TikTok Naija Comedy Festival brought to you by Showmax

Terms and Conditions

These are the terms and conditions (the “Terms”) for the Naija Comedy Festival hashtag challenge (the “Challenge”). The Challenge allows selected users the opportunity to have their comedy skills showcased on the Showmax streaming platform. If you do not want your content featured on the Showmax streaming platform please do not take part in this Challenge.

This Challenge is being operated by TikTok Pte. Ltd. of 1 Raffles Quay, #26-10, South Tower, Singapore 048583 (TikTok, we, us and our) and in conjunction with M-SAT Nigeria Limited.

By participating in the Challenge you (“you”) agree to abide by these Terms as well as to TikTok’s Terms of Use, Community Guidelines, and the Intellectual Property Policy with respect to the use of the TikTok App (as defined below) as amended from time to time (jointly the “Platform Terms”).  

In the event of any conflict between these Terms with the Platform Terms or any other communications, including advertising or promotional materials, these Terms prevail in so far as they relate to the Challenge only.

1. Eligibility

1.1  To be eligible to participate in the Challenge you must meet the following eligibility requirements:

a) you are a resident in Nigeria;

b) you are aged eighteen (18) or above as of 10 November 2022;

c) your personal account on the TikTok App (as defined below) is in good standing and remains in compliance with the Platform Terms;        

c)  you agree with and comply with these Terms; and

d)  you correctly enter the Challenge in accordance with Section 2 and 3 below.  

(the “Eligibility Requirements”)

1.2  By participating the Challenge, you confirm that you meet the Eligibility Requirements set out in Section 1.1. We reserve the right to request proof of age, identity and/or residency at any point following Submission (as defined below). If you do not meet any of the Eligibility Requirements please do not participate in the Challenge.

2. Entry Period

2.1 The Challenge will commence at 00.01 AM (WAT) on 10 November 2022 and finish at 11.59 PM on 1 December 2022 (inclusive) (the “Challenge Term”). 

2.2 To participate in the Challenge you must fulfill the Participation Criteria (as set out below) during the Challenge Term. Any entries received outside of the Challenge Term are ineligible and will not be considered.

2.3  There is no purchase or entrance fee of any kind required to participate in the Challenge. 

2.4  You may create multiple videos for the Challenge, however, only a maximum of one video per participant shall be eligible to feature in the shortlist and subject to the public vote.

3. Participation Criteria  

3.1   To enter the Challenge, during the Challenge Term you must:

1. Download, access and create an account on the TikTok application (“TikTok App”);
2. Complete and submit the registration form on the Challenge in-app landing page;
3. Produce a creative and innovative video (which must be between 1 minute and 3 minutes in length) showcasing your original comedy skills (the “Video”). The Video must not include any music;
4. Post the Video to your personal account on the TikTok App with the following hashtag: #NaijaComedyFestival
   
   (jointly a “Submission”).

3.2   All Submissions must meet the Submission Requirements below.

Submission Requirements

1. Your Submission must meet the requirements set out in section 3 and remain on your personal account on the TikTok App for at least sixty (60) calendar days after the expiration of the Challenge Term.
2. Your Submission must be original, exclusively created and owned by you, and you must have all rights necessary to submit the Submission, including written permission from anyone featured in your Video (or if under 18, written permission from their parent or legal guardian);
3. Your Video must have been produced in a safe and responsible manner, having due regard for the physical, mental and moral effects to all individuals involved;
4. You must comply with these Terms, the Platform Terms and your local law, and TikTok reserves the right to remove any video or disqualify any participant who does not comply with these Term, the Platform Terms and/or the applicable laws;
5. You must not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights, other intellectual property or other rights of any person or entity;
6. You must not publicly publish or perform your Video on any platform or media or in any medium except on your personal account on the TikTok App; and
7. Your Video must not contain material:
   1. that is inappropriate, sexually explicit, violent, obscene, defamatory, libellous, threatening, pornographic, racially or ethnically offensive or unlawful;
   1. that features alcohol or illegal drugs, firearms/weapons;
   1. features religious or political content or themes;  
   1. encourages conduct that may be unsafe or dangerous;
   1. as determined by us in our sole discretion;
   1. which includes trademarks, logos or other third party intellectual property (including clothing, footwear, headgear, jewellery and/or any other accessories which feature prominent branding of any third party)

(the “Submission Requirements”).

3.3 By participating the Challenge, you confirm that: i) your Submission (which includes the Video) complies with the Submission Requirements; and ii) you have secured all requisite consents for any third party referenced or included in your Submission. TikTok is not responsible for any claims arising from the Submission including, but not limited to, claims for intellectual property infringement and privacy rights violations.

3.4   TikTok shall have no liability for any Submission that is lost, intercepted or not received.

4. Shortlisting and Public Vote

4.1 TikTok and MultiChoice will create a shortlist of 15 Videos which will then be showcased on an in-app landing page for members of the public to vote for their favourite video between 7 December 2022 and 14 December 2022 11.59 PM WAT (the “Voting Period“). Subsequent votes after the Voting Period will be disqualified. Members of the public will only be entitled to one vote per person. Participants are prohibited from seeking to obtain votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by TikTok in its sole discretion. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process associated with the Challenge is prohibited and votes placed (or which appear to have been placed) using any such system may be treated as void. At the end of the Voting Period, TikTok shall review the results of the public vote and shall select the Top 5 based on the number of public votes their Video has received. In the event of a tie, all tied entries will be judged by an additional, independent judge selected by TikTok will break the tie.

4.2 Participants who have submitted the Top 5 Videos (as selected by the public) will:

• have the opportunity to have their Video featured on the Showmax streaming platform in Nigeria for a period of 3 months;
• be invited to a mentoring event in Lagos, Nigeria which will take place on where they will be able to advance their skills; and
• create a 5-minute additional piece of comedy video content which will be showcased on the Showmax streaming platform in Nigeria for a 3-month period.

(collectively, the “Opportunity”).

4.3 If any of the Top 5 participants are unable to receive / participate in all aspects of the Opportunity (for example, if they do not attend the Event, do not agree to the posting of their content on the Showmax Platform, or are unable to create an additional five minute piece of content), then TikTok substitute such participant with another participant in the Top 15 who received the next highest number of votes from the public.

4.4 All elements of the Opportunity are not transferable; no substitutions are allowed except by TikTok who reserves the right to substitute in the event of non-availability.  No other financial or other compensation will be made for use of the Video by TikTok.

4.5 Participants are responsible for all applicable taxes and expenses in relation to their participation in the Challenge.

5. Notification of Shortlist Selection

5.1 The selected Top 15 participants that will be subject to the public vote will be notified by TikTok by no later than 15 calendar days after the end of the Challenge Term using the contact details provided in your Submission.

5.2 The Top 5 participants (following the public vote) will be notified within 5 calendar days after the Voting Period ends.

5.3 Participants who progress to either the public vote or Top 5 video stage will be required to confirm that they are able to participate in that phase of the Challenge within 2 calendar days. Participants who reach the public vote and Top 5 stage must be available for a live interview if requested by TikTok. We are not responsible for unsuccessful efforts to notify any participants. Please check the TikTok App, email messages and telephone numbers regularly, including your ‘junk’ folder.

6. Limitations of Liability

6.1 Insofar as permitted by law, we will not assume any responsibility or liability for any inaccurate or failed electronic data transmission, nor any inaccessibility or unavailability of the internet or the TikTok App.

6.2 We, to the fullest extent permitted by law, assume no liability whatsoever in relation to any direct or indirect damage, loss, or any injury suffered by any participant, as a result of accepting and/or use or participation in the Challenge or attendance at the Event, or the use or disclosure of your provided information. We do not exclude or limit our liability for personal injury or death caused by its negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded. 

6.3 You are responsible for ensuring that you can participate under the laws and regulations of your country of residence. We reserve the right to refuse a Submission or disqualify you at any time, if, in our sole and absolute discretion, we believe that you have contravened applicable laws, the Platform Terms or these Terms including, but not limited to, the Eligibility Requirements or the Submission Requirements, or if you will or could bring us or our partners into disrepute or if your Submission is incomplete or contains inaccurate information.  If we disqualify you, we may substitute another participant in your place.  

6.4 We reserve the right to modify, suspend or terminate the Challenge (or portion thereof) for any reason including but not limited to, should virus, worms, bugs, non-authorized human intervention or other causes, including, but not limited to, acts or threats of terrorism, war, strikes, and/or acts of God, epidemic or pandemic corrupt or impair the administration, security, fairness or proper play of the Challenge.

7. Intellectual Property Rights

7.1 With respect to the Video that you post as part of your Submission for the Challenge (and if you are selected as one of the Top 5 participants, the subsequent video content that you create following your attendance of the Event), you retain ownership of your pre-existing underlying intellectual property subject to granting us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license, for the maximum duration of rights afforded under applicable law to (and authorise other third parties to) reprint, display, reproduce, perform, use, and exhibit such content for the purpose of:

• hosting the Video on a microsite to facilitate public voting for the Top 5 Comedy Videos;
• allowing the MultiChoice group companies to publish your Video and the additional video you create on the Showmax streaming platform;
• other administration and promotion of the Challenge; and
• for our marketing and advertising purposes in any medium including posting on the TikTok App.

7.2 No financial or other compensation will be made for any use of the Video by TikTok or MultiChoice. 

8. Personal Data

8.1 By participating in the Challenge, your personal identifiable information will be used in conjunction with operating and administering the Challenge in accordance with TikTok’s Privacy Policy. In particular, you accept that we will require you to participate in related publicity, we will use your name, image and Video in external promotions and in-app promotions and share personal identifiable information with various third parties as further described in these Terms (including Section 4, 5, 6 and 8) in order to publicise the Challenge including for the selection and announcement of the shortlisted submissions and publication of the Video on the Showmax streaming service. If you have any questions about how we use your personal data, contact us at: https://www.tiktok.com/legal/report/privacy.

9. General

9.1 Officers, directors and employees of TikTok and MultiChoice and their parents, subsidiaries and affiliates are not eligible to participate in the Challenge. Submissions from agents or those automatically generated by a computer program, or other automatic method will not be accepted.

9.2 We reserve the right to refuse any person from participating in the Challenge, at our sole and absolute discretion. You are responsible for ensuring that you can participate under the laws and regulations of your country of residence. We reserve the right to disqualify you at any time, if, in our absolute discretion, we believe that you have contravened any of these Terms, the Platform Terms or if you will or could bring us or our partners into disrepute. If we disqualify you, you will not be entitled to any of the benefits outlined in these terms and we reserve the right to substitute another participant in your place.

9.3 You acknowledge and agree that the participation of any judges or/or partners, including MultiChoice, in connection with the Challenge is subject to cancellation. If any judge and/or partner, including the Judges, are unable to participate, TikTok will make reasonable efforts to replace such person with another judge and/or partner, as the case may be, to be decided TikTok’s sole discretion.

9.4 We reserve the right to cancel or amend the Challenge or these Terms at any time if we reasonably consider it necessary to do so.

9.5 If any of these clauses are found to be illegal, invalid or otherwise unenforceable then they shall be deleted from these Terms and the remaining clauses shall survive and remain in full force and effect.

9.6 We will not be liable for any failure to perform or delay in performing our obligations under these Terms if an act, omission, event or circumstance occurs which is beyond our reasonable control prevents us from doing so.

9.7 Subject to the operation of local consumer laws, these Terms will be governed by English Law and any disputes will be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre. However, this clause shall not deprive you from benefiting from the mandatory provisions of the law of your country of residence or from bringing any action in front of the competent courts of your country of residence.

9.8 These Terms form the entire terms and conditions of the Challenge.