Curbie Awards Competition Rules
Curbie Awards™ (hereinafter the “Competition”) is a competition hosted by Stoltz One (Pty) Ltd (Registration Number: 2019/238752/07) (hereinafter referred to as the “Host”), to be held in Cape Town, South Africa. The Competition provides an opportunity for Participants to nominate qualifying spaces in order for the nominated space to stand a chance to win the coveted title of Curbie Awards™ winner.
Only eligible natural persons (“Participants”) may enter, and any suspected scammers/fraudsters will be disqualified. Participants must be a citizen or a permanent resident of the Republic of South Africa and be in possession of a valid South African Identity Document and/or South African Passport. The following persons/individuals are not permitted to enter into and/or participate in the Competition:
- Any person under the age of 18 (eighteen) years old;
- No member, director, partner, employee, agent, or consultants of the Host, or their immediate families, nor the sponsors (hereinafter the “Sponsors”), nor any other person who directly or indirectly controls or is controlled by the Host.
It is the responsibility of all Participants to ensure that all information provided in respect of themselves and/or nominated spaces, and/or the nominees are correct and accurate.
The award categories (hereinafter collectively referred to as the “Categories”, and singular as “Category”) are as follows:
- Best Kitchen
- Best Master Bedroom
- Best Living Room
- Best Garage
- Best Kids Room
- Best Entertainment Area
- Best Garden
- Best Pool
- Best Exterior
- Best Bathroom
Only spaces of residential properties may be nominated/entered.
ENTRY PROCESS AND FEES
Entries will open on 19 April 2021 and will remain open up and until midnight on 31 October 2021.
In order to enter the Competition, the following steps must be taken: Register on the Curbie Awards™ website, under the ENTER NOW page/link;
1. Accept the terms and conditions (i.e. these rules);
2. Complete the applicable entry form under the relevant Category; and
3. Pay the entry fee of R25.00 (twenty-five rand) per entry.
4. When completing the applicable entry form, the following will apply:
5. The description of the space must be less than 160 characters;
6. Three tags must be selected to best describe the space; and
7. Four images must be uploaded as provided for under these Rules.
Photos must be submitted in one of the following formats: JPG, JPEG or PNG. Uploaded photos cannot exceed 1 MB in total. For the avoidance of doubt, the 4 (four) uploaded photos, may not exceed 1 MB jointly.
The uploaded photos may only show the space and must not contain any reference to, or the image or likeness of, any identifiable person/entity/brand/mark or trademark. Entries generated in any other form or through any other process, other than the form and process as recorded herein, will be void.
VOTING AND JUDGING
Voting and Judging will be done as follows:
Stage 1 – Public Voting
All legitimate nominated spaces, in respect of each Category, will be judged by the public during the first stage in order to determine the top 30 spaces in each Category. Public Voting will commence on 19 April 2021 and will close on 30 November 2021.
Each Participant’s photos will be featured on the website and social media platforms during the public voting period. Visitors to the website and/or social medai can select their favourite design and vote accordingly.
Each individual will be limited to one (1) vote per person per (i.e. per IP address) and per Category.
The 30 (thirty) Participants/nominees receiving the highest number of valid votes in respect of each Category at the end of the voting period will progress to the second voting stage (the “Finalists”).
Votes received from any person/email address in excess of the stated limitation will be void. Votes obtained or suspected to be obtained by any fraudulent or inappropriate means, including, without limitation, trading votes or offering prizes or other inducements to members of the public, as determined by the Host in its sole discretion, will be disqualified and all associated entrants will be void.
Without limiting the generality of the foregoing, if the Host has grounds to suspect any Participant and/or nominee, or third party of cheating, deception or fraudulent or unsportsman-like conduct of any kind (including, without limitation, manipulating the Competition) the Host reserves the right (in its sole discretion) to disqualify any Participant, vote or person it reasonably believes to be responsible for, or associated with, such activity.
The Host reserves the right to not award any or all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries/nominations and/or votes.
Stage 2 – Judging
One Judge will be appointed per Category in order to judge the top 30 (thirty) nominated spaces in respect of that Category (i.e. the Finalist).
The following criteria will be applied:
Creativity – 30 points;
Functionality – 30 points; and
Design – 30 points.
Total – 90 points.
Each Finalist will receive a score out of 100 points, which will be determined as follows:
Public Voting – Score out of 10 points, based on the number of votes received from the public.
Judging – Score out of 90 points, based on the score received by the applicable judge out of 90.
The Finalist with the highest score out of 100 points in respect of each Category will win the applicable Category and will be awarded the cash price, as indicated below (the “Winners”). In order to determine the winner of the coveted Curbie Awards™, each Winner’s space will be judged by all 10 (ten) judges using the same criteria as indicated above. The Winner with the highest total score will be the winner of the Curbie Awards™ and will win the grand price, as indicated below.
Winners will be notified by email via the email address as provided by the Participant. In the event of the Host being unable to get in touch with the Winners within a reasonable time or to complete the verification process, or should winner/s fail to accept and take receipt of the prize/s, the Host, reserves the right to disqualify such winner/s, and in such instance, the Host, at its sole discretion, may award the prize to the runner-up (who received the next highest number of valid votes in the same Category during the voting period), who will be subject to disqualification in the same manner.
Winners will be announced and notified during January 2022.
Each Category winner will receive a R1000.00 (one thousand rand) cash prize. The ultimate Curbie Awards™ winner will additionally receive the grant prize of R10 000.00 (ten thousand rand). Prizes are non – transferable, unless specifically agreed to in writing by the Host. Each winner will be solely responsible for any applicable taxes and/or duties.
By participating in the Competition (i.e. nominating a qualifying space) and/or by being nominated and/or by winning a prize, you confirm that you have read, understood and agreed to the rules as
recorded herein (the “Rules”). The Rules are the standard terms and conditions applicable to all Participants and nominees.
Upon a Participant nominating a nominee in respect of a Category, the Participant should advise the nominee of such nomination.
The nominated nominee has the option to proceed with the competition or to opt out. For the avoidance of doubt, a nominee will not be forced to participate in the Competition and may withdraw at any time and for any reason whatsoever.
CONSUMER PROTECTION ACT
It is specifically recorded that the Competition does not constitute a Promotional Competition, as defined under and in terms of Section 36 of the Consumer Protection Act, Act 68 of 2008 (the “CPA”). As such, the provisions of Section 36 of the CPA will not apply.
It is however noted that the CPA may find application to the Competition. As such, it is confirmed that nothing contained in these Rules aims/intends to circumvent the CPA in events where it may find application.
Notwithstanding that stated above, the CPA shall only apply to the Competition where it is specifically provided, via the CPA, that same applies and then only to the extent that same applies. In no way, manner or form is it intended that the CPA (albeit it in whole or partially) will apply voluntarily.
Hence, for as far as the provisions of these Rules contradict any provision of the CPA that apply to the Competition, the applicable provision/s of the CPA shall prevail in respect of the Competition (but only to the extent of the conflict).
Entries may not contain, as determined by the Host in its sole discretion, any content that: –
- is derogatory of any ethnic, racial, gender, sexual orientation and/or religious group or individual(s);
- is profane or pornographic, or contains nudity;
- is obscene or offensive – endorses any form of hate;
- appears to duplicate any other space/s of other nominees;
- defames, misrepresents or contains disparaging remarks about the Sponsors and/or the Host, or any other person, the Participants and/or other nominees;
- contains trademarks, logos, or trade dress owned by any other third party, without the express consent of the said third party;
- contains copyrighted materials owned by third parties (such as music, photographs, footage, sculptures, paintings, texts and other works of art or images), without the permission of the applicable third party, to the extent permission is necessary; and/or
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, without permission, to the extent permission is necessary.
Each Participant, or nominee, as the case may be, represents and warrants that he/she has all necessary rights, title and interest, including copyright, in each entry (i.e. space per Category), and that each entry (i.e. space per Category) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. In addition to the aforesaid, each Participant, or nominee, as the case may be, warrants that he/she is the owner of the space and the design thereof and that he/she does not infringe any third party’s intellectual property rights in respect of the applicable space/s.
If an entry contains any material or elements that are not owned by the Participant, or nominee, as the case may be, and/or which are subject to the rights of third parties, the Participant and/or nominee is responsible for obtaining, prior to submission of the entry, any and all releases, permissions and consents necessary to permit the use and exhibition of the applicable space.
The Host reserves the right to request proof of these permissions in a form acceptable to the Host from any Participant and/or nominee at any time. Failure to provide such proof may, if requested, may result in the disqualification of the Participant and/or nominee.
By entering into the Competition and submitting the required photos, the Participant and nominee warrants and represents that (a) he/she has the right to submit the photos, (b) he/she consents to the submission and use of the photos in the Competition and to its use as otherwise set forth herein, and (c) the use of the photos by the Host will not violate or infringe upon the rights of any third party.
The Participants and nominees hereby indemnify and hold the Host and the Sponsor/s harmless in respect of any claim/s arising out of the breach of a third party’s intellectual property rights, or other rights are recorded above.
USE OF PHOTOS
By submitting the required photos, the Participants hereby grants to the Host, its licensees, successors and assigns a non-exclusive license to use, adapt, edit, modify, reproduce, distribute, display, perform, create derivative works based upon, or otherwise exploit the photos in any manner or media now known or hereafter devised throughout the world in perpetuity for advertising, promotional and other purposes (including, without limitation, displaying the photos on this Websites and/or the Host’s websites and social media sites) and waives all his/her rights, including moral rights, in and to the photos, without further compensation, notification or permission.
Each Participant and nominee warrants and guarantees to the Host that he/she is eligible to enter into the Competition, as provided for under and in terms of these Rules. Each Participant and Nominee warrants and guarantees that all information, and personal information, provided to the Host is true, accurate and correct.
The Participant/s shall not hold the Host liable for any entries which are not received, whether timeously or at all, regardless of the cause thereof, and shall not hold the Host liable for any problems or technical malfunction of any telephone network or lines, computer online systems, service, or providers, computer hardware or software failures or malfunctions, traffic congestion (whether physical, or on the internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems.
All entries which are unclear or illegible, which are submitted via an incorrect entry mechanism or contain errors or are received from a disqualified person will be declared invalid.
The Host does not make any representation or give any warranties, whether expressly or implicitly as to a prize/s, and in particular, without limitation, makes no representations and gives no warranty that a prize, or any aspect thereof, will –
- Meet the Participant’s and/or nominees requirements, preferences, standards or expectations; or
- Be satisfactory and punctual.
The Participant and/or nominee acknowledges that he/she shall not be entitled to claim a prize, should it be unlawful for the Host to supply such a prize to the Participant and/or nominee. Should the Participant and/or nominee not qualify to receive such a prize, the Participant and/or nominee acknowledges that he/she shall be required to forfeit it.
The Host reserves the right to vary, postpone, suspend, or cancel the Competition and any prizes, or any aspect thereof, without notice, for any reason whatsoever. In the event of such variation, postponement, suspension or cancellation, the Participant and/or nominee herewith waives any right, interest and expectations that he/she may have in terms of the Competition and acknowledges that he/she will have no recourse against the Host.
The Participant and/or nominee agrees that by participating in the Competition, and his/her acceptance and/or use of a prize, or any aspect thereof, is at his/her own risk.
Winners herewith indemnify and hold the Host harmless for any accident, injury or loss of property as a result of winning, accepting and/or utilising the prize/s won.
Notwithstanding the above, all Participants and the nominees, herewith indemnify the Host, its advertising agencies, advisors, nominated agents, suppliers and its affiliates and/or associated companies, against any and all claims, of any nature whatsoever, arising out of and/or from their participation in the Competition.
LIMITATION OF LIABILITY
The Host shall be exempted from and shall not be liable under any circumstances whatsoever for any indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever, whether in the contemplation of the parties or not, which the Participant/s and/or nominees or anyone else may suffer or incur as a result of any act and/or neglect of the Host, or anyone else, of any nature, scope and/or extent whatsoever and irrespective the cause thereof and/or reason therefore.
The Host shall be exempted from and shall not be liable under any circumstances whatsoever for any damages of any nature whatsoever (albeit direct damages), whether in the contemplation of the Parties or not, which the Participant/s and/or nominees or anyone else may suffer as a result of any act and/or neglect of the Host or anyone else of any nature, scope and/or extent whatsoever, unless same was caused by the wilfully malicious and/or grossly negligent acts and/or neglects of the Host.
JURISDICTION, ARBITRATION AND COSTS
Regardless of the Parties’ place of execution, performance or domicile, these Rules shall be governed by and construed under and in accordance with the laws of the Republic of South Africa.
If any dispute or difference of any kind whatsoever shall arise between the Participants and/or nominees and the Host in connection with or arising out of an order or these Rules and the Competition, then the matter in dispute or difference shall be referred to arbitration in accordance with the provisions of AFSA (Arbitration Foundation of Southern Africa). The Arbitration shall be held in Cape Town, Republic of South Africa, in English before a single arbitrator and with a view of obtaining an expeditious result.
It is agreed that each clause and each sub-clause in these Rules is severable, the one from the
If any clause or sub-clause is found to be defective or unenforceable for any reason by any competent court, the remaining clauses shall continue to be of full and competent force and effect.
These Rules represent all the terms and conditions pertaining to Competition. The Participant/s and nominee/s warrants that he/she understands all the terms and conditions as recorded herein and accepts them as the rules of the Competition.
No alteration or variation of these Rules shall apply unless the alteration or variation in question is expressly agreed to or issued in writing by the Host.
The Host may cede and assign its rights and obligations in terms of these Rules applicable between the Parties to any third party without the prior written consent of the Participant/s and/or nominees.