TERMS & CONDITIONS FOR 9 mobile PRIZE FOR LITERATURE

The “9mobile Prize for Literature” is a platform for promoting, nurturing talent and communicating ideas through celebrating African writers and other members of the literary community.

1. Definition and Interpretation

In these Terms and Conditions:

Author" means an originator or writer of a Book, specifically fiction but does not include a compiler, translator, editor, or copyist;

Book" means any eligible Author’s first published full-length novel comprising of not less than thirty thousand (30,000) words, and published within two (2) years from the Commencement Date of the Literary Competition;

CDMA” means Code Division Multiple Access;

Commencement Date” means the start date of the Promotion as stated on the website (literature.9mobile.com.ng);

Competitor” means all GSM, fixed wireless and CDMA operators, providers of mobile internet services in Nigeria or the organization engaged in the provision of telecommunications services in Nigeria or which carries on any activity either solely or in conjunction with any other party in competition with the business carried on by 9mobile in Nigeria;

Confidential Information” means all information or data, of a commercial, financial, technical, planning, management, legal, or whatever other nature concerning or relating to 9mobile, its respective staff, contractors, officers, shareholders or technical partners in any way whatsoever including any information relating to the business activities, actual or proposed, of 9mobile or any of its affiliates or shareholders, which is disclosed directly or indirectly by 9mobile to the Winner whether before or after the date of this Literary Competition, whether in writing or drawings, orally or by computer print-out, or in any other way or means whatsoever;

Entry Form” means the form which shall accompany Books being entered into the Literary Competition. Entry Forms can be accessed and downloaded from literature.9mobile.com.ng;

GSM” means Global System for Mobile Communications;

Grand Prize” means the reward presented by 9mobile to the Winner of the Literary Competition in honor of the Author’s first published Book;

Intellectual Property Right” means patents, inventions, trademarks, service marks, logo, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, trade or business names, image right, moral rights and other similar rights or obligations whether registerable or not in any country and the right to sue for passing off;

Judges” means a body of persons responsible for assessing the quality and suitability of the submitted Books with the aim of compiling a long-list, shortlist and ultimately a Winner;

Literary Competition” means this 9mobile Prize for Literature Competition held and organized by 9mobile in accordance with these Ts & Cs;

Participant” means a Publisher (and Author, represented by a Publisher) eligible to take part in the Literary Competition upon satisfaction of the provisions of clause 5 below;

“Prize” means any reward of any description presented by 9mobile to any Author in respect of published Book(s) submitted for consideration during the subsistence of the Literary Competition;

“Publisher” means the Author’s designated representative whether local or foreign, who serves as the intermediary between the Author and the consumer market and the Publisher is responsible for the printing, marketing and distribution of printed publications of the Author’s Book but excludes print-on-demand services or publishers who publish titles through a commercial arrangement through which they are paid by the Author;

“Promotional Activities” means advertisement on any form of mass media (including without limitation, social media) in which an Author shall be obligated to participate in for the promotion of 9mobile’s business or the Literary Competition, including but not limited to advertisements involving the use of the Author’s pictures, images, voice and video recordings;

“Promotional Material” means material used in and ensuing from the Literary Competition’s activities including but not limited to printed material, Prize stickers, video tapes, audio tapes and/or pictures of an Author;

“Ts & Cs” means these Terms and Conditions for the Literary Competition as advertised by 9mobile and as may be amended, modified or supplemented from time to time;

“Winner” means an Author who has validly participated in the Literary Competition and is adjudged by the Judges to have won the Grand Prize.

1.1 The headings in these Ts & Cs are inserted only for convenience and shall not affect its construction.

1.2 Where appropriate, words denoting a singular shall include the plural and vice versa and the words importing one gender shall include the other gender.

1.3 Reference to any statute or statutory provision includes a reference to the statute or statutory provisions as from time to time amended, extended or re-enacted.

2. The Name and Address of the Organizer of the Literary Competition

2.1. Emerging Markets Telecommunication Services Limited, a company duly incorporated under the laws of the Federal Republic of Nigeria, hereinafter called "9mobile".

2.2. Legal address: Plot 19, Zone L, Banana Island Foreshore Estate, Federal Government Layout, Ikoyi, Lagos State, Nigeria.

3. Location

Submission of entries shall take place within the Federal Republic of Nigeria whilst short-listing and Winner selection shall take place across Africa.

4. Time frame for Submission of Entries:

Submissions of entries shall be made during the entry submission period which shall commence on the Commencement Date and terminate on the deadline for submission of the entries as stated online at literature.9mobile.com.ng or such other date as 9mobile shall determine. 9mobile reserves the right at its sole discretion to amend the Commencement Date or duration of the Literary Competition. Participants are hereby required to check for updates online at literature.9mobile.com.ng

5. Eligibility

5.1 Authors eligible to participate in the Literary Competition must be of African descent. An Author of African descent is one who was either born in Africa, or one who is a national of an African country, or one who has a parent who was either born in or is a national of an African country.

5.2 All entries to the Literary Competition must be made by Publishers on behalf of their respective Authors. Entries submitted directly by Authors shall not be eligible.

5.3 9mobile reserves the right to request for proof of year of publication from any Publisher in relation to any Book submitted as an entry in the Literary Competition and subsequently, verification of all qualifying documents provided to 9mobile.

5.4 Authors of submitted Books must be alive at the time of this Literary Competition.

5.5 Self-published books and books solely published online shall not be eligible and any such entry shall be disqualified.

5.6 Books originally published in a language other than English shall not be eligible (except where the English language translations of the Books have also been published).

5.7 Electronic books and children’s books shall not be eligible.

5.8 Employees of 9mobile, including its affiliates, subsidiaries, holding company, immediate families of its employees, Competitor, press, agencies, and commercial partners of 9mobile, Judges or Books of Judges or any other persons directly or indirectly connected with the Literary Competition shall not be eligible to enter or participate in the Literary Competition.

6. Literary Competition Rules

6.1 The focus of this Literary Competition shall be to reward the Author of the selected Book.

6.2 To apply for the Literary Competition each Publisher shall download and fill out the Entry Form from literature.9mobile.com.ng

6.3 Publishers shall submit seven (7) copies of any published Author’s Books, accompanied by a duly completed Entry Form, during the entry submission period and addressed as follows:
  • 9mobile Prize for Literature
  • Emerging Markets Telecommunication Services Limited
  • 6th Floor, Building 2,
  • Oriental Office Building,
  • 3, Lekki Road, Victoria Island,
  • Lagos State, Nigeria

6.4 The Participant hereby agrees that by submitting an entry he/she is bound by the terms and conditions therein in respect of this Literary Competition.

6.5 Publishers shall also be required to submit a high resolution image (at least 1mb/300dpi) of the book cover for the Book submitted, the Author’s biography and picture (‘Additional Material’) online at literature.9mobile.com.ng.

6.6 Each Publisher shall be entitled to enter Books from a maximum of three (3) different Authors.

6.7 All entries shall be made in Book form and not manuscripts.

6.8 Submission of an Author’s Book by a Publisher shall be deemed as duly authorized by the Author and as signifying the Author’s agreement to the consideration of such Book for the Prize by the Judges in accordance with these Ts & Cs.

6.9 All entries shall be vetted and scrutinized by the Judges.

6.10 Judges may consider any book not submitted, provided it conforms to the qualifications and eligibility requirements cited in these Ts & Cs, subject to the Publisher’s consent and the submission of copies in accordance with clause 6.3 upon 9mobile’s request.

6.11 All entries and materials submitted in connection with this Literary Competition including the Additional Material under clause 6.4 shall become the property of 9mobile and the Author (irrespective of whether the Author is long-listed, or short-listed, or declared the Winner) hereby grants to 9mobile the right to use the Book and the Intellectual Property Right in the Book for the purpose of Promotional Activities in any medium or manner in accordance with these Ts & Cs. Notwithstanding the foregoing, the Intellectual Property Rights in the Books shall continue to vest and remain the property of the Author or such other person as may be duly licensed to use same.

7. Short-listing

7.1 Upon review and scrutiny by the Judges with due consideration to the number of entries received, the Judges shall select such number of Books as may be decided by the Judges and approved by 9mobile. Based upon further reviews in accordance with these Ts & Cs, the Judges shall shortlist three [3] Books for final review and selection of a Winner. To be short-listed, the Book under consideration must have the full support of at least two (2) Judges in whose opinion the Book is a strong contender for the Grand Prize.

7.2 Each Publisher of any Book appearing on the shortlist shall be required to make no fewer than five hundred (500) copies of such Book available within six (6) weeks of the announcement of the shortlisted Books, for purchase by 9mobile at such discount as may be agreed by 9mobile and the Publisher. The Publisher, publicist and agent of the shortlisted Author shall be required to attend a briefing meeting or teleconference at such time as may be communicated by 9mobile shortly after the short-listed Books and Authors are announced. Should an Author have more than one (1) Publisher, 9mobile shall purchase the agreed number of books from the Publisher that submitted the entry.

7.3 Publishers/Authors of shortlisted Books shall include two (2) pages about the 9mobile Prize for Literature in all future reprints of the shortlisted Books.

7.4 The Publishers of all shortlisted and winning Books must ensure that stickers provided by 9mobile as part of its Promotional Activities and the promotion and marketing of the Books are placed on the appropriate Books.

7.5 The Publishers of all shortlisted and winning books shall ensure that any reprints of the selected titles, together with the paperback editions of the books, carry approved 9mobile Prize for Literature crediting on the front cover.

8. Prize / Winners

8.1 The Winner of the Literary Competition shall be entitled to receive the Grand Prize.

8.2 The Winner of the Literary Competition shall also attend a 9mobile sponsored Fellowship within a month of the award ceremony or at a period to be agreed by the Parties.

8.3 Non-acceptance of the Grand Prize or any other Prize by a Winner within a period of fourteen (14) days after the announcement and communication of the award shall lead to forfeiture of such Prize and 9mobile shall deal with such unclaimed prize at its sole discretion.

8.4 The shortlisted Authors shall attend a Book reading in Lagos while the Winner shall attend two readings. The first (1st) reading shall be in Lagos while the second (2nd) reading shall take place in the Winner’s home country. In the event that the Winner is a Nigerian citizen, a second (2nd) location for the reading shall be selected from any African country.

8.5 All Prizes are accepted entirely at the risk of the Winner and 9mobile excludes all warranties in connection with any Prize. 9mobile shall not be liable for any costs relating to the collection of Prizes or any add-on features required or damages incurred from the point of receipt of such Prizes.

8.6 Prizes are not transferable, and must (where applicable) be used on the dates specified and shall not be capable of being redeemed for cash.

8.7 Where a specified Prize becomes unavailable, 9mobile may substitute a replacement Prize at its absolute discretion.

8.8 The Author and Publisher hereby agree that it is a condition of entry that each Prize winning Book must be published in paperback in the country of the Author’s citizenship or choosing as soon as possible in order to exploit the sales opportunities, and hereby undertake to put in place the measures to do so upon notification of award of the Prize and to effect such publication within such time as may be agreed with 9mobile.

8.9 Neither the Publisher nor Author is entitled or authorized in any way to commit 9mobile to any contract, expense or cost without 9mobile’s prior written consent.

8.10 The Publisher and/or Author must have sufficient financial resources to meet any financial commitment which may be incurred in connection with participation in the Literary Competition. Participants acknowledge and accept that 9mobile shall not in any way be liable for any costs and or expenses incurred by Participants as a result of participating in the Literary Competition or the performance of any of its obligations herein.

8.11 Winners are responsible for any and all taxes payable as a result of being a recipient and accepting a Prize or the Grand Prize under this Literary Competition.

8.12 Winners of any Prize under this Literary Competition shall be required to attend the award presentation ceremony which shall be held on a date to be communicated by 9mobile to the Winners.

8.13 Multiple entries may be submitted in respect of any one Author; however, subject to 9mobile’s discretion, each Author shall be eligible to win a Prize in respect of only one entry.

9. General Conditions

9.1 9mobile reserves the right, at its discretion and without notice, to change or modify these Ts & Cs and without giving a reason to suspend, discontinue, modify or adapt the Literary Competition without any obligation to compensate the Participants.

9.2 All Participants warrant that they have carefully read these Ts & Cs and fully understand and agree to abide by them.

9.3 The decision of 9mobile shall be final and no correspondence will be entered into regarding results and the award of the Prize.

9.4 9mobile reserves the right to disqualify any Book or Participant if it believes that the Participant is fraudulently accessing the Literary Competition or unfairly influencing the course of the selection, or otherwise breaches these Ts & Cs.

9.5 In the event of disputes regarding these Ts & Cs in respect of the conduct of the contest, and all other matters relating to the Literary Competition, 9mobile shall have the right to make the final decision which shall be binding on all Participants and Winners.

10. Winner’s Obligations

As a Winner of the Literary Competition, the Winner understands and accepts that he/she shall be required to engage in Promotional Activities and publicity campaigns on behalf of 9mobile. Accordingly, the Winner hereby agrees that he/ she shall:

10.1 provide satisfactory documentation to 9mobile to establish that he/she has fulfilled all conditions stated herein and as such duly entitled to the Prize and shall complete and execute all the necessary documents provided by 9mobile, including an undertaking to abide by these Ts & Cs;

10.2 participate in all Promotional Activities as required by 9mobile and co-operate with 9mobile in any way and manner required with a view to achieving its promotional objectives;

10.3 not represent, engage or assist whether directly or indirectly, in any manner whatsoever and for any purpose, any of 9mobile’s Competitors (including affiliates and subsidiaries of such Competitors in other countries where affiliates of 9mobile operates) for the duration of the Literary Competition and up to six (6) months after the end of the Literary Competition;

10.4 be present and in a condition fit to engage in Promotional Activities at such location or locations as shall from time to time be specified by 9mobile or its representatives at the date and hour notified to the Winner by 9mobile;

10.5 attend the 9 mobile Prize for Literature Award presentation ceremony.

11. Winner’s Undertakings

The Winner covenants and undertakes:

11.1 that he/she has satisfied the provisions of clause 5 of these Ts & Cs and shall not violate any law by participating in the Literary Competition;

11.2 that he/she is not under any restriction or prohibition which might prevent him/her from engaging in the Promotional Activities or observing any obligations under these Ts & Cs;

11.3 to indemnify 9mobile and keep 9mobile at all times fully indemnified and hold harmless 9mobile from and against all actions, proceedings, claims, demands, costs, awards and damages howsoever arising directly or indirectly as a result of any breach or non-performance of the Winner of any of his/her undertakings or obligations under these Ts & Cs;

11.4 that he/she shall not at any time during the duration of the Literary Competition and/or his/her obligations under these Ts & Cs, do any act which in the sole interpretation of 9mobile, might bring 9mobile or the Winner or the Promotional Activities into public disrepute or offend the community or public morals or howsoever prejudice 9mobile or the exploitation of the Promotional Activities and shall at all times throughout the term of this Agreement conduct himself/herself with decency and professionalism, and respect public conventions and morals.

12 Intellectual Property Rights

12.1 The Author/Publisher hereby grants 9mobile the right to use the Book or excerpts of the Book in any medium or any adaptation (including stage, film, audio, visual etc.) as well as the right to public performances and interpretations of the Book and derivative works.

12.2 The Author warrants that he/she has the full right to participate in the Literary Competition and that the use of the Book shall not infringe on the Intellectual Property Rights of any person or any other rights or laws and hereby indemnifies 9mobile against any liability, loss, damage, costs or expenses incurred by it in connection with a claim of such infringement by a third party (“Third Party Claim”).

13 Promotional Material

13.1 9mobile reserves the exclusive right to decide on all aspects relating to the portrayal of a Winner on any form of mass media and in particular but without limitation to decide on the appearance of a Winner for the purpose of the Promotional Activities.

13.2 9mobile reserves the right to grant third parties the right to use or produce the Promotional Activities and the Winner shall co-operate fully with the producer and director of the Promotional Activities and/ or such third parties and shall follow all lawful directions and instructions in that respect.

13.3 9mobile shall have the exclusive rights in the Promotional Material, to use such material in any territory or to license the use of the material to any third party and the Winner acknowledges that he/she shall have no right in respect of the use of the material.

13.4

9mobile shall have the right but not the obligation to use a Winner or the name of a Winner on its Promotional Activities and Promotional Material.

13.5 A Winner acknowledges that all existing and/or future goodwill in and to the Promotional Material and any associated works belongs and shall belong to 9mobile absolutely and a Winner shall not now or in any time in the future have any right, title or interest in or to such good will.

14. Announcements and Confidential Information

14.1 Each Author, Publisher or Winner undertakes that he/she shall not without the consent of 9mobile reveal or make public any information relating to the Literary Competition, Promotional Activities/Promotional Material or the terms of any subsequent agreement entered into with 9mobile or the business of 9mobile or issue any publication or make any statement relating to the Literary Competition, Promotional Activities or Promotional Material without the prior written consent of 9mobile.

14.2 Each Author, Publisher and Winner agrees to keep confidential all Confidential Information that it may acquire in relation to the business or affairs of 9mobile by virtue of being a Winner.

14.3 Each Author, Publisher and Winner shall not use 9mobile’s Confidential Information for any purpose other than to engage in the Promotional Activities.

14.4 The confidentiality obligations on an Author, Publisher and Winner shall not apply to any information which is publicly available or becomes publicly available through no act or omission of the Author, Publisher or Winner; or where such Author, Publisher or Winner is required to disclose Confidential Information by law or order of a court of competent jurisdiction.

14.5 The provisions of this clause 14 shall survive the termination of the Literary Competition for a period of five (5) years from termination.

15. Disclaimer of warranties

15.1 Authors and Publishers understand and agree that they participate in the Literary Competition at their own risk and willingness and have not been coerced in any manner to participate in the Literary Competition.

15.2 9mobile makes no warranty, implied or express, that any part of the Literary Competition will be uninterrupted and/or error-free.

15.3 Neither 9mobile nor any of its directors, employees, agents or suppliers shall accept any responsibility for any damage, loss, injury or disappointment suffered by any participant, Author or Publisher participating in the Literary Competition or as a result of a Winner accepting the Prize.

15.4 9mobile shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the internet, telephone lines or at any website, or any combination thereof, including any injury or damage to a Participant, Author, Publisher or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in respect of the Literary Competition.

15.5 By participating in the Literary Competition, Participants, Authors and Publishers agree that no claim relating to such losses or injuries (including special, indirect and consequential losses) shall be asserted against 9mobile, its parent companies, affiliates, directors, officers, employees or agents from any and all losses, damages, rights, claims and actions of any kind resulting from acceptance or use of any Prize, including without limitation, personal injuries, death and property damage.

16. Force Majeure

9mobile shall not be liable for any failure to fulfil its obligations in respect of this Literary Competition and these Ts & Cs, where such failure is caused by (without limitation), any Act of God, insurrection or civil disorder, terrorism, war or military operations, national or local emergency, acts or omissions of Government, labour disputes of any kind (whether or not involving internal labour), fire, lightning, explosion or any other such cause.

17. Severability

All provisions of these Ts & Cs are severable, and if any of them is determined to be invalid or unenforceable for any reason, the remaining provisions and portions of these Ts & Cs shall be unaffected thereby and shall remain in full force to the fullest extent permitted by law.

18. Governing Law

18.1 The laws of the Federal Republic of Nigeria shall govern these Ts & Cs.

18.2 In the event that any dispute arises out of or in relation to this Agreement, which cannot be amicably resolved by 9mobile, the dispute may be referred to arbitration upon giving the other party fifteen (15) days written notice.

18.3 The arbitration proceedings shall be conducted by a single arbitrator appointed in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria, 2004 or any amendments or re-enactments thereof.

18.4 In the event that the Parties fail to agree on the appointment of the arbitrator within fourteen (14) days from the date of notification, the Parties agree that the Chairman of the Chartered Institute of Arbitrators (UK), Nigeria Branch, shall appoint the arbitrator. The arbitration venue shall be Lagos, Nigeria. The cost of arbitration shall be borne by both parties individually and the arbitration shall be conducted in English language.

The Participant hereby agrees that by submitting an entry he/she is bound by the terms and conditions therein in respect of this Literary Competition.