1. Attestations, Representations, and Warranties:

I attest that I have full authority on behalf of my Organization to enter the Competition, submit the entry materials, and to bind my Organization to the terms hereof and grant the rights granted herein. I further attest that all information provided in my Organization’s ARF David Ogilvy Award Entry (“Entry”) is an accurate representation of the work executed on the entered campaign.

Without limiting the generality of the preceding sentence, We represent and warrant that We have secured all clearances and permissions for any third-party intellectual property embodied within Our Entry, including, but not limited to, any rights of privacy or publicity, trademarks, and/or copyrights. We further represent and warrant that: (1) We have secured all clearances and permissions for ARF’s use of the Entry for educational and promotional purposes; and (2) such clearances and permissions extend to any third party intellectual property embodied within the Entry.

2. Indemnification:

We agree that the Organization will defend, indemnify, and hold ARF harmless against any claim, demand, suit, or proceeding  (“Claim”) made or brought against ARF by a third party: (1) relating to or arising out of the above representations and warranties set forth in Paragraph 1 above; or (2) alleging that the use of the Entry as permitted herein infringes, violates, and/or misappropriates any third party intellectual property embodied within the Entry, including, but not limited to, any rights of privacy or publicity, trademarks, and/or copyrights. We will pay all costs, reasonable legal fees, and any settlement amounts or damages awarded against ARF in connection with any such Claim.

3. Use of the Entry and Related Materials:

We understand that materials provided in connection with Our Entry will become part of the ARF’s research archive and will not be returned. We also agree that these materials may be made available to the public and/or ARF members for educational and promotional purposes. We give permission to ARF to reproduce, publish, and/or publicly display the materials and Entry, provided that appropriate mention is duly made of the source. We are aware that We can submit an alternate version of the case study masking or excluding sensitive information for use in public communications.

4. Categories and Awards Subject to Change:

We understand that (i) the number of categories considered for awards may be increased or decreased at the discretion of the jury based on the number and focus of entries received; (ii) the number of levels (gold, silver, or bronze) awarded in each category is at the sole discretion of the jury; (iii) the jury may also move entries between categories if deemed appropriate; (iv) the jury’s decisions is final and binding provided, however that should information later come to light that demonstrates, in the sole opinion of ARF, a violation of these Terms & Conditions or the spirit of the Competition, an award may be revoked.

5. Provision of Additional Materials:

We agree that should our entry be selected as a finalist, we will allow all of the submitted materials to be used as promotional materials by the ARF, and We commit to:

• • Send at least one member of the winning team to attend the ARF David Ogilvy Awards ceremony to accept an award.
  • Provide a 30-second video or alternative piece of creative to be used at the award ceremony.
  • Provide .eps logos for all companies listed in the entry form.
  • Provide a detailed case study/updated written explanation to be published by the ARF and WARC, ARF publishing partner and the global authority on advertising and media effectiveness.

6. Ownership:

By attending the event, submitting Our Entry for consideration, and/or accepting an award, We grant ARF the right to use any intellectual property embodied in the Entry (including, but not limited to, any image, trademark, copyright, photograph, voice or likeness) without limitation, and without compensation, in ARF’s promotional materials and publicity efforts. We agree that all media submitted in connection with the Entry becomes the property of ARF and that media may be displayed, distributed or used by ARF for any purpose.

7. Limitations of Liability:

We understand and agree that ARF assumes no liability, and shall not be liable, for typographical or other errors in the offer or administration of the Competition including, without limitation, errors in the printing or display of the offer and the Terms & Conditions, selection, notification and announcement of the winners, or distribution of the awards.

8. Release and Reservation of Rights:

We understand and agree that ARF and its affiliates, and their officers, employees, agents and representatives, shall not be responsible for any losses, damages or injuries of any kind resulting from participation in the Competition or from Our acceptance, receipt, possession and/or use or misuse of any award. We also agree that the ARF has not made and shall not in any manner be liable for any warranty, guarantee, or representation, whether express or implied, with respect to any award, including, without limitation, the award’s quality or fitness for a particular purpose. ARF reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Competition, to be acting in violation of these Terms & Conditions, or who otherwise takes actions that do or are intended to disrupt or undermine the legitimate operation of the Competition. ARF also reserves the right in its sole discretion to disqualify any entry containing any obscene, offensive or otherwise inappropriate comments or other matter.

In the event that the operation or administration of the Competition is impaired or prevented in any way for any reason, including, but not limited to fraud, change of condition, or other technical problems, ARF may in its sole discretion, either: (a) terminate the Competition; (b) suspend the Competition to address the impairment and then resume the Competition in a manner that best conforms to the spirit of these Terms & Conditions; and/or (c) substitute other awards for any award set forth in these Terms & Conditions that becomes unavailable for any reason.

10. Governing Law:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions shall be governed and construed in accordance with the internal laws of the State of New York without regard to the choice of law provisions thereof.

11. Unenforceability:

In the event that any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of these terms and conditions will continue in full force and effect.

12. Other Terms:

These terms and conditions supersede all prior and contemporaneous proposals, statements, or agreements, whether oral or written. No oral written information or advice given by ARF, its agents, or employees will create a warranty or in any way increase the scope of the warranties in these terms and conditions.