Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY, AS THEY APPLY TO YOUR APPLICATION AND PARTICIPATION IN THE COMPETITION (AS DEFINED BELOW). BY SUBMITTING YOUR APPLICATION (AS DEFINED BELOW), YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THEM.

https://africasnextyoungmillionaire.com (the “Site”) is the online platform an initiative of Basil David Anthony Foundation (hereinafter referred to as the “BDA”, “we”, “us”, “our” etc as the context so admits.)

These Terms are incorporated into the Disclaimers by reference. Any terms used in these Terms will have the same meanings as those in the Disclaimers unless otherwise specified. In the event of any conflict between these Terms and the Disclaimer, the Disclaimer will prevail.

 

1. Definitions

 

Capitalised terms used in these Terms shall have the following meanings:

“BDA Content”

means any data, content, material or information, in any format whatsoever, including (without limitation) any marketing materials, adverts, promotional materials, posters, text, software, images, graphics, photos, videos, sound recordings, audio and video recordings, directories, databases or listings, that are in relation to the Competition(s) and were created by or on behalf of BDA, or which are made available on or through the Site;

“Contestant(s)”

means an applicant entrepreneur(s) who has been accepted and registered by or on behalf of BDA for participation in the Competition in order to compete to receive the investment;

“Event”

means the day the applicant entrepreneur(s) pitch their business to the judges;

“IP Rights”

means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, image rights, copyrights, moral rights, design rights, rights in software, database rights, rights in designs, inventions, semiconductor topography rights, rights to use, and protect the confidentiality of, confidential information, know-how, trade secrets and all other intellectual property rights which subsist or will subsist now or in the future in any part of the world, in each case whether registered or unregistered, exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;

“Judges”

means the individuals selected by BDA to consider the business pitches presented by the applicant entrepreneur(s), and who will determine which entrants will be given investment.

“Premises”

means the premises at which the event, or any press conferences, promotional events or workshops related to the Competition are held;

“Services”

means the services provided by us which includes the use of the Site, the Competition and any other events or activities organized by us at any time;

“Third Party Materials”

means any materials, information and/or content (in any format whatsoever) provided, uploaded, transmitted, submitted to BDA (including through our Site and our social media groups) or posted by or sourced from any third party;

“You” or “Your”

means you (in your capacity as the founder or co-founder of the company) and your company applying to register for the Competition, and the person who is using the Site and/or applying to register for the Competition;

“Your Application”

means the application form submitted by you via the Site, for participation in the Competitions as a Contestant which complies with the eligibility criteria set out in Clause

 

2. Registration

 

  1. You understand and agree that not all applications for participation as a Contestant in the Competition will be accepted by BDA if the application does not meet our criteria. BDA retains its sole discretion in deciding whether to accept Your Application.
  2. You acknowledge and agree that You can only participate in the Competition as a Contestant if:
    1. You fill the registration form on the Site;
    2. You meet all of the following eligibility criteria:
      1. Your company is Africa-Based – i.e. the business is registered and headquartered in an African country, and primarily operates in Africa
      2. You are the Founder or a Co-Founder of the eligible company.
      3. You have traceable/provable African nationality. In other words, you have/had African citizenship or your parent or grandparent is/was an African citizens. we may ask you to provide documentary proof that you meet this eligibility criteria.
    3. You have submitted Your Application by the deadline: midnight July 31st 2024, 23:59:59 GMT (or such other date as announced by us on the Site).
    4. You are willing to take part in marketing activities during and after the Competition. This will include but is not limited to taking part in interviews, participating in social media activities or other campaigns.
  3. If You wish to participate in the Competition as a Contestant, then You must submit Your Application via the relevant registration page on the Site, and any supporting documents requested by BDA from time to time. Your Application must be submitted on or before the relevant application deadline stated on the Site in order to be considered by BDA. Applications will not be considered if they are received after the registration deadline set out in Clause 3(ii)(c).
  4. BDA has the sole discretion to determine whether or not to accept or reject Your Application, for any reason whatsoever, with no liability to You.
  5. You represent and warrant that all information and materials submitted by You in relation to Your Application and any supporting documents shall be complete, up-to-date and accurate, and shall not infringe the rights of any third parties. Upon becoming aware that any information or materials provided by You to BDA are no longer complete, up-to-date or accurate or if any of the information has changed, You shall promptly notify BDA in writing at info@anym.global

 

3. Code of Conduct

 

You agree to behave in such a way as to create a safe, supportive environment throughout your participation at the Competition(s) and any related Event(s). You agree not to engage in disruptive speech or behavior or otherwise interfere with the Competition(s) or other individuals’ participation in the Competition(s). You will comply with all applicable laws (including but not limited to those laws applicable to your domicile, residency or company operations and those laws applicable in the country in which the Events are being held) and agree not to engage in any form of harassing, offensive, discriminatory or threatening speech or behavior, including relating to race, gender, sexual orientation, religion or disability. We may require Contestants engaging or threatening to engage in such behavior to leave the Competition(s) or a related Event immediately. If You witness such behavior, please promptly contact our staff member so direct action can be taken. This Code of Conduct applies to all individuals, co-founders, employees or consultants of your team.

Specifically, You agree that You shall:

  1. not contravene or infringe any third party’s rights, including but not limited to BDA’s IP Rights or the IP Rights of any other Contestant;
  2. not engage in any activity that interferes with, disrupts or adversely affects the Competition or other Contestants’ participation in the Competition;
  3. not engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene, dishonest, discriminatory, immoral or menacing behaviour;
  4. not make any statements, comments or issue any materials that are derogatory, defamatory or adverse to the reputation of any member of BDA
  5. comply at all times with any requirements or restrictions related to Your access to the Premises, and all rules and procedures issued by BDA or its authorised partner in relation to the Competition;
  6. not copy, modify, reproduce, download, re-publish, sell, distribute or create derivative works from any BDA Content (in whole or in part);
  7. not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down, monitoring or gaining unauthorised access to the Site;
  8. not take any action or allow any third party to take any action that would enable You, or any third party, to gain unauthorised access to, monitor or to tamper with or use any computer systems or networks of BDA or any third parties; and
  9. use the Site and any BDA Content only for purposes that are expressly permitted by these Terms.

 

4. Information About You

 

Your contact details and other personal information will be handled in accordance with the information handling practices described in the Privacy Policy. You consent to the collection, use and disclosure of the information You enter when registering for the Competition(s) by us and our affiliates in accordance with that Privacy Policy. If You opt in to receive promotional materials from us, we will use Your contact information to send details and announcements to You related to the Event, and communicate with You about any of our other offers, Events or Services.

 

5. License To Use Items

 

In consideration of the opportunity to participate in the Competition, You hereby grant BDA a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, assignable, transferable and fully sub-licensable license to store, use, reuse, copy, reproduce, process, edit, modify, adapt, reproduce, publish, display, circulate, distribute, create derivative works from, incorporate into any BDA Content, translate, transmit and disseminate the following (“Your Content”):

  1. any data, material, information, trade marks, trade names or logos or any other IP Rights, provided, uploaded, submitted or presented by You (in any format whatsoever) to BDA or its service providers, or via the Site or any social media platform or through any other portal made available from time to time in relation to the Competition, and or otherwise in connection with or during the Competition; and
  2. any photographs, images, videos, audio and/or sound recordings, that BDA or its service providers make, create, live stream, broadcast or record of You, your employees and/or representatives in connection with the Competition,

in any form, media or technology whatsoever, for the purposes of administering, organising, providing, hosting, fulfilling, promoting, marketing, advertising and/or showcasing the Competition in any part of the world, and as otherwise permitted under these Terms.

You represent, warrant and undertake that You have all the rights, power and authority necessary to grant the license described in this Clause without infringement or violation of any third party rights. You agree that You are responsible for protecting and enforcing Your own IP Rights and BDA have no obligation to do so on Your behalf.

You agree that You waive, and have obtained all waivers from your employees and representatives of, any and all moral rights in Your Content in favour of BDA.

BDA reserve the right (but shall have no obligation) to remove, pre-screen, review, flag, filter, modify, refuse or use any of Your Content, at its sole discretion.

BDA will be entitled to licence Your Content to any licensee for the purposes of fulfilling BDA’s obligations under these Terms. Accordingly, You provide the following consent to BDA, its affiliates and sub-licensees to take photos, digital images, audio and/or video footages of you, and to use your Image (defined below) in any form of media for the purpose of promoting the Competition, BDA and/or Africa entrepreneurship. The term “Image” refers to the full set of attributes of your personality, including but not limited to your image, voice, family name and forenames, tagline, catch-phrase, signature and business name / logo.

  1. You grant BDA an exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, assignable, transferable and fully sub-licensable license to all present and future rights, title and interest in all intellectual property (including, without limitation, any trademark, copyright, publicity, and database rights, and the right to prepare derivative works) you have in your Image, to store use, reuse, edit, modify adapt, reproduce, display, host, publish, circulate, or distribute your Image as BDA deems appropriate in its sole and absolute discretion.
  2. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights. BDA is not obligated to submit any promotional and other materials to you, or your organization for approval, or to produce, distribute or utilize any of the rights granted herein.
  3. You irrevocably and unconditionally waive any and all moral and similar rights vesting in your Image to the extent legally permissible.

 

6. Confidentiality

 

  1. You understand and agree that Your Content is not confidential and may be disseminated and disclosed by BDA, its partners, and its sub-licencees pursuant to Clause 9, and may become known to the public (including, without limitation, when members of the public attend the Competition(s) or view any promotional or marketing materials).
  2. BDA shall not be responsible for and assumes no liability to You to maintain the confidentiality of any of Your Content. It is Your obligation to ensure that no proprietary or confidential information or materials are provided to BDA, as this will be subject to Clause 9.
  3. For the avoidance of doubt, this Clause 10 is without prejudice to the Privacy Policy.

 

7. BDA’s IP Rights

 

  1. You acknowledge and agree that as between You and BDA, all rights, title, interest and IP Rights in relation to the Competition(s), the BDA Content and the Site are owned exclusively by BDA or its third party licensors.
  2. You have and will have no rights, title or interest in relation to the Competition(s), the Site or the BDA Content (excluding Your Content).
  3. You shall not use any IP Rights of any member of BDA, and nothing in these Terms shall be construed as granting You any rights to such IP Rights. You shall not use any IP Rights, image, content of any third party without that third party’s prior written authorisation. You shall not use any IP Rights, image or content in a way that is likely or intended to cause confusion about the owner or authorized user of such IP Rights, images or content or challenge their validity.

 

8. Third Party Materials

 

  1. You acknowledge and agree that BDA shall not be obligated to (but reserves the right at its sole discretion to) actively monitor or exercise any control whatsoever over any Third Party Materials. BDA does not endorse, verify, otherwise certify or monitor any Third Party Material, including any that may be incorporated in the BDA Content.
  2. The Site may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to BDA. You understand and agree that:
    1. BDA has no control over, does not monitor and does not endorse such third party websites, content, or resources; and
    2. BDA makes no guarantee or warranty, and is not responsible for any such external websites, content or resources (or any products, goods or services promoted, referred to or offered on such external sits or resources).

 

9. Assumption of Risk

 

You acknowledge and agree that Your attendance and participation in the Competition(s) is voluntary and at Your sole risk. To the extent permitted by law, BDA disclaims any and all liability in relation to Your participation in the Competition(s) or your attendance at the Premises or your attendance at any Event, or in relation to any other act or service required under these Terms..

 

10. Disclaimers

 

  1. The BDA Content are for your general reference only, and are not intended to amount to any advice on which you should rely.
  2. YOUR PARTICIPATION IN THE COMPETITION AND YOUR USE OF THE BDA CONTENT AND THE SITE, ARE AT YOUR SOLE RISK AND SUCH IS PROVIDED “AS IS” AND “AS AVAILABLE”.
  3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BDA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND IN RESPECT OF THE COMPETITION, THE SITE AND ANY BDA CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, COMPLETENESS AND ACCURACY.
  4. WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 14.iii. ABOVE, BDA MAKES NO REPRESENTATIONS OR WARRANTIES:
    1. AS TO THE ACCURACY, QUALITY, COMPLETENESS, CURRENTNESS, ADEQUACY, RELIABILITY OR VALIDITY OF THE BDA CONTENT;
    2. THAT THE BDA CONTENT, THE SITE, OR THE COMPETITION ARE FREE OF DEFECT, ERROR, OMISSION OR VIRUS;
    3. THAT YOUR USE OF THE SITE OR THE BDA CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
    4. THAT DEFECTS, DEFICIENCIES OR ERRORS IN THE SITE, THE BDA CONTENT OR THE COMPETITION WILL BE CORRECTED.

 

11. Liability

 

  1. Nothing in these Terms, shall exclude or restrict any warranty or liability for death or personal injury caused by BDA’s or Your negligence, for fraud or fraudulent misrepresentation or that may not be lawfully excluded or limited by the laws applicable to You including the countries of domicile, residency and company operations and the laws applicable in the countries where the Event is held. Only the limitations and/or exclusions that are lawful under the applicable law will apply, and BDA’s liability will be limited to the maximum extent permitted by the applicable law.
  2. BDA SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES WHATSOEVER (INCLUDING WHETHER GENERAL, SPECIAL, INDIRECT, DIRECT, NOMINAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INCLUDING LOSS OF PROFIT; LOSS OF REVENUE; LOSS OF TIME; LOSS OF ANTICIPATED SAVINGS; LOSS OF OPPORTUNITY; LOSS OR CORRUPTION OF DATA; LOSS OF USE; LOSS OF BUSINESS; WASTED EXPENDITURE; LOSS OF OR DAMAGE TO PHYSICAL PROPERTY; BUSINESS INTERRUPTION; LOSS OF OR DAMAGE TO GOODWILL, WHICH MAY ARISE IN RELATION TO THESE TERMS, THE COMPETITION, THE SITE, THE BDA CONTENT OR THE PREMISES, any access, use and/or inability to use the site or the Services; reliance on any data or information made available through the site and/or through the Services; any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and any use of or access to any other website or webpage linked to the site, WHETHER OR NOT BDA WERE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS.
  3. WITHOUT PREJUDICE TO CLAUSE 14 OR THE GENERALITY OF CLAUSE 15.ii, BDA SHALL NOT:
    1. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES SUFFERED BY YOU (HOWEVER ARISING, INCLUDING (WITHOUT LIMITATION) AS A RESULT OF NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE COMPETITION, THE SITE, THE BDA CONTENT OR THE PREMISES; OR
    2. BE LIABLE FOR ANY CHANGES OR AMENDMENTS TO OR CANCELLATION OF THE COMPETITIONS (IN WHOLE OR IN PART).
  4. WITHOUT PREJUDICE TO CLAUSE 15.ii AND CLAUSE 15.iii, SOLELY TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION ISSUES A DECISION THAT CLAUSE 15.ii AND CLAUSE 15.iii ARE INVALID OR UNENFORCEABLE, BDA ‘S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE COMPETITION, THE SITE OR BDA CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED USD100 (one hundred US dollars).

 

12. Governing Law

 

These Terms (including its interpretation and any disputes relating to it) shall be governed by the laws of United Arab Emirates, and are subject to the non-exclusive jurisdiction of the courts of United Arab Emirates.

 

13. Severability

 

If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms.

 

14. Entire Agreement

 

These Terms contain the entire agreement between You and BDA in respect of its subject matter.

 

15. Waiver

 

A failure or delay by BDA to exercise any right or to act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by BDA of any of its rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated therein.

 

16. Assignment

 

You may not transfer any of Your rights or obligations under these Terms without the prior written consent of BDA. BDA may transfer its rights or obligations to any third party without Your consent.

 

17. Assumption Of Risk

 

You acknowledge and agree that Your attendance and participation in the Competition(s) is voluntary. You agree to assume the risks associated with attending and participating in the Competition(s) to the fullest extent permitted under applicable law.

 

18. Changes To These Terms

 

We may revise these from time to time to reflect changes in our Services or the Competition(s). We encourage You to review these Terms periodically to be informed of any latest changes. Where we consider any changes to these Terms reasonably material, we will notify You prior to such changes becoming effective (to the email you provided during the verification process or any other means). You agree that by participating in the Competition(s), with or without notice from us, You consent to the changes to these Terms.