This contest is organized by Kyoorius Exchange, a division of Transasia Fine Papers Pvt. Ltd. Having its offices at 2nd Flr, Kohinoor Estate, 165 Tulsi Pipe Road, Lower Parel, Mumbai 400013 hereinafter referred to as “Kyoorius”.
By submitting an entry for the Awards (Entry), each person, company or organisation submitting an Entry (Entrant) accepts these Awards Rules.
The 2015 Awards Qualifying Entry Period is 1 January 2014 to 31 March 2015.
1. Entry Criteria
- Each Entry must comprise work that satisfies all of the following criteria
- is a work of advertising, design or digital, produced in response to a genuine brief composed by a legal entity for the purpose of marketing, communication or promotion solution
- the work is not commissioned as a piece of art or installation for an exhibition or gallery or similar
- has been made available to the public through any medium which is legally permitted in a way that has been approved by the entity or person receiving the benefit of the solution
- has been made available to the public for the first time in accordance with the qualifying period
- complies with all relevant laws and regulations (compulsory or voluntary) of the region in which it was first made available to the public
- is submitted without any alterations from the work made available to the public other than such alterations as are expressly permitted under paragraph 2-b. below
- has not already been entered into the same category by another Entrant
- has not been submitted by the same or any other person in any previous Awards Qualifying Entry Period unless the idea or realisation has been developed or significantly changed since the work was previously entered
- For the avoidance of doubt, for the purpose of sub-para i. concept designs or work created solely for the purpose of entering the Awards are not eligible and for the purpose of sub-para ii. fly-posting is not accepted as a legally permitted medium.
2. Submission of Eligible Entries
- Entries must be submitted in the correct format as detailed in the Preparing your Entries section unless otherwise agreed with Kyoorius. Kyoorius maintains the right to withdraw Entries that do not comply with the formatting specifications as set out in the Preparing your Entries section.
- Alterations may be made to work comprising an Entry for the sole purpose of satisfying the Preparing your Entries document requirements for the presentation of Entries. Such permitted alterations, if necessary for such compliance, may include resizing and mounting print advertising and dubbing non-English film Entries with translated voice-overs. Alterations to colours, artwork or copy, or changing the language of the type copy shall not be permitted in any circumstance.
- All advertising, design & digital work that has been issued to the public 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. Translations provided in a format other than that listed is not permitted and may result in an entry being disqualified.
- Entrants will submit an Entry into a specified Category. No refunds will be given for duplicate Entries. If Kyoorius is not advised of duplicate Entries by Entrants promptly, only the first Entry to be paid for and received will be accepted.
- If the Entrant has collaborated on a piece of work with any other entity or person, it is the Entrant’s responsibility to ensure that:
- The Entry is only submitted by one of the collaborating parties who will be the designated Entrant and will be responsible for administering all aspects of the Entry.
- If the Entry qualifies for an Award, the names and other details of all other individuals and companies who have collaborated are provided to Kyoorius in response to a request for credit information in accordance with clause 5
- Kyoorius reserves the right to move Entries to more appropriate Categories if deemed in Kyoorius’s sole discretion as necessary. Such action may be taken without informing the Entrant. However, it is not the responsibility of Kyoorius to amend Entries or move them to different Categories if they have been entered incorrectly. Individuals will not be allowed to move Entries between Categories during judging.
- Entries will be judged on the quality of the materials actually submitted. Entrants are urged to ensure that digital files in particular are of good quality. Kyoorius shall be under no obligation to request alternative or replacement materials.
- Entrants submitting Entries concerning an integrated campaign may be required to submit specific elements of such campaign or evidence that the campaign was run across more than 1 medium.
- Entrants must ensure that Entries arrive with Kyoorius at the designated collection centers by Friday, 17 April 2015. Kyoorius reserves the right to exclude Entries that are not received by the delivery deadline.
- If, after submission of an Entry an Entrant becomes aware that his/her Entry has infringed any of its country-of-origin’s laws or voluntary or regulatory codes of practice the Entrant shall contact Kyoorius immediately to request the withdrawal of the Entry from the Awards.
3. Judging of the Awards
- Kyoorius together with D&AD will appoint a jury, which shall be composed of judges who in D&AD’s discretion have the appropriate qualifications to judge the Entries. Judges shall consider all Entries on the basis of the criteria explained in the Kyoorius Advertising Awards Entry Rules.
- Entries will be judged on the basis of the materials supplied to Kyoorius.
- Judging for Advertising & Digital awards will take place between 29 April 2015 and 2 May 2015.
- Judging for Design awards will take place between 16 to 18 July 2015.
- During the judging all juries are reminded of the Awards Rules and are asked to consider whether Entries comply with the Awards Rules. In the event that a jury queries the eligibility of an Entry, the Entrant will be required to provide such documentary evidence or supplementary information as may reasonably be required to demonstrate the eligibility of an Entry. Kyoorius reserves the right to
- suspend an Entry from the Awards until such time as an investigation has been concluded
- remove an Entry from the Awards at any stage following investigation if it is not fully satisfied that the Entry is eligible and the Awards Rules have been followed.
4. Awards Results
- Nominations will be posted on the Kyoorius Awards site awards.kyoorius.com/, throughout the week beginning 11 May 2015 for Advertising and Digital awards and the week beginning 27 July 2015. The person named in an Entry as the main contact for the submission will be contacted during the week or announcement with further information. Listing information on awards.kyoorius.com/ and at the awards night will be listed and limited to the entrant, client/ brand & title of the work. Additional credits will be added and may be supplied in accordance to Clause 5.
- Each winning entry will receive
- 1 Blue Elephant trophy for each win in a category
- 1 free entry to the D&AD awards for next year (any entry that meets the D&AD entry rules)
- feature in the Kyoorius Awards Annual as per the awards programme
- Each nominated entry will receive
- 50% off on one entry to the D&AD awards for next year (any entry that meets the D&AD entry rules)
- feature in the Kyoorius Awards Annual as per the awards programme
5. Request for Credits Information
- Entrants of nominated Entries will be required to submit full credits or any other requested material to enable use by Kyoorius of an Entry with clear timelines. If such credits are not supplied in time the relevant Entry will not be eligible to receive an Elephant. Timelines are defined by Kyoorius and inclusion is at Kyoorius’ discretion.
- Entrants of Entries selected for inclusion in the Kyoorius Awards Annual only. The entrant will be required to submit full credits or any other requested material to enable use by Kyoorius before the deadline. If such credits are not supplied in time the relevant Entry will not be published in the Kyoorius Annual.
- Entrants are responsible for making sure that the credits that are submitted by the deadline are correct and accurately reflect the roles of the individuals and companies responsible for that awarded Entry. Once credits have been confirmed by the Entrant, they cannot, other than in exceptional circumstances and at Kyoorius’s absolute discretion, be changed.
- If in its discretion Kyoorius accepts any amends to credits it will not be held responsible for the accuracy of such published changes in response to any requests made in August 2015.
- Individuals names, Company names and credit roles, submitted in the entry credits will be used by Kyoorius to calculate and determine Kyoorius rankings and Kyoorius 2015 Most Awarded winners.
- Kyoorius can not guarantee that changes in entry credits that are made after the deadline for submission has passed.
- It is essential that Kyoorius 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.
6. Action against Entrants who breach the Awards Rules
- If Kyoorius establishes that an Entrant or his/her Entry has broken the Awards Rules, the offending Entry shall be immediately suspended from the Awards.
- In addition to any other sanction referred to in the Awards Rules Kyoorius reserves the right to:
- remove an Entry from the Awards
- disqualify an Entrant from the Awards
- bar an Entrant from submitting Entries to future Awards
7. License to use Entries and to reference Awards
- By submitting an Entry the Entrant hereby grants Kyoorius, its servants, agents, licensees and assigns an irrevocable, royalty-free, non-exclusive license throughout the world in perpetuity to use the Entry (including, without limitation, by reproducing, copying, performing, showing, playing, broadcasting, publishing, distributing or transmitting the Entry by wireless, electronic or other means, whether now or hereafter invented, or issuing copies of the Entry to the public), and to grant sub-licenses of the Entry, for the purpose of Kyoorius’s activities from time to time and as more particularly described in paragraph 7-b. below (the License).
- Kyoorius’s activities include: the promotion and running of the Kyoorius Awards and the Kyoorius Awards Ceremony; the publication of the Kyoorius Awards Annual (in hard copy and electronic or online formats); the compilation of presentations, showreels or exhibitions (supported on CD or DVD, video files or any other format); the presentation of design and advertising material on internet sites or in Kyoorius digital asset management systems; making the Entry available to the public for viewing and/or download through Kyoorius internet sites or digital asset management systems or other compilations of Entries (both on a paid-for and/or free-of-charge basis); and any other activity that may enable Kyoorius 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 and to raise funds to assist in achieving such objectives.
- Entrant acknowledges that the License includes the right for Kyoorius to provide Entries for download by Voting Members for the purpose of voting and to all corporate and individual members for the purposes of research, criticism, review and/or private study.
- From time to time Kyoorius receives requests to provide copies of Entries for inclusion in programming and/or publications created by third parties. Entrants acknowledge and agree that Kyoorius may lend or sell Entries to any such third parties provided that, in Kyoorius’s sole discretion, such programme or publication promotes Kyoorius’s activities and goals and such third parties include appropriate credits for the Entrant(s) who submitted such Entries.
- Insofar as Kyoorius includes Entries in a digital asset management system or other archive or compilation which comprises a database such database shall be solely owned by Kyoorius.
- Each Entrant agrees to assist Kyoorius in supporting any legal action that may be taken to prevent misuse of any Kyoorius publication, database, digital asset management system or other asset including Entries compiled by Kyoorius or the sale or distribution of any unauthorised collection or compilation of Entries.
- Kyoorius will use its reasonable endeavours to ensure that all use of Entries pursuant to this license is accompanied by a relevant credit. In reproducing any such credit Kyoorius shall rely entirely on information submitted by the Entrant.
- Elephant winners and nominees shall have the right to reference any Kyoorius Award status accorded to them for promotional purposes on condition that this is correctly and accurately described.
8. Entrant Warranties
- By submitting an Entry the Entrant warrants and represents that:
- the Entry is
- original to the Entrant
- it does not contain anything that infringes the rights of any third party
- contains nothing that is obscene, derogatory or defamatory
- it is the sole owner of the entire right, title and interest in and to the Entry, or, it has obtained all necessary consents from the owner of the Entry as shall be required for the submission of the Entry into the Awards and the granting of the License; ; and
- it has obtained to the full extent permitted by law from all persons that made a contribution to the Entry, a grant of all relevant consents and rights required for the submission of the Entry into the Awards and the granting of the License
- the credits indicated on the completed editorial form are correct
- if an Entry is successful, Kyoorius’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.
- Kyoorius is not liable in anyway whatsoever and as defined by any arm or extent of the law governing the region of Mumbai and by the government of India. Should a related party have an objection with the entrant, Kyoorius is not liable and will not be held responsible for any compliant, credit information, objection or withdrawal all in accordance with the entry rules.
- any physical board, original work or reproduction entry submitted to the Kyoorius Awards is received by Kyoorius in accordance to the entry rules and submission guide will be retained by Kyoorius and will not be returned to the entrant.
- should the entrant choose to avail the return of a board, original work or reproduction, etc. a request must be made to Kyoorius by writing to the email@example.com. Costs relating to shipping, handling and any duties will be borne by the entrant.
- the Entry is
- The Entrant shall indemnify Kyoorius and keep Kyoorius fully indemnified on demand from and against all losses and all actions, claims, proceedings, costs and damages (including any damages or compensation paid by Kyoorius on legal advice to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of any of the warranties and representations contained in these Awards Rules or out of any claim by a third party based on any facts which if substantiated would constitute such a breach.
10. Payment Terms
- An Entry is not considered to be an Entry by Kyoorius until such time as full payment is received. On receipt by Kyoorius the fee paid in respect of each Entry will be checked and the Entrant will be liable for any underpayment of fees. Kyoorius will contact the Entrant to collect any additional fees.
- All Entries must be paid for in full at the time of entering online by credit card, or within seven working days from Entry for Bank Transfers or cheque payments.
- Work that has not been paid for will not be submitted for Judging. Kyoorius 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.
- Entrants are to ensure that all carriage and shipping costs and custom fees are fully paid before items arrive at Kyoorius. Any items sent to Kyoorius 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. Kyoorius cannot be held responsible for items damaged or lost in transit.
11. Withdrawing Entries
- Kyoorius reserves the right, in its absolute discretion, to withdraw an Entry from the judging process at any time. Kyoorius may do this where it is discovered, for example, that the Entry does not meet the criteria laid out under point 1, ‘Entry Criteria’ above.
- Entrants may cancel or remove Entries via written request (via ‘Contact us’ on the Kyoorius site) up until Monday 10 April 2015 after which point no Entries may be withdrawn from the Awards other than in accordance with paragraph 2-i. above.
- Kyoorius is 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 Kyoorius to refund payments.
- If for any reason a winning or nominated Entry has to be withdrawn, all production and other costs incurred by Kyoorius relating to the winning or nominated Entry will be charged to the Entrant. Entry fees in respect of such an Entry are not refundable.
12. Property in Entries
- Kyoorius reserves the right to retain all materials that accompany or form part of an Entry. All material that comprises an Entry will pass to Kyoorius on receipt by Kyoorius. Under special circumstances Kyoorius will return Entries, upon written request. In such cases Entrants are responsible for all shipping costs.
- Kyoorius cannot and does not in any circumstances accept responsibility for loss of or damage to Entries.
- Official correspondence with regard to the Awards or these Awards Rules must be addressed to Kyoorius Exchange, a division of Transasia Fine Papers Pvt. Ltd., 2nd Flr, Kohinoor Estate, 165 Tulsi Pipe Road, Lower Parel, Mumbai 400013. Telephone – +91 22 4236 3600.
14. Governing Law
- Kyoorius reserves the right to make changes to these Terms and Conditions, if necessary, from time to time
- The Awards Rules and the License granted herein shall be governed and construed in all respects by the judicial courts of Mumbai, Maharashtra, India. Kyoorius and the Entrant hereby irrevocably submit to the exclusive jurisdiction of the judicial courts of Mumbai, Maharashtra, India in relation to any claim or dispute of any nature arising in relation to these Awards Rules or any alleged breach of them.
- The Terms and Conditions are subject to Indian law and any dispute that is not resolved by consultation between the parties shall be referred to the judicial courts of Mumbai.