The International ANDY Awards (the “Awards”) may only be entered in or from the following countries: Argentina, Australia, Belgium, Brazil, Bulgaria, Canada, China (including Hong Kong), Colombia, Czech Republic, Denmark, Egypt, France, Germany, Hungary, India, Indonesia, Israel, Italy, Japan, Lebanon, Mexico, Mozambique, Netherlands, New Zealand, Norway, Peru, Philippines, Romania, Russia, Singapore, South Africa, South Korea, Spain, Sri Lanka, Oman, Sweden, Switzerland, Taiwan, Thailand, Ukraine, United Arab Emirates, United Kingdom, United States (including the 50 states, the District of Columbia, and all territories of the United States) (the “Eligible Jurisdictions”) and entries originating from any other jurisdiction are not eligible for entry.
- How to Enter. To enter the Awards, go to http://184.108.40.206/enter-now/ (“Site”), read the Official Rules, complete the online entry steps, upload your Submission (as defined below), which shall comply with the these rules and requirements set forth herein, pay the application fee, accept these Official rules, and click the “submit” button. All entry information and accompanying files shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Submission Guidelines and Content Restrictions defined below. All Submissions submitted for awards consideration must be client-approved advertising done in the normal course of business for a bona fide client. Sponsor reserves the right to cancel or modify the Awards in the event an insufficient number of entries are received Judging Criteria set forth in Section 5. An entrant may submit more than one Submission.
By entering the Awards and accepting these Official Rules, each entrant warrants and represents the following with respect to their Submission: (a) entrant has read and understood these Official Rules, and agrees to be bound by them; (b) entrant is the sole and exclusive owner or authorized licensee of the Submission and has the right to or express written permission of the owner to submit the Submission to the Awards; (c) the Submission does not infringe on any rights of any third parties (including intellectual property rights) and has all the necessary rights, permissions and clearance in relation to the Submission; (d) any third parties appearing in the Submission have given entrant appropriate consent to be filmed and used as permitted herein; (e) entrant is over the age of majority in entrant’s state or country of residence and have no conflicting contractual obligations; (f) the Submission does not contain any personally identifiable information or personal data, including, without limitation, addresses or email addresses; (g) the Submission does not include anything defamatory, discriminatory, offensive, sexist, dangerous, illegal, inappropriate or potentially damaging to or negative regarding the Awards, its products or services. Sponsor reserves the right to request third party releases from any third party included in any Submission at any time. Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor’s sole and absolute discretion. The Awards may also require an approved media schedule from entrants to confirm the authenticity of ads. Entrants may be contacted prior to or during final judging for additional information should any questions about a Submission’s eligibility arise.
Each entrant grants to Sponsor a royalty-free, irrevocable, perpetual (or for the duration of protection of the rights where perpetuity is void), non-exclusive license to use, reproduce, modify, publish, communicate to the public, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, with or without identification of the entrant or any authors of the Submission, in whatever form and in whatever circumstances Sponsor sees fit, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed (but for Spanish participants, in any medium known at the time when such rights were granted), for any purpose whatsoever, including for promotional or marketing purposes and consent to Sponsor doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of the entrant’s moral rights, to the fullest extent permitted by law. Without limiting the foregoing, entrant represents and warrants that entrant has obtained all necessary rights, licenses and privileges from all talent featured in any Submission and has paid all talent and other residual charges arising out of or relating to the inclusion of the Submission in any such live stream.
Receipt of Submissions will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. Entrants must comply with the applicable laws, decrees, regulations and guidelines of their Eligible Jurisdiction, and Sponsor will have no obligation to change or modify any of these Official Rules or take any further action as a result of such laws, decrees, regulations or guidelines of any Eligible Jurisdiction, except as is otherwise provided in these Official Rules.
- Start/End Dates. The submission period begins at 11:59:59 Pacific Standard Time 7:59:59 GMT on December 1, 2018 and ends at 11:59:59 PM Pacific Standard Time 7:59:59 GMT on March 16, 2019. It is each entrant’s responsibility to ensure it is aware of any time difference in the entrant’s Eligible Jurisdiction and that Sponsor receives the Submission prior to the closing time and date.
- Eligibility. Participation is open only to legal residents and companies of the Eligible Jurisdictions who are at least the age of majority in their state or country of residence as of the date of entry. Void outside of the Eligible Jurisdictions, and where prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor and their respective parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Awards materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Awards if you are not located within the Eligible Jurisdictions. All federal, state, province and local laws and regulations of the Eligible Jurisdictions apply. Submissions may only be submitted by agencies, advertisers, production companies, marketers, studios or other firms or individuals who produce advertising and/or related work on behalf of bonafide clients, in the normal course of carrying on a business or students enrolled in university or higher education institutions.
- Submission Guidelines and Content Restrictions: By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Awards if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions or threatens the integrity of the Awards.
- The Submission must be in English or French.
- Non-English Submission must be accompanied by English subtitles.
- All Submissions must have run with client approval and with media placement paid for by the client;
- The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not in any way disparage Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations any jurisdiction where Submission is created;
- The Submission must adhere to all local laws, codes and regulations relating to the Submission and any third parties appearing in the Submission;
- The Submission cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; and
- The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Awards.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Award winners will be given the opportunity to resubmit winning materials for archival purposes and to resubmit credits for publishing purposes.
Sponsor’s decisions are final and binding in all matters relating to the Awards, including, but not limited to, interpretation and application of these Official Rules. By entering the Awards and accepting these Official Rules, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Awards. In particular, it will be mandatory for each entrant to expressly accept these Official Rules and the grant of rights in favor of Sponsor with respect to entrant’s Submission pursuant to the terms indicated in these Official Rules. Additionally, entrants must sign and return a written document as requested by Sponsor to perfect such grant, if necessary.
- Winner Determination. On or about March 17, 2019 – March 21, 2019 at all eligible Submissions will be judged by a panel of judges appropriately qualified to apply the Judging Criteria, who will be judging the Submission at a recorded Facebook LIVE event. All Submissions will be judged based on the following judging criteria (“Judging Criteria”): (a) creativity; (b) idea; and (c) creative/marketer collaboration. Judging will take place over the course of several days. During the first round of judging, Submissions are awarded up to a maximum of 5 points from each judge based on the Judging Criteria. Judges may abstain from scoring a Submission should the Judge have personal involvement or contribution to the submission. Submissions that receive a cumulative score of over a specific score range determined after the first round of judging has concluded will progress to the final round of judging where winners will be selected their respective skill in meeting the Judging Criteria.
- Prize(s). The prizes to be given out are as follows:
Prize class: The Gold ANDY Award
Prize: A Gold ANDY Statue.
Approximate retail value of prize: USD$350
Prize class: The GRANDY Award – Best idea in show distinction (for non-students)
Prize: A GRANDY ANDY Statue.
Approximate retail value of prize: USD$500
Prize class: Glenn C. Smith Scholarship – Best idea in show distinction (for students)
Prize: A Student ANDY Statue and the Glenn C. Smith Scholarship to be used to further their studies – USD$10,000
Approximate retail value of prize: USD$10,350
Prize class: Richard T. O’Reilly Public Service Award – Best idea in show distinction for Public Service
Prize: A Gold ANDY Statue and the Richard T. O’Reilly Public Service Award – USD$10,000 donation to the non-profit, not-for-profit or charity the work was created for
Approximate retail value of prize: USD$10,000
Prize class: Bravery Award for best example of creative/marketer collaboration
Prize: A Gold ANDY Statue only.
Approximate retail value of prize: USD$350
Except the donation to the charity the work was created for, prize(s) is/are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All prizes must be claimed in accordance with the claim process set out in Section 7 below. All unspecified expenses are the responsibility of winner(s). All federal, state, provincial and local taxes and unspecified expenses (including social contributions and/or VAT Taxes, where applicable) are the responsibility of winner(s). AWARDING OF PRIZES TO WINNERS IS SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL OR OTHER TAX REPORTING LAW OR REGULATIONS IN THE UNITED STATES AND IN THEIR RESPECTIVE ELIGIBLE JURISDICTION. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Refusal by any entrant to submit such documentation or complete any required forms or obligations shall result in such winner forfeiting the prize, leaving it unclaimed.
- Notification. Winners will be notified by email by April 1, 2019 and will be required to sign and return, where not prohibited by law, a Declaration or Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) days of prize notification. Additionally, if requested by Sponsor, winners must submit releases from any and all third parties appearing in their respective Submissions.
FOR RESIDENTS OF FRANCE AND UK ONLY: Each potential winner will receive a document called “eligibility/publicity release” designed to obtain his/her free consent to use his/her full name, likeness, city of residence and Submission for promotional purposes and without additional compensation. In any case, a lack of consent does not prevent such potential winner from receiving the prize. If an entrant is a potential winner, the potential winner will be notified via email by Sponsor to the email address provided to Sponsor upon entry. Potential winner(s) will be required to email Sponsor within five (5) calendar days in order to claim their prize.
If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
- Conditions. BY PARTICIPATING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE NON-EXCLUDABLE GUARANTEES (DEFINED BELOW) ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, ITS PROMOTIONAL PARTNERS, FACEBOOK, AND THEIR ADVERTISING AND PROMOTIONS AGENCIES, CONTENT PROVIDERS, PRODUCERS AND DISTRIBUTORS OF CONTENT AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE AWARDS, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY AWARD-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, provincial, local state and local taxes are the sole responsibility of the winners. Participation in the Awards and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Awards or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules, or attempt to interfere with the Awards in any way shall be disqualified. Entrants acknowledge and agree that their participation in the Awards are not and do not create any confidential, fiduciary, employment, agency or other special relationship between entrant and Sponsor. Subject to the Non-Excludable Guarantees, Sponsor is not responsible if the Awards cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
- Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Awards, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in the Awards or downloading any materials in the Awards. Sponsor reserves the right, in its sole discretion (subject to the approval of any applicable regulatory authority in an Eligible Jurisdiction, including the Régie des Alcools, des Courses et des Jeux), to cancel, terminate, modify, extend or suspend the Awards should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Awards. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any entrant or prospective entrant it finds, in its sole discretion, to be tampering with the entry process or the operation of the Awards or web site. Sponsor may prohibit an entrant from participating in the Awards or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Awards by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AWARDS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant, or the legal entities on behalf and/or in the name of the entrant, and must comply with these Official Rules. The “authorized account holder” is the natural person or legal entity assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
- Limitation of Liability; Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE ANY WEBSITES ASSOCIATED WITH THE AWARDS, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE AWARDS. WITHOUT LIMITING THE FOREGOING, THE AWARDS AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW (I) THE EXCLUSION OF IMPLIED WARRANTIES ON APPLICABLE STATUTORY RIGHTS; AND (II) LIMITATIONS ON A CONTRACTING PARTY’S LIABILITY WITH REGARDS TO DAMAGES OR DEATH CAUSED DUE TO ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SOME CASES. THIS LIMITATION MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS AND THEREFORE MAY NOT APPLY TO ALL ELIGIBLE PARTICIPANTS. FURTHER, NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Disputes; Governing Law. To the fullest extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Awards.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE ELIGIBLE JURISDICTION WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Eligible Jurisdiction. To the fullest extent permitted by law, the parties agree not to raise the defense of forum non conveniens.
- List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by May 31, 2019 to: The Advertising Club, 989 6th Avenue, New York NY 10018.
- Sponsor. The sponsor of the Awards is The Advertising Club, whose principal place of business is at 989 6th Avenue, New York NY 10018, USA (“Sponsor”). You can contact Sponsor in relation to the Awards or these Official Rules at the address set out herein.
THE ANDY AWARDS IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK. EACH ENTRANT HEREBY RELEASES FACEBOOK FROM ALL LIABILITY RELATING TO THE AWARDS. THE TRADE MARKS AND OTHER PROPRIETARY RIGHTS OF FACEBOOK ARE ACKNOWLEDGED.