Wine Industry IMPACT Awards 2023 - Terms & Conditions

Wine Industry IMPACT Awards (WIIA) 2023

Terms & Conditions

1.       Parties.
Entry to be considered for an award in a category of the Wine Industry Impact Awards forms an agreement between WINE INDUSTRY SUPPLIERS ASSOCIATION INC. (WISA) ABN 73 455 915 365 and the person entering the Wine Industry Impact Awards competition (Entrant) on the terms and conditions set out below (this Agreement).

2.      Terms.
The Entrant should review the terms and conditions of this Agreement carefully before submitting an entry and should NOT PROCEED IF THE ENTRANT DOES NOT AGREE TO THEM.

3.      Wine Industry Impact Awards Entry.
Entry to the Wine Industry Impact Awards is only open to members of WISA with fully paid up membership fees. Entry will be open between the dates and times set out on WISA’s website. A valid entry will be received by WISA when the Entrant completes and submits the online form.

4.      Acceptance.
Entries into the Wine Industry Impact Awards competition shall be accepted at the sole discretion of WISA.

5.      Winner
The winner of a Wine Industry Impact Award in each category shall be determined by a panel of judges selected by WISA. The judges for each category will assess the entries in that category and make a determination of the winner based on the entry which they consider best captures and inspires connection and delivers IMPACT to the wine industry. The decision of the judges in selecting an award winner in each category of the Wine Industry Impact Awards is final and conclusive and no reconsideration or appeal from the decision of the judges is possible. The winner will be announced at the Wine Industry Impact Awards Gala Dinner and shall receive a trophy.

6.     Intellectual Property.
The Entrant warrants that their entry into the Wine Industry Impact Awards competition does not infringe the copyright or any other intellectual property right of any other person. WISA agrees to use the logos, trade marks and other corporate branding of the Entrant (Entrant’s IP) solely in accordance with any instructions provided by the Entrant. The Entrant retains all intellectual property rights in the Entrant’s IP and grants to WISA a non-exclusive licence to reproduce and publish the Entrant’s IP for the purpose of promoting and conducting the Wine Industry Impact Awards competition and as otherwise permitted by the Entrant.

7.      Fees.
In consideration of WISA’s conduct of the Wine Industry Impact Awards competition, the Entrant will pay to WISA the entry fee of $100 inclusive of GST. This is due and payable within 14 days from the entry submission unless otherwise mutually agreed. Barring any statutory requirements or as otherwise set out herein, this fee is non-refundable.

8.      Relationship.
The relationship between the parties under this Agreement is that of independent contractors. No agency, employment, joint venture or partnership is created and no fiduciary relationship exists between the parties.

9.      Reputation.
The parties agree to use their best endeavours to preserve and protect the other party’s reputation for a period of 12 months commencing on the opening date of the Wine Industry Impact Awards competition.

10.      Confidentiality.
Each party agrees to keep confidential all information which a party should reasonably understand to be confidential to the other party. Neither party may disclose or permit the disclosure of confidential information to any third party. If either party becomes aware they are in breach of this obligation, that party will immediately notify the other party. However, either party may disclose information where it is required to do so for that party to perform its obligations under this Agreement or as required by law or to the extent that the other party has provided its prior written consent. This clause survives termination of the agreement between the parties.

11.      Privacy.
WISA shall handle all personal information (as defined in the Privacy Act 1988) in accordance with any obligations it has under the Privacy Act 1988. Note that the entrant consents to WISA disclosing personal information provided by the entrant to WISA to WISA’s media partner for the purposes of direct marketing. The Entrant warrants that all it has obtained the consent of each individual whose personal information is provided by the Entrant to WISA to the use and disclosure of their personal information in accordance with this Agreement.

12.   Assignment.
The rights of either party under this Agreement are not transferable or assignable either in whole or in part without the prior written consent of the other party.

13.     Dispute Resolution.
If either party considers that the other party is in breach of this Agreement, it should serve written notice to the other party specifying the nature of the breach. The other party should respond in writing within fourteen (14) days of receiving the notice.

14.    Inappropriate behaviour.
Should the Entrant’s dealings with judges, WISA members or WISA personnel be considered by WISA to be inappropriate then WISA may, in its discretion, refuse or revoke the Entrant’s Wine Industry Impact Awards competition entry.

15.    Force Majeure.
Where one party is unable to carry out its obligations under this Agreement due to circumstances beyond its control or which it could not have reasonably prevented, those obligations are suspended whilst those circumstances continue, provided the other party is notified and the first party uses its best endeavours to overcome the circumstances preventing its obligations from being carried out.

16.     Limitation of Liability.
With the exception of liability which cannot be excluded by law, WISA shall not be liable for any loss or damage which is suffered (including but not limited to indirect or consequential loss) or for personal injury suffered or sustained (including negligence) as a result of the Entrant entering the Wine Industry Impact Awards competition.

17.     Indemnity.
The Entrant agrees to hold harmless and indemnifies and keeps indemnified WISA from and against all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to the Entrant’s participation in the Wine Industry Impact Awards competition, including without limitation with respect to an infringement of any intellectual property right.

18.    Modification.
This Agreement may not be modified, amended, added to or otherwise varied except where mutually agreed in writing.

19.    Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of South Australia and the parties agree to submit to the non-exclusive jurisdiction of the Courts of that State.

20.    Entire Agreement.
This document constitutes the entire agreement between the parties as to its subject matter, and in relation to its subject matter, supersedes any prior understanding or agreement between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by either party.