Terms and Conditions
- INTRODUCTION
The Interactive Advertising Bureau of South Africa (IAB) (Registration No. 2011/011625/08) (the “Association”) is the organiser, administrator and owner of The Bookmark Awards (the “Bookmarks”), which includes an annual award ceremony and related activities which promote and reward digital media and marketing excellence. The Association is also the owner and operator of the website located at www.thebookmarks.co.za (the “Website”).
These terms and conditions are binding on all persons that access the Website (referred to as “Users” and/or “Entrants”, as defined below). By entering the Website, the person accessing the Website agrees to be bound by these terms and conditions. Further, all persons or entities entering the Bookmarks (“Entrants”), agree to these terms and conditions. A person that enters the Bookmarks on behalf of another person or entity hereby warrants their authority to do so. The Association reserves the right to request proof of such authority and to disqualify the Entrant if no proof is furnished. If a person does not agree to these terms and conditions, such person may not enter, view or make use of the Website or enter the Bookmarks.
The Association may from time to time amend these terms and conditions without notice to a User or Entrant. The User or Entrant’s continued use of this Website or participation in the Bookmarks shall constitute their agreement to the amended terms and conditions.
- THE BOOKMARKS
Rules of the Bookmarks: All entries for the Bookmarks (“Entries”) are subject to the rules of the Bookmarks, as contained in these terms and conditions, any other applicable rules or terms and conditions on the Website and any amendment or update to any of the aforesaid. In the event of any contradiction between these terms and conditions and any other rules, terms or conditions on the Website, these terms and conditions will take precedence.
During the judging process, the decisions of the judges of the Bookmarks shall be final in regard to all matters or disputes relating to judging of entries and the awarding of awards. The decisions of the Board of Directors of the IAB and the Jury President of the Bookmarks shall be final regarding all matters or disputes that arise after the judging process has been concluded as well as all other matters that do not form part of the judging process, such as whether an Entrant is eligible to enter the Bookmarks, which category an Entry should fall in and whether an Entrant has complied with all entry terms and conditions.
Entry into the Bookmarks:
- Anyone involved in the creation, publishing or production of work (including directly from the brand, agency or production company) may enter work in the Bookmarks.
- More provisions about the works that qualify for entry, the submission guidelines, and the applicable categories can be found under “How to Enter” on the Website.
- The Entrant is responsible for obtaining any and all releases and consents necessary to permit the use and exhibition of the Entry and entered work for all purposes relating to the Bookmarks, the activities of the Association and as set out in these terms and conditions. The Association reserves the right to at any time request proof of such permissions. An Entry may be disqualified if such proof cannot be made available to the Association.
- All Entries must be approved by the relevant client for whom they were produced and all necessary permissions must be obtained. In particular, the client for whom the work was created must consent to entry of the relevant work into the Bookmarks and for it to be used in accordance with these terms and conditions. An Entry may not be entered if the work is subject to any agreements with third parties and/or other licenses and the necessary consents have not been obtained.
- The Association has the right to request written proof of the initial publication date, as well as written proof of all required permissions. On request by the Association, the Entrant must provide the Association with proof of such consent and the contact details of the relevant client’s representative. The Entrant grants the Association permission to verify whether the permissions mentioned above have been obtained.
- An Entrant must provide the Association with an entry confirmation form, in the form prescribed by the Association, signed by the Entrant’s Chief Executive Officer, Executive Creative Director or such other authorised representative as may be approved by the Association.
- An Entry may also not be entered if the Association will be required to make any payment to any person or entity, including, without limitation, any collecting societies or holders of performer’s rights, moral rights or any intellectual property rights.
- An entrant may not enter any work or Entry into the Bookmarks if it:
- infringes or violates the rights of any third party, including, without limitation, copyright, Trademarks, patents, trade secrets, contractual licensing rights, privacy rights, moral rights or any other intellectual property rights;
- violates any applicable local, provincial, national or international law or incorporates any content that would encourage or promote the violation of any law;
- promotes or incites intimidation or harassment of any individuals or groups of individuals or discriminates against any individuals or groups of individuals;
- contains pornographic or graphic sexual content, hateful content of any kind (such as sexism or racism) or promotes or incites violence or harm to any person or animal; or
- is offensive, obscene or inappropriate.
Ineligibility: Any Entry that has infringed any of its country of origin’s laws or voluntary or regulatory codes
(including codes of advertising or practice) is not eligible. In the case of South African entries, any advertisements
withdrawn or ruled against by the Advertising Standards Authority in terms of their Code of Advertising Practice
or other relevant code are not eligible for entry. In the case of editorial content, any published material ruled against by the Press Ombud or the Press Council’s Appeals Panel in terms of the Press Code are not eligible for
entry. It is the responsibility of the entrant to notify the Association if the Entry has been ruled against or
withdrawn, and to withdraw such work from the Bookmarks. If the Association has awarded an award in
respect of an Entry which is or becomes ineligible, the Association may withdraw such an award. The Entrant
shall ensure that all clearances in respect of the Entry have been obtained and shall provide proof thereof to the
Association upon the Association’s request.
Disqualification and sanctions: The Association reserves the right to reject or disqualify an Entry as well as all
other Entries of an Entrant if an Entry does not fully comply with the above provisions or any other provision of
these terms and conditions or any other terms and conditions, criteria, guidelines or requirements relating to
Entries, as amended from time to time (collectively the “Collective Rules”). If one or more awards have been
awarded to an Entrant and the Association determines that the Entrant did not comply with the one or more of
the Collective Rules, the Association shall be entitled to withdraw all awards awarded to the Entrant, whether or
not the Entrant’s other Entries comply with the Collective Rules. In such an event, the Association may also
impose additional sanctions on that Entrant, including, without limitation, the issue of a press statement, a
prohibition on representatives of the Entrant serving as judges of the Bookmarks, a prohibition on the Entrant
entering the Bookmarks for any period specified by the Association, and such other sanctions as may be
determined by the Association in its discretion. The Association shall in its sole and absolute discretion be
entitled to determine whether any Entry does not comply with one or more of the Collective Rules.
An Entrant may not tamper with this Website, interfere or tamper with or manipulate the judging or awards
process or interfere with the independence of the judges in any manner. The Association reserves the right to
disqualify any Entrant or Entry if the Association determines, in its sole and absolute discretion, that the Entrant
has interfered or tampered with the entry, judging or awards process or has interfered with the independence of
the judges.
License: By submitting an Entry into the Bookmarks, the Entrant grants the Association an irrevocable,
perpetual, royalty free, non-exclusive, sub- licensable, unconditional and transferable license throughout the
world to publish, reproduce, copy, transmit, broadcast, publicly perform, display, exhibit and/ or otherwise use or
reuse the Entry and the Entrant’s name, image, likeness, background and biographical material in any and all
media, including, without limitation, any publication, advertisement, marketing or promotional material, print,
digital or electronic media, the internet, any broadcast channel on the internet, audio and audio visual media and
television or radio station in any manner for purposes of promoting Association and the Bookmarks, by any
means by the Association. The Entrant also grants permission to the Association to show, copy or play the Entry
at such times as the Association deems appropriate. The Association shall be entitled to make available for
educational and reference purposes, including electronic publishing, any Entries. If any television or radio station
agrees to telecast a news or other program related to Bookmarks or the Association, the Entrant agrees to obtain
any permissions and to bear and pay for all talent or any other applicable charges incurred by inclusion of the
Entry in the program, if required. The Entrant waives and shall procure the waiver of all moral rights vesting in
or relating to the Entry. The Entrant waives and indemnifies the Association from any and all claims that may
arise based on moral rights or unfair competition relating to the Association’s use of the Entry.
Publicity: The Entrant grants the Association the right to use and announce the Entrant’s name, voice, likeness,
image and biographical data and any information relating to the Entry for promotional purposes relating to the
Association or the Bookmarks in perpetuity, in any media and in any part of the world.
Warranties: By submitting an Entry the Entrant warrants that it is entitled to grant the license referred to above
and that it has obtained all necessary permissions, usage rights and waivers of moral rights from all third parties
who contributed to or commissioned the Entry or were otherwise involved in the entry or the production thereof,
including without limitation the advertiser whose goods or services the Entry promotes, producers, directors,
photographers, illustrators and performers, together with the owners of any trade or service marks or any other
intellectual property, whether registered or not, which are included in or form part of the Entry. The Entrant also
warrants that the credits and information in the Entry are true and correct and that publication and use of those
credits and information will not infringe any moral or other rights of the Entrant or any third party.
Indemnity and Liability: The Entrant hereby indemnifies and holds harmless the Association, its sponsors and all
entities and persons associated with the Bookmarks against any liability, claims, damages, costs (including legal
fees and court costs expenses or penalties arising from or
relating to any breach or alleged breach of the aforementioned representations and warranties by the Entrant or
use of the Entry by the Association. The Entrant agrees that Association shall not be liable for any loss, damage,
injury, cost or expense arising from acts or omissions of Entrant, including but not limited to the payment of any
money owed to interested third parties, and the Entrant hereby indemnifies the Association against all such
losses, damage, injuries, costs and expenses.
The Association, the sponsors of the Bookmarks and all entities and persons related to the Bookmarks and their
employees, officers, contractors, consultants and associates shall not be liable for and the Entrant hereby
indemnifies and holds them harmless against any claim, liability, injury, cost (including legal fees), expense or
penalty suffered or incurred by any person as a result of entering and participating in the Bookmarks or
accepting or using any prize.
The Association and all persons and entities associated with the Bookmarks shall not be responsible to the
Entrant for incorrect or inaccurate entry of information, human error, technical malfunction or if any Entry is
submitted or received late, damaged, stolen, lost, incorrect, directed, undelivered, delayed or incomplete or does
not reach the Association.
Judging: The outcome of the Bookmarks depends on the skill shown in Entries. There is no element of luck or
chance involved in the awarding of awards. Not all entries will receive awards, and there may be no award given
in some categories. The Association reserves the right not to award any award if the Company or the judges
deem Entries to be of an insufficient standard.
Property of Entries: All documents, storage media and other material that accompany or forms part of an Entry
or are submitted with it will become the sole property of the Association. The Association will not return any
items entered or submitted to the Association and will not be responsible for any loss or destruction of or
damage thereto of whatever nature. The Association shall be entitled to dispose of, destroy, store or exhibit all
documents, storage media and other material forming part of or accompanying an Entry.
Right to Withdraw and Change Entries: The Bookmarks reserves the right, in its sole discretion, to reject any Entry, or move any Entry to an alternative category.
No Refunds on Entries: Under no circumstances will refunds of any fees or costs relating to Entries or entry into
the Bookmarks be issued to Entrants. The fees paid for Entries are intended to cover the costs of administration,
processing and judging the Entries and preparing the awards. Tickets to IAB events (including but are not limited
to the Digital Summit and the Bookmark Awards): No refunds will be given to ticket holders for any event. The
Association may choose, at its sole discretion, to resell tickets on the behalf of the ticket holder and in this
instance to refund the ticket holder, less an administration fee.
The Bookmarks ceremony: The Association may make changes to the Bookmarks ceremony without prior
notice, including changes to times. The ticket holder grants the Association and its agents an irrevocable, royalty
free, non-exclusive license throughout the world to publish and use any imagery of the ticket holder acquired or
taken during the Bookmarks ceremony, in any publication, advertisement, marketing or promotional material
(including television or radio station news or other programs related to the Association or the Bookmarks), for
the sole purpose of promoting the Association or the Bookmarks, by any means the Association chooses,
including and without limitation print, electronic media and broadcast. The Bookmarks reserves the right to make available for promotional, educational or reference purposes, including electronic publishing, any imagery of the ticket holder.
Use of Trademarks: All Entrants and Users agree not to use any of the trademarks, trade names and marks of
whatever nature owned or used by the Association from time to time in relation to The Bookmarks or anything
similar thereto (the “Trademarks”) without the Association’s prior written consent. Without limiting the
generality of the aforesaid, no Entrant or User may, without the Association’s prior written consent, use or refer
to the Trademark “The Bookmark Awards” or “The Bookmarks” or anything similar thereto in relation to any
event or party hosted or organised by the User or Entrant or include any of the Trademarks in the name of any
such event or party. The User undertakes to ensure that all of its clients, associated companies, employees,
consultants, contractors and agents comply with the aforesaid provisions.
- ONLINE TRANSACTIONS
Payment options accepted: Payment may be made via Visa or Master Card credit cards or by bank transfer into
the Association’s bank account, the details of which are provided at the payment interface.
Credit card acquiring and security: Credit card transactions can be made for the Bookmarks by PayFast, which
is the payment gateway for credit card payments. PayFast uses 3D Secure and a 3D Secure 2 as a layer of security
which protects credit card users against unauthorised use. Users may go to https://payfast.io/ for further
information. The merchant outlet country at the time of presenting payment options to the cardholder is South
Africa. The transaction Currency is ZAR (South African Rand). Alternatively, contact brittany@zuydam.co.za if you
prefer to make payments via EFT.
Pricing: The price of any entry (“the Entry Fee”) will be the price quoted on the Website in respect of any particular category. All Entry Fees shall only apply and be valid until the entry deadline stipulated in the Entry Guide on the Website.
- GENERAL
Ownership of website and intellectual property: The Website is owned by the Association and the User
acknowledges that the Association or its licensors are the proprietors of all intellectual property subsisting in,
pertaining to or used on the Website, including, without limitation, copyright, Trademarks, patents, inventions,
goodwill and trade secrets.
Website Use: The User may not, without the Association’s written prior consent, use, reproduce, adapt, distribute,
publish or in any other way deal or interfere with the intellectual property or the Website’s contents. The user
shall not infect the Website with viruses, worms, Trojan horses or any other code that has malicious,
contaminating or destructive properties nor shall the user damage, interfere with or intercept any data or
information contained on the Website. Access to this Website is made available for information purposes only. No
content, information, statement or opinion on this Website should be construed as any kind of advice.
The Association reserves the right to make any changes to the Website and its content and/or services offered
through the Website at any time and without notice. The Website may contain links to other websites. The
Association has no control over such websites, does not review their content and will not be liable for their
content or accuracy. The User accesses such websites at the User’s own risk and discretion. The User may not
link to this Website without the Association’s prior written consent.
No warranties or liabilities: The Association makes no warranties, whether express or implied, in regard to the
Website, its contents, accuracy or availability. Without limiting the aforesaid, the Association does not warrant
that the Website or any files that may be downloaded from it are free of viruses, worms, Trojan horses or any
other code that has malicious, contaminating or destructive properties. The User assumes all responsibility and
risk for the use of the Website. The Association shall not be liable for any loss, injury, damage, cost, penalty or
claim resulting from the use of the Website, whether direct or indirect, and whether or not the Association has
been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim. The User
hereby indemnifies the Association and holds it harmless against any and all liability, loss, damage, penalty, cost
or claim of whatsoever nature suffered by any third party in relation to any act or omission
by the User in relation to the Website and the use thereof by the User, and/or arising from the provisions of these
Terms and Conditions.
Country of domicile: This Website is governed by the laws of South Africa and the Entrant, User and the
Association submit to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg. The
Association chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in
respect of court process, notice, or other documents or communication of whatsoever nature, 95 Durham Avenue,
Salt River, 7925 South Africa.
Variation: The Bookmarks may, in its sole discretion, change this agreement or any part thereof at any time
without notice.
Disclaimer: The Bookmarks intends for the information and data contained in this Website to be accurate and
reliable, however, since the information and data have been compiled by the Association from a variety of sources,
it is provided “as is.” The Association expressly disclaims all warranties and/or conditions, express or implied, as
to any matter whatsoever relating to or referenced by the Website, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non- infringement.
- COPYRIGHT
Copyright subsists in all works, material, information, images and media contained in or on this Website. All
rights are reserved. No person may reproduce, distribute or modify this Website or any works, material,
information, images or media contained in or on this website in whole or in part in
any form or by any means without the prior written permission of the IAB. Unauthorised reproduction of
anything contained in or on this Website will constitute copyright infringement and will make the infringer liable
under both civil and criminal law.
- PRIVACY POLICY
The IAB SA takes reasonable steps to protect the personal information of users. “Personal information” means
information which identifies an individual.
To save you time and make our entry process even easier to use, some areas of the Website require you to register
your personal information. Here’s how it works: simply fill out a brief profile - your company/ agency/publication
name, address, phone number, and the person overseeing the entry process email and phone number; then
choose a password. The system saves your information. Next time you enter work into The Bookmarks, you can
simply enter your user name and password - the system will automatically look up the information it needs. This
reduces the need for you to continually input your details.
The Bookmarks may use your personal or other information to send you information that may be of interest to
you, and from time to time will mail or email information to you about us, our products and services, or our
partners and their products or services. If you do not wish to continue receiving this information you may
contact us and we will remove you from our mailing list.
These Terms and Conditions were updated on 01 February 2024.
If you have any entry queries, please send an e-mail to thebookmarks@iabsa.net.
If you have any technical queries, please call us on 011 772 1220 or send an e-mail to bookmarks@loeries.com.
