Terms and Conditions
These Terms and Conditions shall apply to the Entrant’s entry to the Competition to the exclusion of any other terms.
1. Definitions and Interpretation
1.1 In these Terms and Conditions unless the context otherwise permits, the following words shall have the following meaning:
‘Business Days’ shall mean a day (other than a Saturday or a Sunday) when banks in London are open for business.
‘Competition’ shall mean the annual International Wine and Spirit Competition held by International Wine and Spirit Competition Limited.
‘Data’ shall mean all information recorded upon the Entry Form by the Entrant.
‘Depot’ shall mean the Freight Forwarder’s depot local to the Entrant, as detailed in the Entry Brochure.
‘Entrant’ shall mean the producer/ importer/retailer of the Entry.
‘Entry/Entries’ shall mean the wines and/or spirits entered into the Competition by the Entrant.
‘Entry Brochure’ shall mean the brochure available at the Website, or otherwise on request, including details of the Competition and the process for entering the Competition.
‘Entry Fee’ shall mean the fee for submission of each Entry to the Competition, as set out in the Entry Form and on the Website.
‘Entry Form’ shall mean the entry form for the Competition, which may be completed at, or downloaded from, the Website.
‘Freight Forwarder’ shall mean our current nominated shipping agent(s) for the Competition, details of which are contained in the Entry Form and will be provided to the Entrant by email following acceptance of their Entry.
‘Freight Forwarder’s Fee’ shall mean the fee chargeable if the Entrant opts to deliver the Entries to IWSC using a Freight Forwarder, as detailed in the Entry Form.
‘Group’ shall mean any subsidiary or holding company from time to time of IWSC, and any subsidiary from time to time of a holding company of IWSC.
‘IWSC’ shall mean International Wine and Spirit Competition Limited.
‘IWSC Cellars’ shall mean the cellars located at the following address: 17 Dunsfold Park, Stovold’s Hill, Cranleigh, Surrey, GU6 8TB.
‘IWSC’s Bank Account’ shall mean the bank account held by IWSC details of which are included in any invoice provided by IWSC (or otherwise notified in writing by IWSC).
‘Legal Information’ shall mean: (a) for Entries produced in the EU, the information required to be included upon labels for wines and spirits in conformity with EU Legislation; and (b) for Entries produced outside the EU, the name and address of the producer, the alcohol content, the volume and the contents of the Entry.
‘T&Cs’ shall mean these Terms and Conditions.
‘Website’ shall mean www.iwsc.net.
‘Winning Entrant(s)’ shall mean the Entrant(s) to which the winning Entry/Entries in each category belong.
1.2 The section headings are included for convenience only and have no legal effect.
1.3 References to sections are references to sections of these T&Cs.
1.4 Words importing the singular include the plural and vice versa.
1.5 These T&Cs, the Entry Brochure and the Entrant’s completed Entry Form set out the entire agreement between the Entrant and IWSC in respect of the Entrant’s participation in the Competition and in the event of any conflict between them, these T&Cs shall prevail.
1.6 By entering the IWSC competition, the Entrant agrees to be bound by these T&Cs.
2. Application Process
2.1 The Entrant may enter the Competition by:
(a) completing and submitting an Entry Form to IWSC;
(b) paying the Entry Fee in accordance with section 4; and
(c) delivering the Entries to IWSC in accordance with section 5,
in each case, prior to the deadline for Entry for the particular category of the Competition and (as detailed on the Website) subject always to these T&Cs.
2.2 The Entry Form may be completed either on paper or online by creating an account or logging onto your account at the Website. Where the Entry Form is completed on paper it shall be submitted to IWSC by post (to the address set out at section 2.3), or email (to the address set out in section 2.4). It is the Entrant’s responsibility to ensure they obtain confirmation that the emailed Entry Form has been received by IWSC.
2.3 Entry Forms submitted by post must be sent to IWSC Limited, Entry Department, 17 Dunsfold Park, Stovold’s Hill, Cranleigh, Surrey, GU6 8TB. IWSC recommends that postage is made by recorded means and IWSC shall not be responsible for any Entry Forms lost, damaged or delayed in transit.
2.4 Entry Forms submitted by email must be sent to firstname.lastname@example.org with the subject matter ‘Competition Entry’.
2.5 The Entrant must retain at least one copy of the Entry Form for the purposes of section 2.3.
3. The Entries
3.1 Entries will only be accepted if they are produced in commercial quantities and are of sound marketable quality. IWSC may, at any time, demand evidence from the Entrant to demonstrate that the Entries satisfy the criteria in this section 3.1.
3.2 All Entries must be finished and in their final container, sealed with the final seal and include the Legal Information.
3.3 Temporary labels may be applied to the final container but must include the Legal Information.
3.4 Entries must not contain any illegal additives (and any Entries containing illegal additives will be rejected). The Entrant warrants that the Entries comply with all applicable laws and regulations.
3.5 Tank samples will not be accepted as Entries into the Competition.
3.6 Four containers of each Entry must be received by IWSC before the Entry can be accepted.
3.7 Each Entry must have the bar code delivery slip attached to the outside of the container containing the Entry. Failure to attach such slip may result in delays in logging the receipt of such Entry at the IWSC Cellars or requirement for the Entrant to provide further details to IWSC prior to being able to log receipt of such Entry.
3.8 In the event that the Entrant is not the producer of the Entries (or any of them), the Entrant warrants that it has all necessary consents and permissions to enter the Entry into the Competition and that such consents and permissions will not be withdrawn at any time during the Competition. The Entrant will indemnify IWSC for any loss or liability suffered or incurred by the IWSC or any company in its Group which arises as a result of or in connection with any breach of the warranty contained in this section 3.8.
3.9 Entrants must be aged 18 and over and shall provide evidence to enable IWSC (in its absolute discretion) to verify this on demand.
4.1 Each Entry Form must be accompanied by full payment of the Entry Fee.
4.2 For Entries submitted online using the Website, the Entry Fee must be paid online, by credit or debit card.
4.3 For Entries submitted by post or email, the Entry Fee must be paid by cheque, credit card, banker’s draft or bank transfer in accordance with the payment instructions contained in the Entry Brochure. Entries made by post or email shall be subject to an additional non-refundable administration fee of £10 per form submitted. Such fee must be enclosed with the Entry Form in addition to the Entry Fee.
4.4 Cheque payments must be in £ sterling, Euros or US Dollars. To the extent that the Entry Fee is paid in any currency other than £ sterling, the exchange rate applicable at the date of payment shall apply to such conversion.
4.5 Where an Entrant is unable to make payment of the Entry Fee without an invoice, the Entrant may request an invoice from IWSC. IWSC may in its absolute discretion and without the requirement to provide a reason decline to accept a request for an invoice.
4.6 Where IWSC declines to accept a request for an invoice payment of the Entry Fee may be made by one of the payment methods stated in section 4.3.
4.7 Entry Fee and other payments (including those set out in section 4.3) must reach IWSC’s Bank Account in full and cleared funds before the Entry in respect of which the payment has been paid, will be accepted.
4.8 No refund or credit of an Entry Fee will be given in any circumstances, including but not limited to circumstances in which an Entry is disqualified, withdrawn, lost or damaged or does not arrive in time.
4.9 The Entry Fee and other amounts payable pursuant to these T&Cs shall be exclusive of VAT, which shall (if applicable) be payable in addition to such amounts.
5. Delivery, Risk and Title
5.1 It is the Entrant’s sole responsibility to ensure that the Entries are delivered to IWSC in accordance with the deadlines detailed on the Website.
5.2 The Entrant may deliver the Entries directly to IWSC Cellars.
5.3 Alternatively the Entrant may deliver the Entries to the Freight Forwarder. The Entrant must contact the Freight Forwarder directly to confirm the Freight Forwarders’ deadline for delivery of the Entries to the Depot.
5.4 It is the Entrant’s responsibility to ensure they deliver the Entries to the Depot before the Freight Forwarder’s deadline.
5.5 In the event that the Entrant misses the scheduled shipment by the Freight Forwarder, the Entrant must contact IWSC’s head office at the telephone number/or email provided in the Entry Brochure prior to making alternative transportation arrangements.
5.6 The Entrant will be responsible for all delivery charges, the Freight Forwarder’s Fee, taxes, customs duty, charges, levies, insurances and storage costs. All such charges must be paid by the Entrant in advance of receipt of the Entry by IWSC. The Entrant shall indemnify IWSC for any losses suffered and/or costs incurred arising from the Entrant’s breach of this section 5.6.
5.7 The Entries will be transported at the Entrant’s risk and it will be the Entrant’s responsibility to ensure the Entries are properly packaged and arrange adequate insurance. IWSC will not be liable for any loss or damage to the Entries whatsoever whilst the Entries are in the possession of the Entrant, the Freight Forwarder or at any stage during the delivery process.
5.8 Title in the Entries will pass to IWSC upon unloading of the Entries to IWSC’s Cellars.
5.9 IWSC will not be responsible to the Entrant for any loss or damage to the Entries whatsoever, whilst in IWSC’s possession prior to, during or following the Competition.
5.10 In the event of loss or damage to the Entry, whilst in the possession of IWSC prior to the Competition, the Entrant will be required to submit a replacement Entry at their own expense.
5.11 Upon completion of the Competition, any unopened Entries will be destroyed or donated to auction houses in favour of charities (at IWSC’S option).
6. The Competition
6.1 Where possible Entries will be judged in the category they have been entered into.
6.2 In the event of insufficient Entries in any particular category (such insufficiency to be determined in IWSC’s absolute discretion), Entries may, at IWSC’s discretion and without reference to the Entrant, be placed in another category.
6.3 The judging process will be entirely confidential and no details whatsoever will be released concerning the judging process and reasoning.
6.4 The judges decisions will be final and binding and will not be open to challenge.
6.5 Entrants will not have any involvement in the appointment of the judges.
7.2 The names of all winners in all categories will be published on completion of judging of each Competition. Winners may be notified by IWSC in advance of such publication but hereby agree that they shall not disclose such information to any other person prior to formal publication by IWSC of the winners of the Competition.
7.3 Publication will be in accordance with IWSC’s Marketing, Events, PR, Media and Social media strategy (as such subsists from time to time).
7.4 Winning Entrants agree that IWSC may publish details and the particulars of the winning Entries in all categories in accordance with its marketing strategy at such time (to be determined in its reasonable discretion).
7.5 Entrants agree that IWSC shall have the right to video film, photograph, and reproduce and edit unreservedly for republication, Entrants and/or winning Entries. IWSC warrant that they will obtain the necessary reasonable permissions and consents for the purposes of reproduction of images and film across all IWSC media channels.
7.6 IWSC hereby grants to the Winning Entrants a non-exclusive non-transferable licence, without the right to grant sub-licences, to use IWSC’s name, logo and marketing materials provided to the winning Entrant (‘IWSC IP’) to promote the winning Entry (and, for the avoidance of doubt, no other products belonging to the Entrant) in accordance with any reasonable instructions provided by IWSC from time to time. The Entrant shall not use the IWSC IP to promote their whole range of products or their business more generally. Only the winning Entry may be promoted as winners of the Competition and in respect of the winning category.
7.7 Winning Entrants will cease to use the IWSC IP upon 14 days’ notice from IWSC requiring them to do so at any time.
7.8 Subject to these T&Cs, Winning Entrants may promote and publicise in all online and off-line media their award, providing the year in which it was won is stated and this is used solely and exclusively in respect of the winning Entry.
7.9 The IWSC IP is the property of IWSC (or its licensors) and any unauthorised use, reproduction or alteration is strictly prohibited. Artwork permissions and use can be checked with the IWSC Marketing team. IWSC reserves the rights to refuse artworks that are not in line with the official IWSC brand policy and company guides.
7.10 The Entrant shall not do, or omit to do, anything in its use of the IWSC IP that could adversely affect their validity, value and/or reputation.
7.11 The Entrant agrees that nothing in these T&Cs shall operate to vest any right, title or interest in the IWSC IP in the Entrant, save as specifically set out in these T&Cs.
8. Limitation of Liability
8.1 In so far as is permitted by law, IWSC shall have no liability to the Entrant whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Entry, the Competition and/or the T&Cs.
9.1 IWSC may vary these T&Cs at any time without notice to the Entrants. Any revision of these T&Cs will be placed upon the Website without notice to Entrants. In the event that the Entrant does not agree to be bound by any amended T&Cs, they must withdraw from the Competition.
9.2 Notices shall be in writing and shall sent by pre-paid first class post to IWSC at their head office address and to the Entrant at the address set out on the Entry Form. A correctly addressed notice sent by pre-paid first class post shall be deemed to have been received two Business Days after posting in the case of a notice sent from an address in the United Kingdom to another address in the United Kingdom and 5 Business Days after posting if sent to or from an address outside of the United Kingdom. Notices shall not be valid if sent by email.
9.3 Any waiver by IWSC of a breach of any of the Entrant’s obligations under these T&Cs shall not amount to a waiver of any subsequent breach of the same obligation or any other obligation under these T&Cs.
9.4 Any breach of these T&Cs by the Entrant will result in the immediate and automatic disqualification of the Entrant.
9.5 IWSC reserves the right to cancel the Competition at any stage, and for any reason including circumstances which are outside of IWSC’s control without liability to the Entrant.
9.6 In the event of a dispute, IWSC’s decision will be final and binding.
9.7 These T&Cs and any dispute or claim arising out of them or their subject matter or formation shall be governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
9.8 The Entrant may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the T&Cs.
9.9 If any provision or part provision of the T&Cs is or becomes invalid or illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the T&Cs.
9.10 The T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
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