By clicking “I AGREE” and granting us permission to use your Content, you represent that you have read, agree to, and understand these entire Terms. IF YOU DO NOT CONSENT TO THESE TERMS IN THEIR ENTIRETY, DO NOT GRANT US PERMISSION TO USE THE CONTENT. By granting us permission to use the Content, you agree to be bound by these Terms, without modification, including all disclaimers, terms and conditions set forth herein.
You hereby grant the us the irrevocable, royalty-free right to publish, display, perform, distribute, reproduce, edit, modify, adapt, alter, change, create derivative works from, use and reuse your Content, including your name, username, image, performance, photograph, likeness and the images/performances of any other people in your Content therein (collectively, the “Material”), in any and all media, now known or later developed, throughout the world without restriction as to manner, frequency or duration of use, in perpetuity. Your Material may be used on the Website and ANDY Awards social media channels including, but not limited to, Instagram, Facebook, Twitter, Tumblr , and any other advertising materials at the sole discretion of the International ANDY Awards consistent with these Terms; however, the ANDY Awards is under no obligation to use the Material in any way. Without limiting the foregoing, you hereby grant the ANDY Awards the right to edit, arrange, adapt and combine your Content with other materials in its discretion, including on the aforementioned websites and social media channels.
- Additional Terms Applicable to Awards Entries. All Materials submitted for awards consideration must be client-approved advertising done in the normal course of business for a bona fide client. All such work must have run with client approval and with media placement paid for by the client (except in the Public Service and select interactive categories.) In addition to the foregoing Terms hereof, all entries or other Material become the property of the ANDY Awards and will not be returned. The entrant grants permission to show, duplicate or play entries as the ANDY Awards deem appropriate. If any network, cable or local broadcast station agrees to air an entry on the news or any other program relating to the ANDY Awards, the ANDY Awards will first obtain permission to broadcast from the entrant, who must then agree to obtain any permissions or clearances and to absorb talent or other residual charges incurred by the inclusion of their entry in the program, as required.
The ANDY Awards shall not be held liable for the loss of any entry, for any reason whatsoever.
In order to promote the ANDY Awards, each entrant authorizes the ANDY Awards to screen, publish or put online the award show entries and winners. The ANDY Awards may prepare and distribute copies in any medium of all ANDY Awards winners. This copy would be sold/rented/shown for educational and reference purposes only, and purchasers would agree not to duplicate, sell or broadcast any portion of it.
The ANDY Awards may 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 the work eligibility arise.
Materials may be submitted by agencies, clients, production companies, studios or any other firm or individual who produces advertising and related work. The entrant grants permission for Award entries to be move to appropriate categories during Final Judging as the ANDY Awards deem appropriate. Award Winners will be given the opportunity to resubmit winning materials for Show and Party purposes and to resubmit credits for publishing purposes.
Finalists will receive an official letter of notification and a request for additional materials by March of the following year for use in the Award Show.
The ANDY Awards prides itself on the integrity of our show and will investigate any ad which we suspect is not legitimate and reserves the right to withhold from judging or inclusion at our Show & Party.
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- DISCLAIMER OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE OR ANY CLAIMS RELATING TO THIS AGREEMENT OR ANY CONTENT SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE SERVICE.
- Release. You hereby release, acquit and forever discharge the ANDY Awards and its advertising or promotional agencies, and any promotional sponsors involved with the ANDY Awards’ websites and social media channels (collectively, “Released Parties”) from any and all claims, liabilities, demands, losses, damages (including special, general, incidental, consequential, punitive, or other damages), rights, judgments, actions, suits, causes of action, expenses (including reasonable attorneys’ fees), costs, and interest of any kind arising out of or related to, in whole or in part, directly or indirectly, your submission of Materials in accordance with these Terms. In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation, direct, special, indirect, incidental, consequential, or punitive damages, arising out of or related to, in whole or in part, directly or indirectly, your use or interaction with the ANDY Awards’ websites or social media channels or any related activity.
- Copyright Agent and DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
You may also mail us at
989 Avenue of the Americas, 7th Floor
NY, NY 10018
- Term and Termination.
This Agreement is effective until terminated by us or you. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting your user account on the Service and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.
- Governing Law and Venue for Disputes. This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party shall bear their own costs of arbitration.
- No Class Actions.
You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
- No Assignment, Sublicense or Transfer.
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
- Entire Agreement.
This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
Please click “I AGREE” to indicate your agreement to the foregoing terms and conditions.