materials, works or ideas that are in public domain or are generic, or have been or will be submitted to Zee TV South Africa by other persons, which may be wholly or partly similar or identical to the Content or any part thereof or may be independently developed or produced as separate works which could resemble the story and incorporate concepts, themes, formats, plot-lines, or characters similar to those in the Content submitted by the Participant with regards to that separate material being developed by Zee TV South Africa. The Participant acknowledges that Zee TV South Africa shall have the right to use and exploit any such similar or identical materials, works and ideas, at any time and in any manner whatsoever. In such an event, the Participant shall not be entitled to claim or receive any consideration or compensation from Zee TV South Africa for use of such similar or identical materials, works and ideas, and further shall not claim any rights in such similar or identical materials, to the maximum extent as permitted by law.

 

• g. Participants shall be solely responsible for any costs and expenses incurred towards internet connection charges, e-mail transmission charges, data transfer (send/receive) charges, mobile connection charges or other incidental costs or expenses as may be applicable, inclusive or exclusive of any other service charges, applicable taxes, levies, duties, cess, etc. depending upon the service provider.

 

• h. Mere participation in the Campaign does not entitle the Participant to be short-listed in the Campaign. Organizer reserves the sole and absolute right to disqualify any person from (i) his or her participation in the Campaign, and (ii) reserve any chance to work with the Organizer to co-create the Content. In such an event, Zee TV South Africa reserves the right to select a new shortlisted participant for the opportunity in any manner it deems fit, at its sole discretion.

 

• i. Zee TV South Africa assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line-failure, destruction, unauthorized access to, or alteration of Content.

 

• j. To the maximum extent permitted by applicable law of the territory, Zee Tv South Africa and/or short film showcase is provided on an "as is" basis without warranty of any kind, express or implied. without limiting the foregoing provisions, the participant(s) assume sole risk and responsibility for selecting Zee Tv South Africa to achieve their intended results, and sole responsibility for the installation of, use of, registration, and results obtained from Zee Tv South Africa. without limiting the foregoing provisions, Zee Tv South Africa makes no warranty that Zee Tv South Africa’s websites will be error-free, virus free, or free from interruptions or other failures or that Zee Tv South Africa will satisfy the participant(s) specific requirements or that the errors will be rectified. participant(s) understand that zee channels can be blocked or made inoperable and Zee Channels assumes no responsibility or liability for the same. zee5 is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of zee5 network could lead directly to death, personal injury, or severe physical or property damage (collectively, "high risk activities"). zee5 expressly disclaims any express or implied warranty of fitness for high risk activities.

 

 

• VIII. INTELLECTUAL PROPERTY:

 

• a. The Content on Zee Channels and the "ZEE TV SOUTH AFRICA" word mark and the “ZEE” design mark, as well as all other of the names, logos, and materials displayed on or through Zee TV South Africa that constitute trademarks, trade-names, service marks or logos ("Marks") are owned and/or licensed to Zee TV South Africa and are subject to copyright, trademark, and other intellectual property rights under laws of the Territory. Participant(s) agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Zee TV South Africa or any portion of the Zee Channels, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise authorized in writing by Zee TV South Africa. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these Terms or as otherwise authorized in writing by Zee TV South Africa. Participant(s) must abide by all copyright notices, information, and restrictions contained in or associated with any Content. Participant(s) must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.

 

• b. Participant(s) hereby represent and warrant that they have all the unencumbered right, title and interest to license all the intellectual property rights in and to the Content to Zee TV South Africa to be published on Zee Channels for the Territory and for the Term of License on a non-exclusive basis from the go-live date of the Content on Zee Channels.

 

• IX. CONTENT SUBMISSIONS:

 

• a. The Content submitted by the Participant(s) shall be in conformity with the laws of the Territory. Any violation of the laws shall be construed as a material breach and the Participant(s) shall be disqualified and Zee TV South Africa shall have a right to claim any loss or damage caused due to such breach by the Participant(s).

 

• b. The Content submitted for the Short Film Showcase shall be so done under an irrevocable, royalty-free license to Zee TV South Africa to use it in any medium anywhere in the world for commercial and non-commercial use, use by Zee TV South Africa, including for promotional and advertorial and advertisement-supported exploitation purposes, and each Participant(s) hereby expressly grants such license.

 

• c. Publicity: Participation in the Campaign constitutes each Participant’s consent to Zee TV South Africa’s and its agents’ use of the Participant’s names, likenesses, photographs, and/or personal information for promotional purposes in any media, worldwide, without further payment or consideration.

 

• d. Confidentiality: The Participant acknowledges that any and all Entries submitted for the Campaign shall not be publicly viewable. The Participant shall not (and shall not cause or permit others to) at any time, either during the continuance of the Campaign Period under this Agreement or thereafter, disclose any story, title, Content submitted by the Participant to public or to any third parties. Notwithstanding the foregoing, the Participant agrees and acknowledges that Zee TV South Africa and/or any party authorized by Zee TV South Africa shall be entitled to have access to the Content at all times during the Campaign. Participant acknowledges that the Content are not being submitted/ disclosed to Zee TV South Africa in confidence

 

• e. The Participant(s) shall solely be responsible for the Content submitted by them, including any music and/or background score that features in that Content.

 

• f. Use by Participant of music for commercial or non-personal purposes in particular is prohibited unless the Participant(s) have obtained appropriate licenses and the same is submitted copies of the same to Zee TV South Africa. Unauthorized Content may be remove without any liability or recourse to Zee TV South Africa.

 

• g. If the Participant(s) submit any Content that contains music owned by a third party, without procurement of appropriate licenses and/or permissions form the copyright holder, such Content may be removed from Zee World and Zee One.

 

• h. The Participant(s) hereby represent and warrant that, they have all the unencumbered right, title and interest to license all the intellectual property rights in and to the Content to Zee TV South Africa to be published on Zee World and Zee One Channels for the Term of the License in the Territory on a non-exclusive basis.

 

• i. The Participant(s) hereby agree that Zee TV South Africa shall have all the unencumbered rights, title and interest to monetize and exploit the Content at no cost to the Participant(s) and that the Participant(s) shall have no right and/or claim on such monetized amount through Zee TV South Africa in any manner whatsoever.

 

• j. The Participant(s) shall ensure that no third-party rights and material is used in the Content, including music, audio-visual content, clips, footage etc. Any usage in contravention of the above shall make the Participant(s) liable and Zee TV South Africa shall have the sole right to take down the Content from Zee World and Zee One.

 

• k. Zee TV South Africa does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participant or furnish any reason or explanation for inclusion and/or, exclusion of any particular submission or the Entry of a Participant at any stage of the Campaign

 

• X. INDEMNITY:

 

• a. The participant(s) agree to indemnify, defend, and hold harmless ZEE TV SOUTH AFRICA, its subsidiaries, affiliates, officers, directors, employees, consultants and agents (“indemnified parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such indemnified parties may incur as a result of or arising from (a) any information (including, without limitation, content, feedback) the participant(s) (or anyone using their account) submit, post, or transmit on or through zee channels; (b) the participant(s) (or anyone using their account's) violation of these terms; or (c) the participant(s) (or anyone using their account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity in the content submitted by the participant(s).

 

• b. The Participant(s) hereby undertake that in the event Zee TV South Africa is made a defendant, co-defendant or a party to any action, claim, suit or proceedings, whether civil or criminal, arising out of the Participant(s) default under the terms of this Short Film Showcase and/or in respect of the Content submitted by the Participant(s)   its underlying works and/ or exploitation of any part thereof then, the Participant(s)  will promptly assume full responsibility and settle, defend and resolve such suit/ claim/ action/ proceeding, as the case may be, at its sole cost, without involving Zee TV South Africa. In the event the Participant(s)  do not defend, pay and/or settle any of the third party claims or actions, Zee TV South Africa shall have right and be entitled but shall not be obligated, to defend, pay and/or settle such third party claims and actions, at the Participant(s)   sole cost and risk. This right of Zee TV South Africa is without prejudice to the other rights and remedies in law or in equity.

 

• c. To the extent permitted by law, Zee TV South Africa or its representatives, employees, directors, officers or agents, shall not be liable for any loss suffered or sustained, to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent on the part of Zee TV South Africa or its representatives, employees, directors, officers or agents.

 

• XI. MISCELLENEOUS

 

• a> These terms, together with the Terms of Use and Privacy Policy on Zee TV South Africa, constitute the entire agreement between the Participant(s) and Zee TV South Africa in relation to the Participant(s) and supersede all previous agreements in respect of your use of our website. The Terms shall be read in conjunction with the Terms of Use and Privacy Policy on www.zee.com. In the event of any inconsistency between any terms or conditions contained herein and the Terms of Use and Privacy Policy, the terms of this Term shall control and govern to the extent of such inconsistency or ambiguity.

 

• b. Zee TV South Africa reserve the right, at its our discretion, to modify these Terms from time to time (“Updated Terms”). The Updated Terms shall be effective immediately and shall supersede these Terms. Zee TV South Africa shall not be under an obligation to notify you of any changes to the Terms. The Participant(s) shall be solely responsible for reviewing the Terms from time to time for any modifications. By continuing to participate in the Short Film Showcase after the Updated Terms have been published, the Participant(s) affirm your agreement to the Updated Terms.

 

• c. The decision of Zee TV South Africa shall be final and binding on the Participant(s) and no further communication whatsoever in this regard shall be entertained.

 

• d. These Terms shall be governed by and construed in accordance with the applicable laws of South Africa and any dispute arising out of or in relation to the Short Film Showcase are subject to the jurisdiction of the Courts in South Africa only.