1.1 Please read the following terms and conditions very carefully as your use of this website and other services is subject to your acceptance of and compliance with these terms and conditions. 1.2 These terms and conditions should be read in conjunction with CTP Limited, trading as Caxton Magazine's ("Caxton") general terms and conditions applicable to the use of Caxton's websites which general terms and conditions are available at www.caxtonmags.co.za ("the Sites Terms and Conditions"). The Sites Terms and Conditions shall be binding on the user of this website as if incorporated in these terms and conditions. In the event of conflict between these terms and conditions and the Sites Terms and Conditions, these terms and conditions shall prevail.
1.3 By accessing this website and/or becoming a User as defined below, you acknowledge that you have read, understood and accepted the following terms and conditions and/or disclaimers. Accordingly, if you do not agree to the terms and conditions, you are obliged to immediately cease to use the website.
1.4 Caxton reserves the right, in its sole and absolute discretion, to amend the terms and conditions set out herein from time to time and by becoming a user of this website or a Subscriber, you acknowledge that you will be bound by the terms and conditions as amended from time to time.
1.5 Only people who are 18 years or older shall be allowed to use the website.
2. DEFINITIONS AND INTERPRETATION
2.1 Bachelor ? single males who are nominated by the Subscriber and approved by Caxton to participate in the Competition;
2.2 Caxton ? CTP Limited, Registration Number 1971/004233/06, trading as Caxton Magazine;
2.3 the Competition ? competition run by Caxton in association with Paco Rabanne under the banner of Cleo's 50 most eligible bachelors;
2.4 the Content ? all information and/or communications in respect of the Subscribers and/or Bachelors, including but not limited to any data, text, music, sound, photographs, graphics, video, messages, and tags on the website, submitted or sent by Users to Caxton or its employees or its agents, through the Website;
2.5 the Profile ? the information held by Caxton about a User. The information will be based on submissions from the either the User to whom the information relates; or by other User nominating the Bachelor. Caxton reserves the right in its sole and absolute discretion to make the Profile available to all the Users without the owner of the Profile's consent;
2.6 the Subscriber ? any person who joins the Website for the purpose of participating in the voting process for the Bachelor or in any activities relating to the Bachelor as may be introduced by Caxton from time to time;
2.7 the/these Terms and Conditions ? the terms and conditions set out herein;
2.8 the User ? any person who registers his/her details with this Website and thereby agrees to comply with these Terms and Conditions and such other terms as may be determined by Caxton from time to time and "User" shall where applicable include the Subscriber and/or the Bachelor;
2.9 the Website ? the website which is owned and operated by Caxton, being www.cleobachelor.co.za including any page, part or element thereof.
3. REGISTRATION, SUBSCRIPTION AND VOTING FOR BACHELORS 3.1 Only Users who are 18 years old or older shall be allowed to use this Website. 3.2 By Using the Website the User warrants that he/she has the right, authority and capacity to enter into and be bound by these Terms and Conditions. 3.3 The Website is provided for the personal use of individual members who are natural persons only and may not be used in connection with any commercial venture. 3.4 Registration with the Website will be free but the User will only be able to access certain functions of the Website, including communication with other Users and/or the Bachelors, if the User is a Subscriber. Notwithstanding the aforegoing the User shall bear all and any risk and cost of accessing the Website and/or communicating with or contacting other Users and/or the Bachelors. 3.5 Only the Subscribers shall be entitled to vote for the Bachelors and the voting shall be at such times and in such a manner as may be determined by Caxton in its sole and absolute discretion. 3.6 The Subscribers and the Bachelors shall be bound by the rules of the Competition as determined by Caxton from time to time. 3.7 It shall be at Caxton's sole discretion whether to accept any Content, including Profiles. In the event that any Content is not accepted by Caxton, Caxton may in its sole and absolute discretion remove such information on the Website without giving any reasons to the Subscriber. 4. USE OF THE WEBSITE
4.1 The User shall only use the Website for the purpose of sending Profile to Caxton and/or sending communication to the Bachelor and/or voting for the Bachelor and/or such other purpose as may be decided by Caxton from time to time.
4.2 The User shall comply with all and any South African laws, foreign and local laws and regulations which apply to the use of the Website in whatever country the User is physically located.
4.3 The User is solely responsible for any Content that the User publishes or display on the Website or that the User transmits to other Users and/or the Bachelors and the User indemnifies Caxton accordingly.
4.4 The User warrants that information provided to Caxton, including but not limited to name, age, marital status or location to Caxton, is accurate and correct. In the event that Caxton has reason to suspect or believe that the User has provided Caxton with false and/or inaccurate information, Caxton shall be entitled (but not obliged) to terminate the User's use of the Website and/or disable the Profile.
4.5 Unless Caxton in its sole and absolute discretion decides otherwise, private contact details shall not be published in a blog or comments section of the Website. Accordingly, no User shall leave his/her private contact details or that of another person on the Website.
5. VIOLATION OF THESE TERMS AND CONDITIONS
5.1 In the event that Caxton, in its sole discretion, considers that the User is making any illegal and/or unauthorised use of the Website including, without limitation, submitting an inappropriate Profile, collecting usernames and/or email addresses of other Users by electronic or other means for the purposes of sending unsolicited email, or unauthorised framing of, or linking to, the Website or sending abusive, harassing or threatening communications to the other Users, the Bachelors, Caxton, its agents and or its employees, Caxton reserves the right to take any action that it deems necessary, including terminating without notice the use of the Website by the User and taking whatever steps it deems necessary including but not limited to taking legal action against the User.
5.2 In the event that Caxton, in its sole and absolute discretion, considers that any Content violates these Terms and Conditions or is offensive or illegal or has the potential to violate the rights of, harm or threaten the safety of other Users, Caxton reserves the right to take any action that it deems necessary, including, but not limited to, disabling such Profile, deleting such Content, restricting the number of communications that the User can send to other Users or terminating the User's use or access to the Website.
5.3 Without limiting the provisions of these Terms and Conditions, violation of these Terms and Conditions shall include the following acts of the User:
5.3.1 the User expresses or implies that any statements made by the User are endorsed by Caxton, its associates or partners;
5.3.2 promotion of racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.3.3 harassing or advocating harassment of another person;
5.3.4 displaying pornographic or sexually explicit material of any kind;
5.3.5 providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18;
5.3.6 promoting any conduct that is abusive, threatening, obscene, defamatory;
5.3.7 promoting any illegal activities;
5.3.8 promoting illegal or unauthorised copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
5.3.9 providing instructional information about illegal activities;
5.3.10 violating someone else's privacy or providing or creating computer viruses;
5.3.11 soliciting passwords or personally identifying information from other Users for commercial or unlawful purposes;
5.3.12 transmitting "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
5.3.13 promoting false, misleading or inaccurate information.
5.4 By publishing or displaying any Content on any public area of the Website, the User automatically grant, represents and warrants that he has the right to grant, to Caxton an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content.
5.5 The User is solely responsible for his/her interactions with other Users. Caxton reserves the right, but has no obligation, to monitor any dispute between Users. For the sake of clarity, the Subscribers shall be solely responsible for their interactions and communications with the Bachelors and vice versa.
6. ACCESS TO THE WEBSITE
6.1 In the event that Caxton denies the User access to the Website on a permanent or temporary basis for any reason whatsoever, the User shall not attempt to use the Website under any other name or through any other User.
6.2 Caxton will use reasonable endeavours to maintain the operation of the Website, however it may be necessary to temporarily suspend the Website for operational reasons, including but not limited to repairs, planned maintenance or upgrades. Caxton will use reasonable endeavours to restore the Website as soon as possible after any suspension. Caxton shall not be liable to the User for any such suspension.
6.3 Caxton reserves the right to make changes to the Website from time to time.
7. INDEMNITY
The User indemnifies Caxton against all claims whatsoever and howsoever arising that may be brought against Caxton by any party as a result of the User's use of the Website, the Content and/or the User's breach of these Terms and Conditions.
8. TERMINATION AND OPTING OUT
8.1 The User acknowledges that using and becoming a Subscriber is voluntary and subject to the following:
8.1.1 acceptance by the User to be bound by these Terms and Conditions and the rules of the Competition;
8.1.2 Caxton shall be entitled to send promotional information or material to the User;
8.1.3 by merely becoming a User does not entitle the User to win any prizes. For the User to win any prize, the User shall comply with the Terms and Conditions of the relevant promotion;
8.2 The User shall be entitled to opt out of being a Subscriber by sending email communication to Caxton to such effect.
8.3 Caxton may at any time deny the User access to the Website and delete the Profile and any other Content the User has submitted on the Website.
9. AMENDMENTS TO THE TERMS AND CONDITIONS
9.1 Caxton shall be entitled to amend these Terms and Conditions at any time without notice to the User.
9.2 Should the User decide not to be bound by these Terms and Conditions and any amendments thereto, the User shall be entitled to opt out of being a Subscriber. Notwithstanding termination in terms of this clause by the User, the User shall be bound by the provisions that are said to be binding on him/her even after such termination for any reason whatsoever.
9.3 Any amendments to these Terms and Conditions will become effective once same is published on the Website or such later date as may be stated by Caxton.
10. GENERAL The User acknowledges and agrees that: 10.1 these Terms and Conditions constitute the entire contract between the User and Caxton and that no provisions, terms, conditions, stipulations, warranties or representations of whatsoever nature, whether express or implied have been made by Caxton or on its behalf except as are recorded herein; 10.2 no relaxation, extension of time, latitude or indulgence which Caxton may show, grant or allow to the User shall in any way constitute a waiver by Caxton of any of its rights in terms of these Terms and Conditions and Caxton shall not thereby be prejudiced or estopped from exercising any of its rights against the User which may have then already arisen or which may arise thereafter; 10.3 the User may not cede, assign or delegate, or otherwise transfer any of the User's rights or obligations in terms of these Terms and Conditions without Caxton's prior written consent;
10.4 no alteration, variation or amendment of these Terms and Conditions shall be of any force or effect unless incorporated herein. The User undertakes to read these Terms and Conditions every time the User uses the Website to familiarise himself/herself with the amendments effected, if any;
10.5 if any provision in these Terms and Conditions is found to be invalid or unenforceable, the remainder of the Terms and Conditions will remain enforceable;
10.6 the laws of the Republic of South Africa will govern all Terms and Conditions of any products and services contained in or offered through the Website and the User consents and submits to the jurisdiction of the courts of the Republic of South Africa in respect of any dispute arising out of use of this Website.
RULES FOR THE CLEO'S 50 MOST ELIGIBLE BACHELORS
1. CTP Limited, Registration Number 1971/004233/06, trading as Caxton Magazine (hereinafter referred to as "Caxton") will run the competition for the search for the Cleo's 50 Most Eligible Bachelor of the year from 19 April 2010 until 18 August 2010.
2. All entrants in the competition must be 18 years old or older, must be bachelors and must live in the Republic of South Africa ("hereinafter referred to as "the Bachelor").
3. Only persons who are 18 years old or older who live in South Africa shall be allowed to enter and vote for the Bachelors.
4. The Bachelors will be identified and voted for as follows:
4.1 the eligible voters will send details (i.e. full names, address, short curriculum vitae and photos/video) of their favourite Bachelors to Caxton;
4.2 monthly top Bachelors will be chosen from the Bachelors whose details were sent to Caxton during the month in question. The aforementioned process shall be repeated monthly or at such intervals as Caxton may in its absolute discretion decide until the top 50 Bachelors have been chosen;
4.3 from the top 50 Bachelors, readers votes will decide on the top 12 Bachelors and the process referred to in 4.2 will be applicable;
4.4 from the top 12 Bachelors, a judging panel will chose the top 3 Bachelors i.e. the winner and 2 runner ups.
5. A 30 person judging panel from Caxton Magazines shall on behalf of Caxton be responsible for choosing the Bachelors for the purpose of 4.2 above. The panel will take into consideration the votes cast by qualifying voters for the Bachelor for the month in question. Notwithstanding any contrary provision, the panel's decision shall be final and the Bachelors or the voters cannot dispute the panel's decision under any circumstances and no correspondence will be entered into.
6. The Bachelors who have been entered and have agreed to participate in the competition:
6.1 may be disqualified in Caxton's sole discretion if they fail to abide by all instructions given to them or terms and conditions determined by Caxton from time to time or in the event that their participation in the competition is not in the best interest of Caxton;
6.2 shall participate in all activities prepared by Caxton from time to time during the competition, including but not limited to participating in photo shoots. The top 50 Bachelors will be published in the August issue of Caxton's CLEO Magazine;
7. The winning Bachelors will receive the following prizes:
7.1 the winner - Suzuki Alto 1.0 GLS, Canon Digital PowerShot SX20, Paco Rabanne Black XS hamper
7.2 first runner up - Canon Digital PowerShot SX20, Paco Rabanne Black XS his and her fragrances
7.3 second runner up - Canon Digital PowerShot SX20, Paco Rabanne Black XS his
8. The prizes are not transferable.
9. The Bachelors shall have no claim whatsoever against Caxton for participating the competition.
10. Caxton reserves the right to terminate the competition immediately and without notice to the Bachelors or voters if required to do so by any legislation.
11. Employees of Caxton and Paco Rabanne, partners, directors, members, as well as their spouses, life partners, children, siblings, business partners and associates are not eligible to enter or participate in this competition.
12. Caxton reserves the right, and the Bachelor consents, to Caxton making public his name and photos, including but not limited to, publishing it in printed media or digital media, television and/or radio, Caxton's website/s. The Bachelors have to make themselves available for all and/or any photo shoots that may be required by Caxton in its sole and absolute discretion. All copyright in any documents or photos generated during the competition shall vest in Caxton.