Terms and Conditions regarding the Submission and Judging of Work that is the subject of the D&AD Global Awards:
Except where indicated otherwise all copyright and other rights that subsist in the home page and in the sub-domain pages of the www.dandad.org website ("the Site") are owned by D&AD of 9 Graphite Square, Vauxhall Walk, London SE11 5EE, United Kingdom.
The use of all pages of the Site are subject to the following terms and conditions of use but access to certain pages of the Site, some of which may be restricted, may be subject to further conditions of use as indicated:
D&AD Awards competition rules
1.1 Every Entry must satisfy the core criterion of being a genuine piece of advertising or design, which was released in a commercial environment. Entries cannot be made without the permission of the client and/or owner of the rights of the work. Concept designs or work created solely for the purpose of entering the awards are not eligible.
1.2 It is the Entrant's responsibility to ensure that each Entry accurately reflects the work that was broadcast, aired, printed or manufactured. No alterations may be made for the purpose of influencing the judges, such as altering colours, changing artwork or copy. The only acceptable alterations to work are those that are made solely for the purpose of satisfying specific competition requirements for the presentation of work, including re-sizing and mounting print advertising, dubbing non-English film entries with translated voice-overs and translating copy directly into English for print work.
1.3 No two companies may enter the same piece of work into the same Category. If the Entrant has collaborated on a piece of work with any other company or individual, it is the Entrant's responsibility to ensure duplicate entries do not occur. No refunds will be given for duplicate entries. If we are not advised on this issue by entrants within sufficient time, the first entry to be paid for and received will be entered.
1.4 All work entered must have been created and launched, circulated, published, broadcast or aired for the first time between 1 January 2007 and 31 December 2007. Entries may only be entered in the calendar year when they first became eligible for entry, and once entered may not be resubmitted the following year, unless the idea or realisation has been developed or significantly changed.
1.5 Entries which, up to and including the final date of judging, have infringed any of its country-of-origin's laws or voluntary or regulatory codes of practice are not eligible. All Entries will be subject to United Kingdom laws and the regulations of The British Code of Advertising, OAA, Sales Promotion and Direct Marketing and BSI. It is the responsibility of the Entrant to withdraw such work, should an infringement have arisen prior to the Awards Ceremony. If for any reason a winning or nominated piece of work has to be withdrawn, all production and other costs incurred will be charged to the entering company. Entry fees are not refundable except as stated in these Terms and Conditions.
1.6 All outdoor advertising work entered into Print & Editorial, Ambient, Integrated or any other relevant Category must have been advertised on legally paid-for advertising space. No fly-posted Entries will be accepted.
1.7 Work must be submitted in the correct format. D&AD maintain the right to withdraw entries that do not comply with the formatting specifications.
1.8 Entrants accept full responsibility in regards to the quality of the entries.
1.9 Where supplementary material is required all information must be factually accurate and verifiable, on request, from either the client or a third party.
1.10 D&AD reserve the right to move entries between categories if deemed necessary.
1.11 It is not the responsibility of D&AD to move or amend categories if they have been entered incorrectly. Work cannot be moved between juries at judging.
1.12 Entrants are responsible for entries to arrive by the sending deadlines as defined by D&AD.
1.13 Completion of the payment of entries will imply full acceptance by each entrant of the D&AD rules.
2 Enforcement of the D&AD Awards judging rules
2.2 At judging all juries are reminded of the rules and judges are asked to be vigilant. In the event that a jury queries the eligibility of an Entry, the Entrant will be required to provide documentary evidence or supplementary information. If the investigation cannot be resolved in time, the work is re-introduced to the competition until such time as the investigation has been concluded. D&AD reserves the right to remove work from the competition at any stage following investigation if it is not fully satisfied that the work is eligible and the competition rules have been followed.
2.3 Following the judging in April and prior to any announcement of nominations or publication in the D&AD Annual, Entrants will be required to provide editorial and other verification for work that has been successful.
2.4 Successful Entrants will be contacted after judging and requested to supply materials as will be specified in this correspondence for reproduction in the D&AD Annual, display at D&AD events and exhibitions.
3 Action against Entrants who infringe the D&AD rules
3.1 If D&AD establishes that an Entrant has infringed the competition rules the offending work is immediately withdrawn and a written case is submitted to the D&AD Executive Advisory Group on Awards Rules and Standards. The Rules and Standards Group is tasked to establish facts around the case and to advise the Executive Committee of trustees on further action or sanctions against the Entrant.
3.2 D&AD shall be entitled to take punitive action and/or seek compensation in the case of any breach of the competition rules. This may involve temporary or permanent disbarment from the Awards for either individuals or companies, and expulsion or suspension from the membership.
4 Non English Language Work
4.1 All advertising and design work that has been broadcast, printed or released in the English language is immediately eligible for entry.
4.2 All advertising and design work that has been broadcast, printed or released in a language other than English is eligible for entry, but a translation must be supplied in the form of subtitles, dubbing, narration, translation of radio script or printed translation depending on category requirements.
5 Licence
5.1 By submitting an Entry the Entrant hereby grants D&AD, its servants, agents and assigns an irrevocable, royalty free, non exclusive licence throughout the world to use the Entry in various ways (including without limitation copying performing, showing, playing, broadcasting, publishing, distributing or transmitting it by wireless, electronic or other means, whether now or hereafter invented, or issuing copies to the public) for the furtherance and promotion of D&AD's activities and goals. These activities and goals will comprise the promotion and running of the D&AD Global Awards and the presentation of a showcase of design and advertising in such a way as D&AD considers appropriate from time to time, including (without limitation) inclusion of the Entry (including credits and images) in the D&AD Annual, in a presentation or exhibition, in a film, videotape, CD-ROM, DVD, ROM, MPEG file any other carrier, internet sites, on digital asset management systems, making the Entry available for research and educational purposes, and any other activity which would enable D&AD to fulfil its charitable objective to advance the education of the community by encouraging the understanding, appreciation and commission of good design and advertising in communications media of all kinds.
6 Warranties
6.1 By submitting an Entry the Entrant warrants that it is entitled to grant the licence referred to above.
6.2 The Entrant warrants also that the credits indicated on the completed editorial form are correct, if an Entry is successful, and that D&AD's publication of these credits in the form submitted will not infringe on any moral or other right of the Entrant or any third party.
7 Indemnity
7.1 In the event of any claim by a third party that any use of an Entry by D&AD in accordance with the licence infringes any third party rights, by for example (without limitation) constituting a defamation, infringement of intellectual property rights or wrongful use of or disclosure of confidential information, then the Entrant who submitted the Entry shall indemnify D&AD and hold D&AD harmless from and against all and any such claims and all costs including without limitation legal costs, expenses, liabilities and damages which arise out of or in connection with such claims.
8 Governing Law
8.1 The terms and conditions of this Licence shall be governed and construed in all respects by the laws of England and Wales. D&AD and the Entrant hereby irrevocably submits to the exclusive jurisdiction of the courts of England in relation to any claim or dispute of any nature arising in relation to this Licence or any alleged breach of it.
9 Payment Terms
9.1 An Entry is not considered to be an Entry by D&AD until such time as full payment is received. On arrival at D&AD the fee paid in respect of each Entry will be checked and the Entrant will be liable for any underpayment of fees. D&AD will contact the Entrant to collect any additional fees.
9.2 All Entries must be paid for in full at the time of entering online by credit card, or within 5 working days from Entry for Bank Transfers. Work that has not been paid for will not be submitted for Judging. D&AD reserves the right to withdraw Entries for which the full payment of the Entry fee has not been received. No refund of any fees paid will be given if an Entry is withdrawn due to underpayment.
9.3 Entrants are to ensure that all carriage and shipping costs are fully paid before items arrive at D&AD. Any items sent to D&AD without carriage and shipping fees fully paid will be returned to sender. The shipping invoice should be clearly marked "Competition Material - No Commercial Value". The value indicated should be purely nominal. D&AD cannot be held responsible for items damaged or lost in transit.
10. Withdrawing Entries
10.1 D&AD reserves its right, in its absolute discretion, to withdraw an Entry from the judging process at any time. D&AD may do this where it is discovered, for example, that the entry does not meet the criteria laid out under Section 1 above. If D&AD does so the entry fee will not be refunded.
10.2 Entrants may withdraw entries via written request (via 'contact us') up until 18th February 2008 after which point no entries may be withdrawn from the awards.
10.3 D&AD are under no obligation to refund payments made for either individual entries or groups of entries. Under the circumstance of technical error it is at the discretion of D&AD to refund payments.
11 Correspondence
11.1 Official correspondence with regard to dispute or terms and conditions should be addressed to Awards D&AD, 9 Graphite Square, Vauxhall Walk, London SE11 5EE, United Kingdom. Telephone: +44(0)20 7840 1111, Fax: +44 (0)20 7840 0840
11.2 D&AD is a registered charity No. 305992. Registered office: 9 Graphite Square, Vauxhall Walk, London SE11 5EE, United Kingdom. http://www.dandad.org Registered in England. Company No. 883
12 Competition Results
12.1 The person named in your Entry as the main contact for the submission will be contacted with the competition results. Judging will take place between Monday 7 April and Thursday 10 April 2008. Entrants will be required to submit full credits by Thursday 24 April 2008. Failure to comply will result in lack of credited work on the D&AD website and at the Awards Ceremony on 15 May 2008.
12.2 Credit details and images for entries accepted into the D&AD Annual but not nominated for an award, must be supplied to D&AD, in the formats as requested, by Thursday 1 May 2008. Failure to supply requested images and credits by dates specified may result in lack of inclusion in the D&AD Annual 2008.
12.3 It is essential that D&AD is informed if the main submission contact person changes. It is the Entrant's responsibility to ensure the accuracy of all information supplied especially for updated contact details. Entrants who do not comply with this will not be informed of the results of the competition.
12.4 All Yellow and Black Pencils will be presented at the D&AD Global Awards Ceremony on Thursday 15 May 2008 at the Royal Festival Hall, London
13 Property in Entries
13.1 All materials which accompany or form part of an Entry will be retained by D&AD and physical property in all artwork, beta SP, CD, CD-ROM, DVD, Console Game or other item which comprises an Entry will pass to D&AD on receipt by D&AD. Under special circumstances D&AD will return entries, upon written request. In this case Entrants are responsible for all shipping costs. D&AD cannot in any circumstances accept responsibility for loss of or damage to entries.
14 Certificates
14.1 A certificate will be given at no cost to all those credited Yellow and Black Pencil winning work and Nominations. Entrants who have work accepted in the Annual may purchase certificates.
