When you apply to enter any competition within a congress, event, competition or festival organised by Ascential for an award in recognition of a particular achievement, your agreement will be subject to the terms and conditions below (the ‘Awards Terms’).
1. How this Agreement works
a. This Agreement (as defined below) is a contract between (i) the client organisation or individual identified as such in the Order Form (‘You’, ‘you’, ‘your’) and (ii) the Ascential Group company identified in the Order Form as the provider of the relevant products and services (‘Ascential’).
b. Your contract with Ascential is made up of the Order Form and these Awards Terms, together with any authorised variations of any of the foregoing and any documents incorporated by reference into any of the foregoing (together the ‘Agreement’).
c. Where you access services or products in connection with your ‘Entry’ (as defined below) via a website operated by Ascential, these Awards Terms should be read and will apply in conjunction with the terms and conditions applicable to your use of that website (the ‘Website Terms and Conditions’), which will form part of this Agreement.
d. In the event of any conflict or inconsistency between the Order Form, these Awards Terms and Conditions, the relevant Website Terms and Conditions and between any of the foregoing and a document referred to in the Agreement; the documents will take precedence in the order listed above.
2. Scope of these Awards Terms
a. These Awards Terms govern your Entry in any competition for an award in recognition of a particular achievement (an ‘Award’) within a congress, event, competition or festival that is organised, managed and administered by Ascential (the ‘Awards Scheme’) (as further detailed in each case on the relevant entry form, which for the purposes of this Agreement will be deemed to be the Order Form).
b. The Awards Scheme is organised by Ascential.
c. Where you submit an Entry for an Award, you may also be referred to in this Agreement as the ‘Entrant Company’.
a. Ascential will publish details of each constituent ‘Category’ and ‘Section’ of the Awards Scheme in relation to which Awards are available, and will make those details available on the relevant Ascential-operated website.
b. Ascential will publish entry criteria for each Award and will make those criteria available on the relevant Ascential-operated website.
c. You may apply to enter for an Award by submitting a completed form to Ascential, giving all relevant details (the ‘Entry Form’) and including the relevant amount due for entry (the ‘Entry Fee’).
d. Employees, agents and family members of Ascential and Ascential Group may not enter into Awards. Otherwise, Awards are open to all organisations and individuals that meet the entry criteria.
e. By entering any Award, you agree to be bound, and abide, by the following rules (together the ‘Rules’):
i. these Awards Terms;
ii. the specific rules for the relevant Award, which will be available on the relevant Ascential-operated website; and
iii. the ‘Guiding Principles’ applicable to the relevant Awards Scheme and the relevant Award, which will be available on the relevant Ascential-operated website.
f. Ascential has absolute discretion to amend the Rules, with the applicable version of the Rules to be published on the relevant Ascential-operated website.
g. Ascential may, in its absolute discretion and at any time, withdraw an Entry from the Awards Scheme, including any Entries that:
i. breach laws, regulations or industry recognised codes of practice;
ii. offend national sentiments, religious or cultural sentiments or public taste;
iii. do not meet the Awards Scheme campaign eligibility requirements, as published on the relevant Ascential-operated website;
iv. include work that was banned or withdrawn from airing or publication;
v. is missing required elements, results, or information, and you refuse to provide the same elements within a period reasonably specified by Ascential; or
vi. in any other way contradict the Rules.
h. Ascential will not return Entries to Entrants, unless otherwise specified in the entry criteria.
i. As used in these Awards Terms, the ‘Awards Purposes’, are as follows:
i. screening and publishing all materials submitted for consideration in the Awards Scheme or otherwise provided by you to Ascential, including all Entries, with or without charge at public or private presentations, in such manner and form as Ascential reasonably deems fit;
ii. reproducing all materials submitted to Ascential, including all Entries, in the relevant Ascential archive and offline;
iii. permitting third parties to use, directly or indirectly, any materials submitted to the Awards Scheme, for the purpose of promoting the Awards Scheme; and
iv. reproducing any Entry into a collection that may be offered for sale anywhere in the world – including adaptation or translation by a third party. Such a collection may not, nor may any extracts of it, be copied, marketed or sold by any organisation other than Ascential or any organisation authorised to do so by Ascential.
j. The Awards Purposes will not include any action that violates any Restriction.
k. Ascential has the right but no obligation to carry out the Awards Purposes.
l. Each party will carry out its obligations under this Agreement in accordance with the terms of this Agreement and with due skill and care.
m. Each party will comply with all applicable laws and regulations with respect to its activities under this Agreement.
n. Nothing in this Agreement will require Ascential to do or omit to do anything that would contravene any applicable laws or regulations.
4. Intellectual Property Rights: Treatment, Use and Publication of Entries
a. When you submit any Entry for consideration in the Awards Scheme, you warrant Ascential to do so in full compliance with all intellectual property rights that subsist in the Entry, including warranting that:
i. you have the legal right to submit the Entry into the Awards Scheme;
ii. the exercise by Ascential or its authorised agent of the Awards Purposes will not infringe the rights of any third party, nor breach any applicable laws.
b. Upon submission of any Entry, and in consideration for Ascential agreeing to consider you for the Award in question, you give Ascential the right to use all submitted material for the Awards Purposes and in accordance with the Rules.
c. To the extent that you are not the owner of the material comprising the Entry, you will use commercially reasonable endeavours to ensure that Ascential may exercise the Awards Purposes without committing any action that may violate:
i. any applicable law; or
ii. any restriction placed on the use of the Entry by its legal owner, permitted licensee or third party whose property is included within such material where such restriction is notified and disclosed to Ascential by the Entrant Company.
With each of (i) and (ii) being referred to in these Awards Terms as a ‘Restriction’.
d. For the purposes of clause 4(c) above, your commercially reasonable endeavours will:
i. include your use of commercially reasonable efforts to attempt to cause the applicable third parties to agree to permit Ascential to exercise the Awards Purposes, but will not require you to retrospectively amend or agree new terms of engagement for any Entry already commissioned; and
ii. not require you to spend any money in order to obtain permission for Ascential to exercise the Awards Purposes.
b. You will notify Ascential in writing of any Restriction on the use of your Entry as soon as reasonably practical on becoming aware of the same.
c. In the event of any legal action being commenced against Ascential as a result of its exercise of the Award Purposes or in relation to your Entry, then without prejudice to any other rights or remedies available to Ascential, you will promptly assist Ascential in dealing with the claim, including providing all documentation establishing ownership of rights in the Entry.
d. Following your submission of an Entry, you will take part in any promotional activity reasonably requested by Ascential in connection with that Entry or the relevant Award.
5. Ineligible Entries
a. Ascential has absolute discretion to determine whether any Entry is ineligible for a particular Award.
b. In order for a piece of work to be eligible for entry into the Awards Scheme, the Entry must satisfy the specific rules for each Award, which will be available on the relevant Ascential-operated website.
c. Entries will be deemed ineligible, and Ascential will therefore withdraw them from the Awards Scheme if they breach any of the Rules for Entering (which can be found here) or fail to comply with any of those specific rules.
d. You must include with each Entry full client details and a senior officer from your organisation must authorise the Entry.
e. Ascential reserves the right to make its own checks that an Entry complies with the specific rules relating to the relevant Award.
f. Further, during the judging process for any Award, judges may raise queries with Ascential and Entrant Companies must provide Ascential with any information requested in this respect.
g. If the eligibility of your Entry or any part thereof comes into question, Ascential will request clarification or further information from you.
h. If you do not provide the requested information, or if in Ascential’s absolute discretion Ascential determines that you have not provided adequate information, Ascential may withdraw the Entry or Award.
i. Where Ascential determines that a ‘scam’ or ineligible Entry has been submitted, Ascential may, in its absolute discretion, ban any or all individuals named on the relevant Entry’s credit list from making further submissions to the Awards Scheme for any period of time that Ascential determines appropriate. Ascential will determine the appropriate length and nature of the ban based on the seriousness of the case involved, with each case being dealt with on its own merits.
6. Withdrawal of Entries, Category and Section Changes and Refunds
a. If you want to withdraw an Entry, you must notify Ascential via the email address shown for that purposes on the relevant Ascential-operated website or through your organisation’s dedicated account in relation to the Awards Scheme (if appropriate). We may disregard a purported withdrawal communicated via any other means.
b. Ascential will only refund Entry Fees in accordance with its refund policy in relation to the relevant Awards Scheme, which will be available on the relevant Ascential-operated website.
c. Ascential will only consider requests for Entries to change Category or Section changes in accordance with its Category and Section Changes policy in relation to the relevant Awards Scheme, which will be available on the relevant Ascential-operated website.
d. In the event that you request a change of Category or Section in accordance with the relevant Category and Section Changes policy, you will:
i. not be eligible for any refund in respect of any price difference between Entry Fees payable for the original Category or Section and the new Category or Section. However, Ascential will credit any price difference to your organisation’s account for use against payment for Entry Fees for other Entries in the same year’s Awards;
ii. be required to pay any additional amount in respect of any price difference between Entry Fees payable for the original Category or Section and the new Category or Section.
e. Where an Entrant Company has entered a piece of work into the same Category or Section of the same Award more times than permitted by the specific rules for that Award, you will not be eligible to receive any refund. However, Ascential will permit you to use the amount paid for those Entries in excess of the permitted number, at your option, either:
i. to move the work to another Category or Section,
ii. to enter a new piece of work in its place, or
iii. against payment for Entry Fees for other Entries in the same year’s Awards.
f. Ascential will not provide any refund in respect of any Entry that fails to comply with the Rules.
g. Ascential may remove an Entry without any refund to you in the circumstances set out in clause 3(c) of these Awards Terms.
h. Ascential may remove an Entry without any refund to you in the event that you commit a material breach of any of your obligations under this Agreement, if you cease or threaten to cease to carry on business, are unable to meet your debts as they fall due, have an order made or a resolution passed for your winding-up, have an administrator, receiver or manager appointed, make any arrangement or composition with your creditors, or make an application for the protection of your creditors in any way.
i. In the event that Ascential receives two Entries in the same Category or Section of any Award from different entrants, the Entry Fee paid by the second entrant (meaning the entrant Company which submitted its Entry later in time) may be used by that entrant, at its option, either:
i. to move the work to another Section or Category;
ii. to enter a new piece of work in its place; or
iii. in the form of a credit note to be applied to an Entry to the Award at the equivalent Awards Scheme the following calendar year.
7. Awards Ceremony
a. Ascential will provide all individuals and organisations that submitted Entries with details of the relevant Awards ceremony, at which the Awards winners will be announced and any related after party.
b. Ascential does not provide free attendance to the Awards ceremony for those shortlisted or any other organisations.
c. Access to Awards ceremonies and after parties may be accessed with specific passes. You will not be permitted entry to Awards ceremonies and after parties without a pass that is valid for the relevant ceremony or party.
8. Administration of the Awards Scheme
a. Ascential has absolute discretion to make changes at any point in time to the Awards Categories (including, but without limitation, where it believes that such changes are necessary to ensure that all work is showcased in its best light). You will be informed if any changes are made to the Awards Categories.
b. Ascential may at any time request media scheduling details, client confirmation in writing or any other further information needed to verify the authenticity of a piece of work forming part of an Entry.
c. You must immediately inform Ascential if you become aware that an unauthorised collection or compilation including your Entry is available for sale or distribution.
d. You will supply Ascential upon request any additional material in relation to any shortlisted or winning work submitted by you. Ascential may (but is not obliged to) use such requested material at any time, including following the conclusion of the Awards Scheme, for the purpose of any promotional publication and exhibitions.
9. Effect of Non-Compliance with the Rules
a. Ascential will have the right to determine, acting reasonably and in its absolute discretion, any non-compliance with any Rules. In the event of a finding of non-compliance, Ascential will have the right to disqualify the relevant Entry and impose any other penalty specified in the Rules.
b. Where Ascential deems that you have deliberately and knowingly contravened the Rules, Ascential may bar you from entering the Awards Scheme for any period of time as deemed appropriate by Ascential in its absolute discretion.
c. Ascential’s decisions in all matters relating to the Awards Scheme (including in relation to determining your non-compliance with the Rules) will be final and binding.
10. Complaints Procedure
a. In the event of a complaint regarding any winning or shortlisted Entry or the decision to confer any Award, Ascential may, at its discretion, choose to conduct an investigation into the complaint. If Ascential chooses to investigate any complaint, you must cooperate fully with Ascential in relation to that investigation, which includes providing Ascential with all such information as Ascential may reasonably request.
b. If Ascential upholds the complaint, so as to find that the winning or shortlisting of any Entry was unfair or incorrect, or that any Award was conferred unfairly or incorrectly, Ascential may elect to withdraw the relevant Entry or Award.
c. In the event of any dispute, controversy or claim between you and Ascential, arising out of or relating to the Rules (a ‘Dispute’), the parties will first seek settlement of that Dispute in accordance with the following procedure:
i. the party alleging a Dispute will send to the other party a written notice setting out the material particulars of the Dispute (‘Notice of Dispute’), which must state that it is sent pursuant to this clause 6(c) of these Awards Terms;
ii. thereafter, the parties will use reasonable endeavours to resolve the Dispute by good faith negotiations between them for a period of four weeks from the date that the Notice of Dispute has been deemed to have been duly served.
11. Term, Termination and Consequences of Termination
a. The rights and liabilities of each party under this Agreement will come into effect on the date that Ascential accepts your Entry Form and you pay the Entry Fee in full.
b. Subject always to earlier termination in accordance with the terms of this Agreement, the rights and liabilities of each party under this Agreement will terminate on Ascential’s completion of its provision of the Awards Scheme.
c. Either party has the right at any time to terminate this Agreement immediately by giving written notice to the other in the event that the other commits a material breach of any of its obligations under this Agreement and has not remedied such breach (if capable of remedy) within fourteen (14) days of being required to do so by written notice.
d. Ascential may terminate this Agreement forthwith on written notice to you if you cease or threaten to cease to carry on business, are unable to meet your debts as they fall due, have an order made or a resolution passed for your winding-up, have an administrator, receiver or manager appointed, make any arrangement or composition with your creditors, or make an application for the protection of your creditors in any way.
e. Termination or expiration of this Agreement or any part thereof will not affect the continuance in force of any provision of this Agreement or the relevant constituent part that is expressly or by implication intended to survive termination.
a. Nothing in this Agreement will operate to exclude or limit a party’s liability for death or personal injury caused by its or its employees or subcontractors’ negligence, or for any fraudulent misrepresentation by any of the foregoing or for any other liability that cannot be excluded or restricted by law.
b. Subject to the foregoing, Ascential and its affiliates do not accept any liability of any kind in respect of:
i. any disappointment suffered by you arising out of or in connection with the Awards Scheme or any Entry or Award.
ii. any feature, display, exhibition or presentation or any product or service referred to in any future feature, display, exhibition or presentation in connection with the Awards Scheme.
c. Subject to the foregoing, Ascential will not be liable to you under or in connection with this Agreement for any indirect, special, economic or consequential damages, claims, losses or expenses of any kind arising out of or in connection with this Agreement and whether for breach of contract, tortious behaviour (including negligence) or any other cause of action. This limitation of liability applies to any damages or injury caused by any failure of performance, error, omissions, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or theft of, destruction of, unauthorised access to, alteration of or use of content or data.
d. Subject to the foregoing provisions of this clause 12d, Ascential’s liability to you, whether in contract or tort (including negligence), for all loss or damage suffered or incurred by you arising out of or in connection with this Agreement will be limited to the amount of the Entry Fee paid by you.
e. The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.
a. You warrant that you will:
i. comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010;
ii. put in place, comply with and maintain codes of conduct and anti-bribery and anti-corruption policies as are appropriate to meet your statutory responsibilities in this regard; and
iii. promptly notify us of any request or demand for any undue financial or other advantage of any kind received by or on behalf of you in connection with this Agreement.
b. Ascential is part of an enlarged corporate group that pledges to trade legally and respect all laws including the Trade Sanctions imposed by EU and US governments. We operate a Group Sanctions Policy, which means that Ascential cannot accept subscriptions or other orders from individuals or organisations based or residing in, or connected with, a country or organisation that is subject to EU or US government sanctions. Ascential reserves the right to refuse to accept an order from any such person or organisation.
c. Notwithstanding anything else in this Agreement, breach by you of the foregoing Anti-Bribery and Sanctions provisions will be deemed a material breach of this Agreement.
14. Winning Entries and Trophies
a. In the event that you win an Award, any duties, fees and charges accrued from the transporting of the relevant trophy will be covered by you and not Ascential.
b. Ascential or its affiliates owns all intellectual property rights, including copyright, design rights and trademark rights, in and to all trophies, decorative objects and other souvenirs of achievement (each a ‘Trophy’). Ascential has the exclusive right to reproduce, manufacture, copy, and sell a Trophy in any size or medium, and to distribute or exploit the design of a Trophy or to produce or commission reproductions of same for gift, sale, re-sale or licence. No reproduction, replica or other copy of a Trophy may be made or used by you or by any manufacturer, advertiser, organisation or individual except in accordance with these terms without Ascential’s prior written consent.
c. All Entries and their subsequent feature, display, exhibition or presentation by Ascential should be considered for the purpose of criticism and review only. Ascential’s consideration of an Entry does not constitute any recommendation, endorsement or promotion of the products or services featured therein by Ascential, any of its affiliates, or otherwise. Subsequent features, displays, exhibitions or presentations do not represent the views or opinions of Ascential or its affiliates.
a. Each party acknowledges that in entering into this Agreement it has not relied on, and will have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in the Agreement.
b. No person who is not a party to the Agreement will have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999, and the rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Agreement will not be subject to the consent of any third party.
c. Ascential will have no liability to you for any failure or delay in performing any obligation under this Agreement as a result of any event beyond its or its subcontractors’ reasonable control.
d. The documents comprising this Agreement (together with any documents referred to therein or required to be entered into thereunder) contain the entire agreement and understanding between us and supersede all prior agreements, understandings or arrangements (both written and oral) relating to the subject matter of this Agreement and any such document.
e. The Agreement will apply to the exclusion of all other terms and conditions (including any which you purport to apply under any purchase order, confirmation of order, specification or other document).
f. Where and to the extent that you are entering into this Agreement on behalf of an organisation, you represent and warrant that you have the authority to bind such organisation. Any person who has access to any of the products or services that you procure from Ascential, by virtue of being designated by you as an individual user of the same, similarly agrees to be bound by the terms of this Agreement.
g. Notices required under this Agreement will be sent by email to the relevant party’s address on the Order Form or as otherwise agreed in writing for such purpose. Notice by email is deemed effective three hours from transmission. Ascential may also give notice to you via its website and such notice is deemed effective at the time at which it appears on the relevant website.
h. You acknowledge and agree that communication with us may be electronic. We may contact you by email or provide you with information by posting on our main website or one of our brand’s websites. You agree to this electronic means of communication and you acknowledge that any communications that we send to you electronically comply with any legal or contractual requirement that such communication be made in writing.
i. You may not assign, sub-license, subcontract or otherwise transfer to any third party (including any company within your corporate group, if applicable) any of your rights or obligations under this Agreement. We may assign, sub-license, subcontract or otherwise transfer to any third party (including any Ascential Group company) any of our rights or obligations under this Agreement at any time and without notice.
j. In the event that any provision of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, the remainder of this Agreement will remain valid and enforceable.
k. The official version of this Agreement is in the English language. Any translations of this Agreement are provided merely for convenience and will not be legally binding. In the event of any conflict between the English language version and any translations, the English version will prevail.
l. Where this Agreement uses the words ‘include’ and ‘including’, these are illustrative and not limiting.
m. This Agreement will not create, nor will it be construed as creating, any partnership or agency relationship between the parties.
16. Choice of Law
a. This Agreement will be governed by and construed in accordance with English law and the courts of England will have exclusive jurisdiction to settle any disputes arising out of or in connection with this Agreement.
b. This choice of law and jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
17. How we may use your personal information