TERMS AND CONDITIONS

DISCOVER SPORT CLIP UPLOAD COMPETITION - TERMS AND CONDITIONS

1. INTRODUCTION

1.1 The Discover Sport Clip Upload Competition ("Competition") is organised by Discover Sport ("Organiser").

1.2 By participating in this Competition, participants agree to abide by these terms and conditions.

2. ELIGIBILITY

2.1 The Competition is open to all registered users of Discover Sport and is governed by South African law.

2.2 Participants under the age of 18 must have permission from a parent or legal guardian to enter.

2.3 Employees, ambassadors, or individuals monetarily affiliated with Discover Sport are not eligible to win prizes in this Competition.

3. ENTRY REQUIREMENTS

3.1 To enter the Competition, participants must upload a sport video clip over 60 seconds long to the Discover Sport platform before 31 March 2025 at 11:59pm.

3.2 Each uploaded clip that meets the Eligibility & Entry requirements listed above in clauses 1.2 and 3.1 automatically enters the user into the competition.

4. PRIZE

4.1 One winner and two runners-up will be selected and will each receive a cash prize of $300, $200, and $100 respectively, and the stipulated amounts will be paid via EFT to the winners, either in dollars or in the dollar equivalent currency of the winners country of residence, such a decision will be at Discover Sports sole discretion. The rate of exchange will be determined by Discover Sport and its designated bank on the date of payment and is not negotiable.

4.2 The prizes are non-transferable and non-exchangeable.

4.3 Discover Sport reserves the right to substitute the prize with an alternative prize of equal or greater value at its sole discretion.

5. WINNER SELECTION

5.1 The winner will be selected from all eligible entries prior to the deadline listed in clause 3.1 above.

5.2 The winner announcement will take place on 9 April 2025, and the winner will be notified within 24 hours.

5.3 The winner will be contacted via the email address associated with their Discover Sport account.

6. NOTIFICATION AND CLAIMING OF PRIZE

6.1 If the winner does not respond within 3 days of being notified, Discover Sport reserves the right to select an alternate winner.

6.2 The prize will be paid to the winner within 30 days of their response.

7. RIGHTS AND PERMISSIONS

7.1 By entering the Competition, participants grant Discover Sport the right to use their uploaded video clips for promotional and marketing purposes.

7.2 Participants must ensure that their uploaded video clips do not infringe on any third-party rights, including copyright and privacy rights, and complies with the Discover Sport platform Terms & Conditions and Community Guidelines.

8. GENERAL CONDITIONS

8.1 Discover Sport reserves the right to modify, suspend, or terminate the Competition at any time without prior notice.

8.2 Discover Sport is not responsible for any technical issues, including but not limited to network failures, that may affect participation in the Competition.

8.3 Discover Sport's decisions regarding all aspects of the Competition are final and binding.

9. PRIVACY

9.1 Personal information collected from participants will be used solely for the purpose of administering the Competition and in accordance with Discover Sport's privacy policy.

10. CONTACT INFORMATION

10.1 For any enquiries regarding the Competition, please contact support@discoversport.com.

DISCOVER SPORT PROPRIETARY LIMITED

(hereinafter referred to as “Discover Sport”, “us”, “our” or “we”)

PLATFORM TERMS OF SERVICE (EFFECTIVE: [July 2024])

YOUR CONTINUED USE OF OUR SERVICES INDICATES THAT YOU HAVE THE REQUISITE AUTHORITY TO ENTER INTO AND HAVE BOTH READ AND ACCEPT THESE TERMS OF SERVICE WHICH, ARE ALSO INCORPORATED UNDER OUR FOLLOWING TERMS AND CONDITIONS (collectively “T&Cs”):

See: Acceptable Use Community Guidelines

See: Privacy Notice

See: Rewards Programme Terms [Link] 

The Discover Sport Platform is a community driven Content upload and viewing platform focusing on sporting activities, where you can upload, view and/or comment on Content. The Discover Sport Platform aims to provide a friendly, safe and healthy environment to connect with fellow sports enthusiasts and accordingly our T&Cs (which include these Terms of Service) are core to realising this vision and ensuring enjoyable use of our Service.

Discover Sport simply provides the Platform and allows third parties/ everyday persons to upload their sporting Content for the enjoyment of others, to engage with other Users and to build followers.  The Content on the Platform does not necessarily reflect the opinion of Discover Sport and your use of the Platform is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

1. DEFINITIONS

For the purposes of our T&Cs: 

Content includes, but is not limited to, any information, data, communication, commentary, videos, stock images or footage, materials, writings, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, domains, location data, trademarks and other intellectual property posted on the Platform by a User.

Discover Sport”, “us”, “our” or “we” means Discover Sport (Pty) Ltd (Registration number: 2023/921669/07) having its registered address at 76 Kyalami Boulevard, Kyalami Park, Gauteng, South Africa, and the owner of the Discover Sport Services;

Discover Sport Content means Content that we create and make available in connection with the Platform;

Platform includes any website and/or any related (and/or enhanced) mobi-sites, software applications, embeddable video players or any other portals specifically made available by Discover Sport in relation to this platform;

Services includes the provision of the Platform to Users, the Discover Sport rewards programme and any supporting services;

Third Party Content means Content that originates from parties other than Discover Sport or its Users, which is made available in connection with the Platform;

Uploaders are those persons who create an account and post and/or upload Content to the Discover Sport Platform;

Users are both Uploaders and Viewers (including anyone who browses, scrapes, crawls or in any way uses the Platform);

User Content means Content that Users submit or transmit to, through, or in connection with the Platform, but excludes any approved advertising on the Platform;

Viewers are those persons viewing any Content of Users on the Platform; and

you means, unless the context indicates otherwise, any User of our Services.

2. AGE REQUIREMENT, PARENTAL CONSENT AND CONTENT DEPICTING MINORS

2.1. Age Requirement

You must be at the legal age of majority in your country of residence to create an account, upload Content and/or use our Services as a User. By using our Services, you warrant that you have full legal capacity to do so, to share your personal information and to sign up to our T&Cs.

2.2. Parent or Guardian Consent

If you are not the legal age of majority in your country of residence, you must have your parent or legal guardian’s permission to use the Services. Please have them read the T&Cs.

If you are a parent or legal guardian of a minor User, by allowing your child to use the Services, you are subject to our T&Cs and responsible for your child’s activity on our Services.

2.3. Disclosure of Minors Personal Information in Content 

Due to the nature and Content posted on our Platform, you may provide us with personal information related to a minor. These persons being minors, as legally defined are afforded additional protections under the applicable law. 

To the extent that any personal information of a minor is contained in any Content you post or upload to our Platform you: 

warrant that you are a competent person and are authorised to consent to the disclosure and processing of such child’s personal information, on their behalf (you consent as their parent or guardian or otherwise authorised person);

warrant that you are using our Services for a legitimate (and not harmful) purpose; and

in so far as you are the parent or guardian of the minor depicted or mentioned in the Content, consent to the processing of your minor child’s personal information.

3. CONSUMER DISCLOSURES

We draw all User’s attention to the fact that the T&Cs contain provisions that:

limit our and/or other third parties’ liability towards you;

place certain assumptions of risk on you (including certain undertakings and indemnifications) towards us and/or other third parties; and

includes certain admissions of facts.

It is therefore important that you read them carefully.

Nothing in the T&Cs is intended to contravene the applicable provisions of the Consumer Protection Act, 2008 or any similar legislation in any applicable jurisdiction. These T&Cs must be treated as being qualified, to the extent necessary, to ensure compliance with all applicable laws.

4. UPLOADER ACCOUNTS

In order to register for and use the Services as an Uploader, you will be required to create an account.  You will receive an email to verify your email address. You will be automatically entered into our rewards programme where you can earn ByteBucks and redeem them with our carefully selected partners. Please see our Rewards Programme Terms. If you do not want to be part of the rewards programme, please contact us at [insert email]. 

In completing the application process, you warrant that that your login details will only be used for personal use and not disclosed to any other third-parties. Where you are an organisation, the person who registers the account or otherwise uses our Services must have the authority to bind the organisation and in completing the application process warrants such.

You will be responsible for safeguarding and protection your login credentials and bound by and liable for any activity on the Platform done under or using your login credentials (irrespective of whether such was fraudulent or unauthorised) and you indemnify us against any and all loss, damage or claims arising in this respect.

You are responsible for keeping your device and your Discover Sport account secure and must immediately notify us in the event of any unauthorised use or a security breach with regard to your account or our Services. 

Unless otherwise expressly allowed by Discover Sport, you may not sell, rent, lease, transfer, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account.

Discover Sport may permit you to register for and log on to the Services via certain third-party services (e.g. Google, Facebook/Meta etc.). In such instances the third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. 

5. PROHIBITED USE

You agree to use our Services only for lawful purposes and activities and in accordance with our Acceptable Use Community Guidelines Discover Sport prohibits any use of its Services which may violate any organisation or person’s rights, safety, mental or physical wellbeing, or any applicable laws. Please read our Acceptable Use Community Guidelines to ensure that you understand what is and what is not acceptable use of our Services.

Furthermore, you must not access, use, modify, distribute, transfer, or exploit our Services in unauthorised way, or in a way that may harm Discover Sport, our Services, or systems, this includes, but is not limited to:

Gaining or trying to gain unauthorised access to our Services or systems.

Disrupting the integrity or performance of our Services in any way.

Sending, storing, or transmitting viruses or other harmful computer code through or onto our Services.

Creating accounts for our Services through unauthorised or automated means.

Collecting information about our Users in any unauthorised manner; or (e) sell, rent, or charge for our Services.

6. DEVICES, SOFTWARE AND UPDATES

In order to use the Services, you will need certain devices, software, and internet connections. Where applicable and in order to enable new features and enhanced functionality, you agree to manually or automatically download and install updates to our Services. In this regarding, you may receive Service related in-application notifications from us from time to time.

You are responsible for data, internet and mobile carrier charges and any other charges and taxes associated with use of our Services.

7. AVAILABILITY OF OUR SERVICES

We do not guarantee the availability of our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. 

Furthermore, we may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

8. THIRD PARTY SERVICES AND ADVERTISING

Our Services may allow you to access, use, or interact with third party websites, apps, content, and other products and services. We are not responsible for the acts, content or privacy policies of these third-party websites. When you use third party services, their terms and privacy policies govern your use of those services.

Discover Sport and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

9. INTELLECTUAL PROPERTY

9.1. Uploader Content

You alone are responsible for your Content and any consequences that flow therefrom.

You warrant and represent that you are the owner or have the necessary approvals, rights and licences to any in Content that you submit on our Platform or through our Services and the right to grant any rights and licenses in respect of the Content as specified in our T&Cs. This includes but is not limited to any personal information of any person in the Content. 

You grant us and our sub-licensees an unrestricted, worldwide, non-exclusive, sub-licensable and royalty free licence to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content (including without limitation using it for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such Content. 

You also grant other Users of the Service a worldwide, non-exclusive, royalty-free licence to access Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

You irrevocably waive, and cause to be waived, against Discover Sport and its Users, any claims and assertions of moral rights or attribution with respect to your Content.

9.2. Third Party Intellectual Property Infringement

Discover Sport accepts no liability whatsoever for any Content posted on its Platform that infringes any third party intellectual property rights. If you believe that any Content has infringed any of your intellectual property rights, please please contact us on support@discoversport.com. 

9.3. Discover Sport Content

The Content of our Services (excluding Uploader Content) are owned by us or licensed to us. You are prohibited from using our Content unless you have our written permission. To obtain permission, please contact us on support@discoversport.com. 

Discover Sport grants you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable licence to access and use our Services in accordance with our T&Cs. 

9.4. User Content

As between you and Discover Sport, you own your Content.

You assume all risks associated with your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you or the persons therein personally identifiable.

You understand that you may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

10. DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, TIMELINESS, OPERATION, INTEGRITY, AVAILABILITY OR FUNCTIONALITY OF OUR SERVICES OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION ON OUR SERVICES.

ALL INFORMATION PROVIDED VIA OUR SERVICES BY US IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, OR NON-INFRINGEMENT, AS MAY BE ALLOWED IN LAW. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS CONTAINED IN OUR SERVICES.

IN ADDITION TO THE DISCLAIMERS CONTAINED ELSEWHERE IN OUR T&CS, WE ALSO MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, THAT THE SERVICES ARE FREE OF VIRUSES, SPYWARE, MALWARE, TROJANS, DESTRUCTIVE MATERIALS OR ANY OTHER DATA OR CODE WHICH IS ABLE TO CORRUPT, DESTROY, COMPROMISE OR JEOPARDISE THE OPERATION, STABILITY, SECURITY FUNCTIONALITY OR CONTENT OF YOUR DEVICES.

WE MAKE NOT CLAIMS OR PROMISES AND ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING, BUT NOT LIMITED TO, ANY CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE ADVERTISERS LISTED OR FEATURED ON THE PLATFORM. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.YOU HEREBY INDEMNIFY US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY USERS OR THIRD PARTIES. 

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE PLATFORM , RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE PLATFORM

11. INDEMNIFICATION

You hereby, indemnify, and hold us, our affiliates, directors, officers, employees, partners and agents harmless from and against all liabilities, damages, losses, expenses of any kind (including reasonable legal fees and costs) and third party claims relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information and Content provided in connection therewith; (b) your breach of our T&Cs or applicable law; or (c) any misrepresentation made by you. 

12. LIMITATION OF LIABILITY

DISCOVER SPORT, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR T&Cs, US, OR OUR SERVICES. 

OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR T&CS, US, OR OUR SERVICES WILL NOT EXCEED ONE THOUSAND RAND (ZAR1000). 

THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

13. REMOVAL OF CONTENT AND/OR TERMINATION OF ACCOUNT

You may terminate the Services at any time by deleting your account. 

You may remove your Content at any time. 

The licences granted by you continues until the Content is removed, except where your Content (or any portion thereof) is required for operation of the Service, the use by us of your Content was permitted before your removal, or the law requires us to retain your Content.

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason in our sole discretion, including, but not limited to, in the event that we believe you have breached any of our T&Cs or caused, or may cause, harm or loss to us, our Users or any third parties.

We may also remove any of your Content which we believe, in our sole discretion, breaches any of T&Cs or may cause harm to us, our Users or any third parties. 

14. ENFORCEMENT RESTRICTIONS

We are under no obligation to enforce the T&CS on your behalf against another User. While we encourage you to let us know if you believe other Users have violated the T&Cs, we reserve the right to investigate and take appropriate action at our sole discretion.

15. PROCESSING OF PERSONAL INFORMATION AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (ECT ACT)

The processing of your personal information will be in line with applicable law and our Privacy Notice /static/privacy/. 

16. ENTIRE AGREEMENT

Our T&Cs comprise the entire agreement between you and us regarding the use of our Services and supersede any prior agreements.

17. SEVERABILITY

If any provision of our T&Cs is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from our T&Cs and shall not affect the validity and enforceability of the remaining provisions of our T&Cs.

18. GOVERNING LAW AND JURISDICTION

These T&Cs and any non-contractual obligations arising in connection with the Services are governed by and construed in accordance with South African law, and appropriate courts of Gauteng shall have exclusive jurisdiction to determine any dispute arising in connection with our T&Cs.

19. NOTICES AND DOMICILIUM

19.1. For the purposes of legal proceedings and for giving or sending any notice the parties choose the following addresses: 

19.1.1. Discover Sport:  76 Kyalami Boulevard, Kyalami Park, Gauteng, South Africa and email address: info@discoverdigital.co.za 

19.1.2. You: the email address specified when you register on the Platform.

19.2. All legal processes and notices sent to Discover Sport must be marked for the attention of the MD and, without derogating from the aforegoing, must include an email to privacy@discoversport.com 

19.3. Any written legal notices or process required in terms of this clause given by you to Discover Sport, in respect of a legal proceedings arising from the T&CS shall only be satisfied if such notice is given in a written, paper based form. The provisions of the Electronic Communications and Transactions Act 25 of 2002 are expressly excluded and any process or notice sent electronically will not be valid unless the contrary is proven if the notice has also been delivered by hand or courier, be deemed to have been received by the addressee on the date of delivery.

19.4. Except for the notices specified in clause 19.3, all other notices may be sent electronically to the email addresses specified in clause 19.1.

20. AMENDMENTS

We may amend the T&Cs or documents/policies/terms and condition incorporated under our T&Cs by reference or any other terms and conditions and documents necessary for use of the Services from time to time. 

To the extent permitted by applicable law, any such amendment will come into effect and become binding when notice of the change is given, which shall be done by publication on the Platform. It is your responsibility to check the application often. 

Your continued use of the Services confirms your acceptance of our amended terms. Should you not agree to our amended terms, you must stop using our Services.

21. CONTACT US

If you have any questions regarding any of our T&Cs or have any objection to any Content posted to our Platform, believe your intellectual property rights have been infringed by User or wish to invoke any data subject rights you may have, please contact us at:

Email: support@discoversport.com 

Telephone: +27 87 059 7678

© DISCOVER SPORT (Pty) Ltd (Registration number 2023 / 921669 / 07)

Copyright Warning Notice

Copyright subsists in this work. Any unauthorized reproduction, adaptation, publication or any other unlawful act of or in relation to any material that is proprietary to DISCOVER SPORT (Pty) Ltd in which copyright subsists, including, without limitation, the copyright warning notices, DISCOVER SPORT (Pty) Ltd identifiers, or other proprietary labels or material, is an act of copyright infringement and makes the person committing such conduct liable for civil law copyright infringement and may, in certain circumstances, make such person liable to criminal prosecution.