Ayoba Challenge – Terms and Conditions

TERMS AND CONDITIONS FOR THE AYOBA SPONSORED CHALLENGE AT TADHACK HACKATHON SEPTEMBER 2020 (“Challenge”)

In order to participate in the Challenge and/or accept any prize, you and each member of your team that is participating in the Challenge, as the case may be (“you” or “Participant”), are required to irrevocably agree to be bound by these terms and conditions pertaining to the Challenge (“T&Cs”), as well as any other terms and conditions applicable to the Challenge and incorporated in the terms of these T&Cs. 

Please read the terms and conditions below carefully before you enter the Challenge. If you do not agree to any of the terms below, you must not enter the Challenge and, if you have already entered the Challenge, you must cease participating in the Challenge.

These T&Cs contain some clauses that are particularly important to you.  The clauses which contain these important provisions and the reasons why they are important are set out below.  It is also very important that you read all of these clauses carefully and not just what is set out below:

  • Limitations of risk, legal responsibilities and liability.  Clauses 7, 8 and 10 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you.   As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
  • Assumptions of risk, legal responsibilities and liability by you.  Clauses 3, 4, 8, 9 and 10 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts.  You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses.
  • Acknowledgements of fact by you.  Clauses 3, 8 and 10 are important because they contain statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements
  • Your indemnification obligations.  Clause 10 requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that that may be suffered by us and other persons or entities as a result of the events set out in these clauses.  You also required to indemnify us and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in these clauses.   This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.

The ayoba Challenge will be adjudicated by a representative of Simfy Africa (Pty) Ltd (hereinafter “Ayoba”).

MTN South Africa will serve as the organisers of the overall event, its staff, directors and/or third party service providers (collectively, the “Organisers”). 

You agree to be bound by the decisions of the Ayoba adjudicators, which are final and binding in all respects.

In the event of any conflict or inconsistency between these T&Cs and any other agreement that you may have concluded with Ayoba or any of the Organisers, these T&Cs will take precedence to the extent of such conflict or inconsistency.

Your entry and continued participation in the Challenge confirms your acceptance of these T&Cs.  You confirm that you have read and understood these T&Cs.

  1.  Dates, Times and the Event
    1. The Challenge will commence in South Africa on 9 September 2020 and will continue in various phases until 12 September 2020.  The Challenge will be conducted as an online-only “virtual event” and is aimed at introducing you to Ayoba’s development platform and “Ayoba MicroApps”.  Please see the main event T&CS for more specific detail.
    1. At this virtual event, Ayoba will grant you to a developer sandbox environment.
    1. You will also have access to coaches providing tech, UI/UX and business support, on an ad hoc, first come first served basis. You will not have the right to demand any access to, or specific support from, any coaches.  This access and support will be allocated by Ayoba in its sole and absolute discretion.
    1. Ayoba will, in its sole and absolute discretion, select one winning team (including both individuals or groups of individuals competing as a single team (each a “Group“)) who will be notified via electronic mail.  For the avoidance of doubt, reference to “Participant” or “you” in these T&Cs shall also include a Group (if applicable).  Should a Participant fail to respond, or be otherwise unavailable, Ayoba may, in its sole and absolute discretion, select a different Participant as a winner.
    1. The Organisers will determine date and time of the Awards and thereafter shall notify the winners via electronic mail.
    1. The Organisers reserve the right to hold the Awards online.
    1. The Winners must attend the Awards, physically or online, in order to be eligible to win the Prize. 
    1. Following the decision by the Adjudicators of the identity of the winner of the Prize, the winners of the Prize will be contacted within 30 (thirty) days of the decision of the Adjudicators, using the telephone number or email address provided by the Participant to the Organisers in their Entry Form.
    1. The Organisers will make reasonable efforts to contact the winner(s). In the event that any winner cannot be successfully contacted following reasonable attempts to do so by the Organisers, or if the winner is not available to attend the Awards, the Organisers reserve the right to automatically disqualify such winner from the Challenge.  In these cases, the winner will forfeit the Prize and Ayoba may select an alternative winner.
    1. Ayoba may, in its sole discretion, terminate the Challenge, extend or shorten the duration of the Challenge, and change any of the dates and times for the Challenge.  Any changes will be posted on the Challenge Portal.
    1. The event is being held in South Africa only.
  • The Challenge

The objective of the Challenge is for Participants to make creative use of the Ayoba platform to build services and solutions that meet the daily needs of African consumers and businesses.

  • Conditions for Entry

In order to enter and participate in the Challenge you must:

  • be a natural person lawfully based within the Republic of South Africa;
    • be over the age of 18 (eighteen) years;
    • provide your own equipment and internet access needed to enter and compete in the Challenge;
    • have no criminal record;
    • not, in any way, be affiliated with, or employed/contracted, by a competitor of Ayoba or any of its Affiliates;
    • be willing to provide to and verify to Ayoba and/ or any Organiser their personal information including, but not limited to, full name/s and surname, identity / passport / residence permit / social security number, age, physical residential address, mobile telephone number and banking details; 
    • allow the Organisers free and unfettered access to any materials that you create as part of the Challenge, including for the purposes of evaluation;
    • Ii applicable, declare on the Entry Form (as defined in paragraph 5.2 of these T&Cs) that you are entering the Challenge as part of a Group and each Participant in the Group meets the Conditions For Entry set out in these T&Cs.  There is no limit of the number of Participants that can create a Group together, but the minimum is two.  Each Participant must sign these T&Cs and submit an Entry Form.  We recommend that you do not have more than 10 members in a Group.  You may submit multiple entries and participate in multiple Groups, as long as each one meets these criteria and submits a valid Entry Form.  The members of a Group may not change after entry; 
    • not be an employee of Ayoba, its Affiliates or any Organisers, nor may you be an immediate family member of such a person;
    • submit your completed Entry Form before starting date of the Challenge; and
    • you must submit your Entry Form in English,

failing which, you shall be ineligible to participate in the Challenge and you will forfeit any Prize(s) (as defined below) if awarded to you.  You represent, warrant and undertake that by entering in or participating in this Challenge, you are eligible to do so.  The Organisers reserve the right to request proof that you have met any or all of the above eligibility requirements.   

  • Disqualification
    • Ayoba may disqualify, at its sole discretion, any entries or Participants that:
      • act in a manner that is in any violation of third party rights or the laws or regulations of any country, including South Africa;
      • make any false or inaccurate statements;
      • use inappropriate, racist, culturally divisive, unlawful, politically themed or explicit language, or images, or display content that Ayoba or the Organisers find objectionable for any reason, in their sole discretion;
      • for any reason that is not listed here, but in the sole discretion of Ayoba or the Organisers is a valid reason to disqualify a Participant; and/or
      • if a Participant’s conduct is contrary to the spirit or intention of the Challenge.
    • Should you be disqualified, you will not be able to participate in the Challenge and you will not be entitled to receive any Prize.  There is no appeals process.
  • Judging Criteria

The success of the Participants in the Challenge will be judged by the Ayoba Adjudicators and Organisers on the basis of the following factors, weighted equally:

  • Impact – creating a local gaming experience
    • Resourcefulness – How well did they use the resources provided to them
    • User Centricity – Checking that it designed it in a way that involves the user (user friendly)
    • Simplicity – How elegant is the solution
    • Wow Factor – Did they blow your socks off?
    • Security – is it secure and safe?
    • To the fullest extent permitted by law, Ayoba, its Affiliates and the Organisers do not have any liability to you for any losses, damages, liabilities, costs, expenses or charges, whether in contract, delict, including negligence, or otherwise in connection with the Challenge and/or these T&Cs. 
    • To the fullest extent permitted by law, Ayoba, its Affiliates and the Organisers will not be liable to you for:
      • any losses, damages, liabilities, costs, expenses (including but not limited to legal fees) or charges (whether arising in contract, delict, including negligence, or otherwise); and/or
      • any indirect, special, incidental or consequential damages or losses, including (but not limited to) loss of revenue, profit, business, reputation, anticipated savings or goodwill, arising from or in connection with your participation in the Challenge or under these T&Cs.
    • Nothing in these T&Cs limits or excludes or limits the liability of Ayoba, its Affiliates and the Organisers for fraud or fraudulent misrepresentation, personal injury or death caused by negligence, or any other liability that cannot be limited or excluded by law.
    • This clause 7 (as well as every other term and condition in these T&Cs) apply to the fullest extent permitted by applicable laws.  You may have additional rights under those laws, which differ or supplement the rights described above.  If this is the case, nothing in this clause 7 (or anything else in these T&Cs) should be interpreted to mean that you have forfeited these rights, where the law does not allow this.
  • Intellectual Property Rights
    • all patents, rights to inventions, copyright and related rights, trade-marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in models, rights in computer software, database rights (including rights of extraction), rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.”
    • Ayoba and each of its Affiliates shall retain all rights, title and interest in and to all Intellectual Property owned,  possessed, created or acquired by them, including related to any API’s (including development environments made available to you), and nothing in these T&Cs shall grant to you, or purport to grant to you any right in or to any such Intellectual Property.  For the purposes of these T&Cs, the “Affiliates” of Ayoba include means any person that its Controlled by, Controls, or is under common Control with Ayoba, for so long as such Control continues.  “Control” (including, with its correlative meanings, “Controlled by” and “under common Control with”) means, with respect to any person, any of the following (a) ownership, directly or indirectly, by such person of securities entitling it to exercise in the aggregate more than 30% of the voting power of the entity in question, or (b) the possession by such person of the power, directly or indirectly, (i) to elect member(s) holding more than 30% of the voting power of all members of the board of directors (or equivalent governing body) of the entity in question, or (ii) to direct or cause the direction of the management and policies of or with respect to the entity in question, whether through ownership of securities, by contract or otherwise.
    • Subject to the provisions of clauses 8.1 to 8.3, you, or in the event of a Group, the members of the Group, shall retain the full right, title and interest in and to the Intellectual Property rights subsisting in the materials, ideas, functionalities, information and/or applications you develop (collectively, your “App”) as determined by applicable laws.
    • In consideration for participating in the Challenge you hereby:
      • grant to Ayoba and each of its Affiliates an irrevocable, perpetual, royalty free, fully paid-up, transferable and sub-licensable licence to copy, adapt and use your App in order to run, adjudicate and promote the Challenge and in respect of any future promotional activites undertaken by, or for and on behalf of Ayoba or any of its Affiliates; and
      • consent to Ayoba or any of its Affiliates publishing your App and irrevocably agree that there is and shall be no obligation on Ayoba or any of its Affilaites to keep your App or any aspect thereof secret and/or confidential.
    • You acknowledge that Ayoba and each of its Affiliates are continuously working on the development of new products, services, materials, ideas, functionalities, information and/or applications and as such has an extensive range of concepts for products, services, materials, ideas, functionalities, information and/or applications  being assessed or under development at all times.  You acknowledge that no concept that is or becomes generally available to the public, or lawfully becomes known to Ayoba and/or any of its Affiliates, or is known to Ayoba and/or any of its Affiliates can be claimed to be proprietary in any way.
    • You specifically acknowlege and irrevocably agree that the submission of your App shall not in any way prevent, disqualify or otherwise limit the right and/or ability of Ayoba and/or any of its Affiliates to create, develop or enhance any products, services, materials, ideas, functionalities, information and/or applications, of whatever nature, or to allow any third party to make use of any infrastructure or services of Ayoba and/or any of its Affiliates to provide any products, services, materials, ideas, functionalities, information and/or applications to any third parties (including customers of Ayoba and/or any of its Affiliates).
    • In order to give effect to the above mentioned provision, you hereby irrevocably waive, release and forever discharge Ayoba, its Affiliates and their respective directors, employees and/or agents from any and all demands, actions, causes of action, complaints, suits, damages, losses, judgments, executions, orders and any and all claims, demands and liabilities whatsoever of any kind, whether in law or in equity, known or unknown, which you have or may have against any such party related to the use of your App.
    • Warranties:  You warrant, undertake and represent to Ayoba that:
      • your App is your own, original work;
      • to the extent that your App incorporates any third party subject matter, whether in terms of any open source licence or otherwise, you enjoy the lawful right to make use of such subject matter; and
      • to the best of your knowledge, your App does not infringe, violate or misappropriate the Intellectual Property rights of any third party.
    • You irrevocably agree that if so directed by Ayoba, in its sole discretion, you shall apply an Ayoba trade mark / logo – as directed by Ayoba – to the landing/home page of the App for as long as required by Ayoba.  The use of the Ayoba trade mark / logo shall at all times be subject to the direction and requirements of Ayoba.  Otherwise than as provided for in this clause, you shall have no right whatsoever to make use of the trademarks / logo of Ayoba or its Affiliates in any way.
    • You acknowledge and agree that the Organisers have the right to remove and/or reject your App for any reason, including where your App, in the opinion of the Organisers:
      • violates any rights of any third parties or that that encourages or induces the infringement of the rights of any third parties; or
      • in any way contains false or misleading information or claims.
    • Ayoba and the Organisers provide the Ayoba APIs (including the development environment) on an “as is” and “as available” basis.  To the extent permitted by applicable law, Ayoba, its Affiliates and the Organisers disclaim any and all warranties, express, implied or statutory, including warranties of accuracy, merchantability, fitness for a particular purpose, non-infringement, security, reliability, timeliness, and availability or performance. You understand and agree that you will use the Ayoba APIs (including the development environment) at your own discretion and risk and that you will be solely responsible for any damages, including but not limited to damages to any computer system or any loss of data, that arise from your use of the Ayoba APIs (including the development environment).
    • You stand a chance to win the following prizes
      • 1st Prize R15 000
      • 2nd Prize R10 000
      • 3rd Prize R5 000
  • The cash prizes will be paid in South African Rand as a total amount.
    • The winner will need to have a valid South African bank account in their own name in order to receive the prize.  For the avoidance of doubt, if a winner is a registered Group, the Prize amount will be divided equally amongst the number of Participants in such Group.  This clause is a strict rule and no deviation will be allowed.  Any deviation from this rule may result in forfeiture of the Prize.
      • All taxes and other expenses associated with the Prizes (collectively, the “Prizes”) are the winners’ sole responsibility.
    • After being awarded a Prize, should a winner not redeem his/her Prize within 3 (three) months, after being notified, as directed by the Organisers, his/her Prize will be forfeited.
    • The winners  will also receive complimentary co-working space at the Ayoba offices in Cape Town, as well as technical, marketing and development support, subject to the conclusion of a further agreement between these top three Groups or individual Participants (as the case may be) and Ayoba.
    • Selected Groups or individual Participants may also gain entry to the Solution Space E-track incubation program.
  1. General
    1. The judge’s decision is final and no correspondence will be entered into with a Participant after the judge’s decision has been made.
    1. By entering and participating in the Challenge, you agree that the Organisers may collect and process your personal information for purposes of this Challenge (including, but in no way limited to, processing and administering entries, sharing a Participant’s personal information with the Organisers’ service providers and contractors as necessary to conduct and operate the Challenge, communicating with and awarding prizes to winners, making public announcements about winners, advertising, promoting and publicising the Challenge, etc.).  You also acknowledge that your personal information may be transferred across jurisdictions which may not have privacy standards comparable to that in South Africa and that any such transfer or processing of your personal information is subject to the privacy policies of the Organisers and any third parties and understand that the use of your personal information by any such third party is subject to the applicable privacy policy, and that the Organisers are not responsible for such use.
    1. The Winners and runner ups consent to their name, image and likeness being used and published by Ayoba, its Affiliates and the Organisers in connection with Challenge.
    1. In the event of a dispute between you and any of the Organisers, the decision of Ayoba will be final and binding.  Ayoba shall be entitled to deal with such disputes (or any failure by you to follow these T&Cs) in its sole discretion, including that Ayoba shall be entitled, in addition to any other rights which it may have in terms of these T&Cs, to immediately disqualify you from participating in the Challenge.  By entering the Challenge and/or accepting any Prize, you hereby indemnify, release and hold harmless the Organisers (including their subsidiaries, holding companies and Affiliates), their directors, employees, agents, suppliers and contractors (collectively, the “Organiser Parties”) from and against any actions, claims and/or liability for injury, loss, damage, expense, claim or damages of any kind resulting in whole or in part, directly or indirectly, from participation in the Challenge, and/or the use, acceptance or possession of a Prize, and/or participation (or non-participation) in a Prize-related activity.
    1. Winners and runner ups agree that it is an express condition of the Challenge that in order to be eligible to redeem the Prize, the winner may be required to sign the appropriate acknowledgement of receipt of the Prize, as well as a further indemnity and/or waiver of liability.
    1. Participants who, in Ayoba’s sole determination, act unlawfully, fraudulently, in breach of these T&Cs or otherwise dishonestly, or that brings Ayoba’s reputation into disrepute or threatens to do so, may be disqualified from participating in the Challenge and shall not be eligible to win any prize.  Any attempt by you to interfere with or manipulate the Challenge may be a violation of criminal and/or civil law and may result, among other things, in your disqualification from the Challenge.
    1. Ayoba may, in its sole and absolute discretion, change, alter, modify, add, and/or remove portions of these T&Cs at any time by updating the contents of this Challenge Portal without notice to you. Any such amendments will come into effect immediately and automatically. You must review these T&Cs regularly for any such amendments. If you do not agree with these T&Cs, or any changes to the T&Cs, you may not participate in the Challenge.
  1. Your participation in the Challenge, and acceptance of any Prize, is entirely at your own risk.
  1. Ayoba will not return your Entry Form to you or provide you with a copy of your Entry Form.
  1. In addition to any other rights contained in these T&Cs,  Ayoba reserves the right to terminate the Challenge at any time with immediate effect.  If this is the case, the Organisers will place a notice on the Challenge Portal and it shall your responsibility to review the Challenge Portal.  In these circumstances, you hereby waive any rights which you may have against any of the Organiser Parties and acknowledge that you will have no recourse or claim of any nature against any of the Organiser Parties.
    1. The Organisers are not liable to you if your Entry Form is incomplete, contains any incorrect information and/or any technical failure occurs and this results in your Entry Form not being successfully submitted.