- In signing the entry form and completing and submitting the Advertising Council Australia Effectiveness Data Questionnaire and any other required material and information, you and the client unconditionally assign all present and future registered and unregistered intellectual property rights, including without limitation copyright, in and to the response, information, and the materials submitted in the Entry and questionnaire (“Case Study”) irrevocably throughout the world to Advertising Council Australia. Advertising Council Australia grants a non-exclusive, royalty-free licence to winning agencies to use the Case Study for internal and client or prospect use.
- You warrant and your client warrant that: (a) in respect of all third-party owned materials (including without limitation original advertising content) included in or supplementary to the Case Study, all permissions or licences required from the third party rights owners for their use in connection with the Awards and this Agreement, have been obtained in writing before submission of the Entry and such permissions or licenses must be delivered to Advertising Council Australia on request; and (b) that in compiling and submitting an Entry and in granting ACA any rights under this Agreement, you have complied with all applicable laws, including the provisions of the Privacy Act 1988 (Cth). These warranties survive termination or expiration of this Agreement. For the avoidance of doubt, the original third-party rights owners retain ownership of the intellectual property in external materials and actual advertising content.
- You consent to Advertising Council Australia and its licensees or its assignees doing or omitting to do anything which would otherwise infringe any of the client’s or agency’s moral rights (as that term is defined in the Copyright Act 1968 (Cth)) or similar laws in any other territories in which the client or agency operate in for any purpose and in any media.
- You warrant to Advertising Council Australia that neither the Entry nor anything included in it or supplementary to it infringes the rights of a third party, including intellectual property rights and privacy rights of any third party, nor is it in any other way unlawful or injurious.
- You indemnify and hold harmless Advertising Council Australia (for itself and its licensees, successors and assignees) on demand from and against any claim, damage, loss, cost, charge, expense, outgoing or payment which the Advertising Council Australia (or its licensees, successors or assignees) pays, suffers, incurs or is liable for in respect of a breach of a warranty contained in this Agreement, whether arising before or after the date of submission of the Case Study. This indemnity survives termination or expiration of this Agreement.
- All winners’ and finalists’ Case Studies (including without limitation any third-party materials comprised in the Case Studies such as advertising content)) will be made available both in Australia and internationally for publication by the media and on Effie and relevant websites for all purposes approved by Advertising Council Australia for such terms as determined. Entrants will be allowed to remove confidential information before publication.
- Entrants will be given the opportunity to have their Case Study published if they are a finalist or winner to submit an edited version of the Case Study, removing sensitive materials.
- Advertising Council Australia or Effie reserves the right to withhold the case from publication should the removal of data significantly impact the case’s credibility.
- The Effie Awards and Effie Worldwide are automatically granted the right to make copies, reproduce and display the creative material and case summaries for education and publicity purposes, such as but not limited to the Effie Awards Journal, Website, Press Releases, Newsletters, Programming, Conferences and Awards Gala.
- ACA’s liability for any loss or damage, howsoever arising, under or related to this Agreement is limited to the entry fee paid by you.
Effies
Australia
