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Rules Governing Participation as Contestants (“Questers” “Entrants”) in the Spear of Survival Reality Adventure Television Series

  1. The series promoter is: BraveHearts Expeditions (https://braveheartsexpeditions.org) also operating the series online and on Television as (https://spearofsurvival.com).
  1. Entry applications are strictly online and fees are paid through mobile money, and costs a non-refundable 100-Ghana Cedis.
  1. Only one entry per person is allowed.
  1. Contest is open only to Ghanaian legal residents with valid email address. When entering the Contest, an opportunity to sign up to receive follow-up information from BraveHearts Expeditions and its sponsors may be available. Entrants are subject to all notices posted online including but not limited to our Privacy Policy and Terms of Use. BraveHearts Expeditions Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those living in the same household (whether or not related), and those of Sponsors and their respective parents, affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies (collectively, “Contest Parties”) are not eligible to enter or win. Contestants may need to provide proof of residency upon request.
  1. Closing date for any contest will be stated on the website and in all advertisements. After this date no further entries to the competition will be permitted.
  1. BraveHearts Expeditions assumes no responsibility for entries not received for whatever reason. To enter, follow directions as outlined on the website. Instructions for registration and application are included on spearofsurvival.com. All entries must be received by the date and time outlined on the website for each Season. For purposes of these Official Rules, “receipt” of Entry occurs when Promoter’s servers record the Entry information resulting from contestants’ entry being received in the inbox area. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules.
  1. Entry must be the original application of the contestant, may not have been previously submitted, must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person and must not violate any law.
  1. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
  1. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
  1. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
  1. No cash alternative to the prizes will be offered, except in the case of a specified cash prize. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
  1. The selection of the Winner will be done in nine-tenth parts by a Quester’s timed performances in the outdoors, and one-tenth parts by comment votes on https://spearofsurvival.com and on the Show’s Facebook, Twitter and Instagram pages.
  1. The winner will be notified in person, by email and/or phone call within a minute to 28 days of the closing episode of the Show to present for their prizes. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement quester beneficiary or do with the prize as we please.
  1. The promoter and winner will agree on a filmed prize delivery date, which must be in or around Survival Island.
  1. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  1. By entering this competition, an entrant is indicating his/her agreement to be bound by these Rules Governing Participation as well as the Terms and Conditions of BraveHearts Expeditions’ outdoor adventure operations.
  1. The competition, the rules, and these terms and conditions will be governed by Ghanaian law and any disputes will be subject to the exclusive jurisdiction of Arbitration recognized by the Courts of Ghana. Except where prohibited by law, as a condition of participating in this Contest, Contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the Ghana Arbitration Centre and held at the regional office nearest the contestant; (2) the Alternative Dispute Resolution Act 2010 (Act 798) shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and contestant (or, if an eligible minor, his/her parent or legal guardian) further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the Republic of Ghana.
  1. The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Ghanaian privacy laws and will not be disclosed to a third party without the entrant’s prior consent.
  1. Contestants will be removed from the Contest and possibly prosecuted if found to have engaged in threatening behaviour, exhibited violence in all its forms (physical, verbal, sexual, etc.), showed insubordination to the crew, third parties, other contestants or employees of BraveHearts Expeditions.
  1. Cheating is grounds for removal from the Contest. Cheating as used here refers to any act or the introduction into the Contest of any material other than those provided by the Promoter, or the modification of any instrument used as a measure of performance, that possesses the tendency to unduly and unfairly increase a Contestant’s chances of winning. This includes the inhalation, consumption, injection or through any other means of alcohol, tobacco and drugs.
  1. For the avoidance of doubt, alcohol, tobacco, offensive weapons and drugs of whatever name, colour, form or persuasion, are forbidden in a 100-metre radius of any location of the Contest.
  1. Entry into the competition will be deemed as acknowledgement and acceptance of all terms and conditions governing the show, the firm’s waivers and agreements of indemnity, and the rules of participation.

 

Waiver of Liability, Assumption of Risks, and Indemnity Agreement

 

  1. Spear of Survival Contests are not designed for tourists and holiday seekers. Spear of Survival, and BraveHearts Expeditions (collectively referred to as “Spear of Survival”) and the Spear of Survival Director (the person responsible for leading the Contest on site) (each of whom together with Spear of Survival shall be collectively referred to as the “Spear of Survival Team”) undertake logistical planning and preparation for the expeditions to tailor them to meet the adventure needs of Spear of Survival. The activities involve conditions, described below, which must be carefully considered before accepting a Participant, Quester or Contestant position. A Spear of Survival activity can be an enjoyable, enlightening, and potentially life-changing experience, but some of the characteristics that may make an adventure show attractive to you may also put you and your property at risk. All true “outdoor adventure” work involves a degree of risk which varies from episode to episode. Most episodes require travel to remote areas of the Ghanaian outdoors where logistical requirements and local conditions for Participants and their gear often involve unconventional modes of transportation, no hotel accommodations, limited or distant emergency and health services, and limited or non-existent local infrastructure or services. Of equal importance, Participants will experience one or more of the following: resource gathering; physical work; odd hours; frequent moves; delays; frustrations; surprises; equipment failure or malfunction, and potential hazards. The potential risks and hazards include (but are not limited to): political instability; transportation difficulties; lack of vehicular safety and medical standards commonly found in developed countries (for example, the absence of seatbelts); increased incidence and severity of vehicular accidents; strikes; sickness; quarantine; local regulations; a whole range of climate, terrain and temperature extremes; other foul weather conditions; high altitude; crime; natural disasters; wildlife behaviour; staff misjudgement, and movements and events outside the control of the Spear of Survival Team. Participants must accept that any of these factors may cause changes, delays or other effects. All true outdoor adventure work involves a degree of risk and improvisation, which varies from episode to episode.
  2. I fully understand and acknowledge that Outdoor Recreational Activities have (a) inherent risks, dangers and hazards, and these risks exist in the use of abseil, kayaking, hiking, mountaineering and camping gear and equipment, and in my participation in the Spear of Survival Contest; and that (b) my participation in the Spear of Survival may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.
  3. I understand the requirements for my participation in Spear of Survival and have read the risks outlined above which describe the risks inherent to the Contest that I am embarking on. I understand that these and other risks not listed above can, in extreme and unlikely circumstances, cause or lead to death, injury, illness, property damage, mental or emotional trauma, or disability. Further, activities may take place several hours or days from any medical facility or where communication, transportation, or evacuation in subject to delay. I understand that BraveHearts Expeditions does not seek to eliminate all of these risks, in part, because they are necessary for the Spear of Survival contest or because they are part of the essence of an outdoor adventure TV series. I agree to assume all of the risks of my participation, whether inherent or not, and whether described above or not. I have read and I understand the policies, rights, and responsibilities enumerated in the Terms and Conditions (and similar documents). I accept those policies and the ones described in this document as a condition of my participation on Spear of Survival. I agree to abide by the Spear of Survival Rules of Participation and I understand violations of the policies may result in expulsion. By signing below I agree to participate in the Contest’s activities under the terms and conditions described in this document and other Contest materials.
  4. I understand that by participating in the Spear of Survival I consent to BraveHearts Expeditions publishing, republishing or otherwise transmitting any photograph or film/video and audio footage which might have been taken of me. BraveHearts Expeditions may use such footage in, but not limited to: expedition guides, participant briefings, magazines, newsletters, invitations, brochures, annual reports, advertisements, marketing pieces, press releases, and the Spear of Survival web site. I understand that the images may be altered or modified in any manner. I hereby waive any right that I may have to inspect and approve a finished product or the copy that may be used in connection with an image or footage taken of me, or the use to which it may be applied. I further release BraveHearts Expeditions from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the use of the images. I also consent to BraveHearts Expeditions releasing those photographs or film/video and audio footage to members of the press or other media interested in reporting on my participation in or out of Spear of Survival.
  5. In consideration of all the foregoing, I, on behalf of myself, my child, my heirs, executors, administrators, successors, and/or assigns, agree and hereby do forever release, waive, and discharge BraveHearts Expeditions and the Spear of Survival Team, their employees, officers, directors, trustees, volunteers, affiliates, scientific staff, cooperating institutions, and other persons acting under their direction and control (“the Released Parties”), from and agree to defend and indemnify (meaning to pay or reimburse the Released Parties for money they are required to pay, including attorney’s fees and costs) and hold them and each of them harmless against, any and all liabilities they may jointly or severally incur in respect of any claim, suit, or cause of action, including legal fees and expenses of litigation, brought by or on behalf of me, my child, a family member, personal representative, estate, or any other person, on account of any personal injury, death, loss of health, financial loss or damage to property, including any such injury, loss or damage resulting from the negligence of the Released Parties, directly or indirectly sustained by me, my child, a family member, a co-participant, or any other person as a result of my participation in the Spear of Survival or the use of equipment or facilities. I understand and accept that the Released Parties are not responsible or liable for acts or omissions of third parties, including but not limited to cooperating institutions, independent contractors, other entities, or other Participants. This release is intended to be enforced to the fullest extent allowed by law and includes any type of suit. However, I do not release the Released Parties from liability on account of any injury, loss, or damage to me directly caused by the gross negligence or wanton or reckless misconduct of the Released Parties.
  6. This Liability Release shall be governed by, and construed and enforced in accordance with the laws of the Republic of Ghana and the exclusive venue for any action, claim or defence relating to this Liability Release shall be the courts located in the Greater Accra Region of Ghana. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions. This document is in effect for this and any future episodes of Spear of Survival unless revoked in writing and received by BraveHearts Expeditions prior to my expedition.
  7. I HAVE CAREFULLY READ, I UNDERSTAND, AND I VOLUNTARILY SIGN THIS DOCUMENT. I UNDERSTAND I AM SURRENDERING CERTAIN LEGAL RIGHTS AND I AGREE TO THE TERMS AND CONDITIONS IN THIS DOCUMENT.