7. The Guiding Principles indicate the spirit in which the Rules will be interpreted and in which they will be applied. Where Ascential determines that any Entrant has not behaved in accordance with the Guiding Principles, we may direct the Entrant to modify or remedy its behaviour (even where such behaviour is not an express breach of any particular rule), and any failure by that Entrant to modify or remedy its behaviour may lead to disqualification.
8. The Guiding Principles are as follows:
8.1. Fairness and Integrity. Entrants and Ascential must act fairly in their application of the Rules, without seeking to exploit the Rules to the unfair advantage, or disadvantage, of any given Entrant. Entrants must not undertake any activities which would bring the fairness of the Awards or Special Awards into disrepute (including by collusion with any other Company for the maximisation of points).
8.2. Transparency and Accuracy. Entrants and Ascential should provide information to each other in a full, frank, and open manner, to maintain the transparency and accuracy of the Awards and the Special Awards.
8.3. Ownership and Responsibility. Representatives have a special role to play in ensuring the accuracy of information provided by Entrants for the calculation of the Special Awards. Representatives must take full ownership of, and responsibility for, submitting only that information which they believe is accurate, and will be required to sign a Declaration Form accordingly.
8.4. Good Faith and Co-Operation. Ascential will carry out the administration of the Special Awards in accordance with the Rules, using its discretion where necessary and in good faith, and relying on the information it receives from Companies and/or their Representatives. In turn, all Entrants and Representatives should cooperate in good faith with Ascential, including by providing information, and providing the necessary declarations, by the deadlines set in the Rules.
9. The Festival represents the best in creative vision and achievement and we continually strive to protect the spirit and purity of the Awards. The issue of scam work is an important one which we take very seriously. The role of the Festival is to set the benchmark for creativity in communications, to celebrate creativity and to reward outstanding creative work. The best way to prove that creativity is a force for business, for change and for good in the world is to ensure that scam work is removed from the Festival. Where we consider that an Entry is a scam (a “Scam Entry”) we may withdraw the Scam Entry or remove the Entrant’s Award or Special Award (as applicable).
10. Entrants should not: (a) bring the Festival into disrepute; or (b) do anything which could be prejudicial to the image and/or reputation of the Festival or the Awards. Where we consider that an Entrant has not complied with this clause, we may withdraw their Entry or remove their Award or Special Award (as applicable).
Checks and requests for further information
11. We reserve the right to request additional information about your Entry, including for the purposes of verifying its eligibility or authenticity. For example, we may ask for media scheduling details, Client confirmation in writing or any other further information we need to verify the authenticity of your Entry. If you do not provide us with the requested information or if we determine that you have not provided us with adequate information, we may withdraw your Entry, Award or Special Award (as applicable).
12. We also reserve the right to carry out our own checks to make sure that the information you have provided about your Entry is correct, including but not limited to checking that: (i) your purported Client is legitimate; and (ii) that the product featured in the Entry corresponds with your Client's portfolio.
Effect of Non-Compliance with the Rules
13. We shall have the right to determine whether the Rules have been complied with. If we find that you have potentially breached the Rules, we will invite you to explain, including explaining any mitigating facts or circumstances. If we find that the Rules have been breached, we shall have the right to disqualify the relevant Entry and/or impose any other penalty specified in these Rules.
14. Where we deem that an Entrant has deliberately and knowingly contravened the Rules (including by entering an ineligible or Scam Entry), we may ban any or all of those individuals named on the relevant Entry's credit list from entering the Festival. Ascential will determine the appropriate length and nature of the ban based on the seriousness of the case involved. Not all situations are the same and each case will be dealt with on its own merits.
15. Our decisions in all matters relating to the Festival shall be final and binding.
Intellectual Property Rights: Treatment, Use and Publication of Entries
16. By submitting your Entry, you confirm that you have all the relevant rights and consents required to allow us, and any parties associated with us, to use your Entry as set out in these Rules.
17. When you submit an Entry, you warrant to us that you are doing so in full compliance with all intellectual property rights which subsist in the Entry, including as follows:
17.1. you have the legal right to submit the Entry into the Festival; and
17.2. the exercise of the Festival Purposes by us or our authorised representatives shall not infringe the rights of any third party, nor breach any applicable laws.
18. By submitting their Entry, and in return for us agreeing to consider their Entry for an Award, Entrants give us the right to use their Entry Materials in accordance with the Rules, including for the Festival Purposes.
19. To the extent that you are not the owner of the Entry Materials, you agree to use commercially reasonable endeavours to ensure that we may exercise the Festival Purposes without Restriction. In this context, using commercially reasonable endeavours includes trying to get any relevant third parties (e.g. third-party rights holders) to agree to allow us to exercise the Festival Purposes. It does not include having to retrospectively amend or agree new terms of engagement for any Entry already commissioned. Nor does it require you to spend any money to get permission for us to exercise the Festival Purposes.
20. The "Festival Purposes" which we may, but are not obliged to, carry out are as follows:
20.1. Screening or publishing Entry Materials with or without charge at public or private presentations, in such manner and form as we reasonably think fit;
20.2. reproducing Entry Materials in ‘The eurobest Winners Site’ (and any future iterations of The eurobest Winners Site) and offline;
20.3. Permitting third parties to use Entry Materials, directly or indirectly, to promote the Festival; and
20.4. Reproducing any Entry in a collection of advertisements which may be offered for sale anywhere in the world, including in the Cannes Lions Archive (and any future iterations of the Cannes Lions Archive including The Work). Such a collection may not, nor may any extracts of it, be copied, marketed or sold by a third party other than Ascential or any organisation authorised to do so by us. This may include adaptation/translation by a third party.
21. The Festival Purposes set out above shall not include any action that may violate:
21.1. any applicable law; or
21.2. any restriction placed on the use of the Entry by its legal owner, a permitted licensee or a third party whose property is included in the Entry Materials, where you have notified us of such restriction;
(each of (a) and (b) being a “Restriction”).
22. You must notify us in writing (including by e-mail) of any Restriction as soon as reasonably possible on becoming aware of it.
23. You must immediately inform us if you become aware that an unauthorised collection or compilation including your Entry is available for sale or distribution.
24. If any legal action is started against us in relation to your Entry then, without prejudice to any other rights or remedies available to us, you shall promptly assist us in dealing with the claim (including, without limitation, by providing all documentation establishing ownership of rights in the Entry at our request).
Administration of the Festival
26. We have absolute discretion to change the Category or Section that an Entry is entered in to at any time (including, but without limitation, where we believe that such changes are necessary to ensure that all Entries are showcased in their best light). We will inform Entrants if we make any changes to their Categories or Sections.
27. If there is a complaint about any Award-winning or shortlisted Entry or the award of a Special Award we may, at our discretion, choose to investigate the complaint. If we choose to investigate a complaint, you must cooperate fully with us in relation to that investigation, including by providing us with any information we request from you.
28. If we uphold a complaint and find that the winning or shortlisting of any Entry was unfair or incorrect, we may withdraw the relevant Entry, Award or Special Award, as applicable.
Cancellations and refunds
29. If you wish to withdraw your Entry, you must notify us:
29.1. by email to firstname.lastname@example.org; or
29.2. through your account at www.eurobest.com.
30. We reserve the right to disregard any other form of notification.
31. Subject to clause 35 (Entries withdrawn by us) of Part A of these Rules, if you withdraw your Entry on or before 11 October 2018 for any reason, you will be eligible for a refund on your Entry Fee less a processing fee of €100.
32. We will process refunds and credits after the Festival on receipt of a request to email@example.com. If requesting a credit, please specify if this is for Entry Fees or delegate passes and the year you would like to use the credit for within your request.
33. If you withdraw your Entry after 11 October 2018, you will not receive a refund or a credit.
Duplicate Entries from different Entrants
34. If we receive two Entries of the same work in the same Category or Section from different Entrants (e.g. if a Production Company enters the same piece of work that an Agency has already submitted), the Entry Fee paid by the second Entrant (i.e. the Entrant which submitted its Entry later in time) may be used by that Entrant to: (i) move the Entry to another Section or Category; (ii) enter a new Entry in its place; or (iii) receive a credit note for next year’s Festival.
Entries withdrawn by us
35. We will not refund your Entry Fee where we have withdrawn your Entry because it:
35.1. does not comply with the Rules (including the eligibility requirements); or
35.2. is missing required media/results/information and you have failed to provide the information within a reasonable period (where reasonable period is to be determined by us in our absolute discretion).
Changing your Category/Section
36. Before 2 November 2018 you may change the Category or Section that your Entry has been entered into.
37. If the Category or Section that your Entry has been entered into changes, you will:
37.1. not be eligible for any refund in respect of any price difference between the Entry Fee payable for the original Category or Section and the new Category or Section (but any price difference will be credited to you for use against payment for the Entry Fee for other Entries in the same year's Awards);
37.2. be required to pay any additional amount in respect of any price difference between the Entry Fee payable for the original Category or Section and the new Category or Section.
38. Where you have entered a piece of work into the same Category or Section more times than permitted (please check the Additional Requirements for each Category or Section for details), you will not be eligible to receive any refund. However, you will be able to use the funds paid for that Entry Fee:
38.1. to move the work to another Category or Section; or
38.2. to enter a new piece of work in its place.
39. If you win an Award or Special Award, any duties, fees and charges accrued from the transporting of the trophy must be covered by the recipient, not by us.
40. The eurobest trophy and all eurobest branding is the intellectual property, including copyright, design rights and trademark rights, of Ascential and/or its group companies. We have the exclusive right to and not limited to, reproduce, manufacture, copy, and sell the eurobest trophy in any size or medium, and to distribute or exploit the design of the eurobest trophy or reproductions of the same by gift, sale, re-sale or licence. No reproduction, replica or other copy of the eurobest trophy or eurobest branding may be made or used by any manufacturer, advertiser, organisation or individual except in accordance with these terms unless you have our prior express written consent or a license from us.
41. Where we Display an Entry we are doing so for the purpose of criticism and review only. Displaying an Entry does not constitute any recommendation, endorsement or promotion of the products or services featured in the Entry by us or any of our affiliates. Subsequent Displays do not represent the views or opinions of us or our affiliates. Ascential and its affiliates do not accept any liability of any kind in respect of any Display or any product or service referred to in any Display.
42. Each Entrant acknowledges and agrees that the Rules constitute the entire and only agreement between the Entrant and Ascential. No Entrant has relied upon, nor has been given by Ascential, any warranty, representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as expressly set out in the Rules. In the event of any clash between these Rules and any other material published by us, these Rules shall take precedence.
43. If any provision of the Rules is or becomes invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of any other provision shall not be affected or impaired in any way.
44. Ascential does not accept any responsibility for any damage, loss, injury or disappointment suffered by any Entrant.
45. Ascential's liability to any Entrant, whether in contract or tort (including negligence), shall be limited to the amount of the Entry Fee. For the avoidance of doubt, Ascential shall not be liable to any Entrant for any indirect, consequential or special loss arising out of, or in connection with, the Festival, nor for any loss of profits or business (save that nothing shall exclude Ascential's liability for death or personal injury as a result of its negligence).
Governing law and jurisdiction
46. The Rules shall be governed by and construed according to English law and the parties submit to the exclusive jurisdiction of the English courts.
47. In the event of any dispute, controversy or claim between an Entrant and Ascential, arising out of or relating to the Rules, including without limitation regarding its existence, validity or termination (a "Dispute"), the parties shall first seek settlement of that Dispute in accordance with the following procedure:
47.1. any party alleging a Dispute shall 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; and
47.2. thereafter, the parties shall 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.
48. In the event that the parties cannot settle the Dispute in accordance with clause 47 of Part A of these Rules (and within the time period stipulated under clause 47.2 of Part A of these Rules), the Dispute shall be referred to and finally resolved by mediation under CEDR or the parties may mutually agree to arbitration under the LCIA Rules, which LCIA Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London and the language of the arbitration shall be English