Terms & Conditions
1. Introduction
1.1 The Coffee Film Awards is a project of Allegra Strategies. Allegra Strategies is a company registered in England and Wales. Our company registration number is 3645920 and our registered office is at 106 Arlington Road, London, NW1 7HP. These are the terms and conditions subject to which we will allow you as a business or individual to enter our Awards Competition.
2. Making an Entry
2.1 Entries must be made following the process and rules set out on the How it Works page.
2.2 We will not accept responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind. For the avoidance of doubt, proof of posting or transmission of a lost or delayed Entry for the Awards Competition will not be accepted as a valid or alternative Entry.
2.3 Our acceptance of your Entry will take place when we accept your Entry booking in writing, at which point a contract will come into effect between you and us.
2.4 When we accept your Entry, it shall be incorporated into, and subject to the terms and conditions set out in this Agreement. This Agreement shall take precedence over your Entry except to the extent that we agree that your Entry expressly overrides this Agreement in writing with specific reference to this clause 2.4 of this Agreement.
2.5 Acceptance of your Entry shall not (unless it is expressly stated otherwise) prejudice any rights, obligations and/or remedies both you and us may have and which have accrued independently under this Agreement.
2.6 Entries must be made by the Closing Date and in the manner set out in the Competition Terms. Failure to do so will result in disqualification.
2.7 There is no requirement to make any purchase in order to enter the Competition or access the website.
3. Eligibility & Judging
3.1 The Awards Competition is open to entrants fulfilling the Entry Criteria set out on the How it Works page.
3.2 Any material supplied in support of an entry must be your original work. We will not accept an Entry that contains work which does not belong to you, has been plagiarised, includes intellectual property belonging to another person or has had a complaint of any nature upheld against it, or where we suspect that the Entry may fall within the foregoing categories.
3.3 The Entries will be judged by a panel of selected judges.
3.4 We will consider your Entry on its merits and solely on the basis of the information you provided in your Entry. The decision of the panel of judges will be final and we will not enter into any correspondence or discussion with any entrants nor will we accept any submissions, representations or appeals with regard to such decision. We reserve the right not to make any particular award in any given category.
3.5 Your Entry and any supporting documentation will not be considered confidential information unless clearly identified as ‘Confidential’ and you agree that we and/or our Group Companies can use the information (or parts of the information) contained in the Entry submitted for publicity purposes in or any media and for the purposes of promoting the Awards.
4. Attending the New York Coffee Festival
4.1 Attendees are required to make their own arrangements for transport to the Venue. We are not responsible for any inability to attend owing to the failure of transport.
5. Data Protection
5.1 To the extent that you provide us with Personal Data under this Agreement, Our Privacy Notice (as set out on our website) shall apply to the provision of such Personal Data to us.
6. Prize winners
6.1 Prize-winners will be selected and notified in the manner set out in the Competition Terms. No prize will be awarded where any entrant has committed any form of misconduct.
6.2 Prizes are non-transferable.
7. Cancellations, Withdrawal & Change of Venue
7.1 We reserve the right to cancel, postpone or move the Awards Ceremony to another Venue or to change any other aspect of the Awards Ceremony at our discretion for any reason whatsoever. However, we will notify you promptly if the change relates to a change of Venue or material change in timing. For the avoidance of doubt, such a change shall not entitle you to terminate this Agreement.
7.2 If you wish to withdraw your entry, you must email us at the address at the footer of our website.
7.3 If you wish to cancel your attendance at the Awards Ceremony you must email us at the address set out on the Awards Page as soon as possible.
9. Term & Terminations
9.1 This Agreement shall commence on the Start Date and shall continue, unless the Awards Ceremony or your attendance at such, is cancelled in accordance with clause 7 until the date upon which the Awards Ceremony ends (“Term”) when it shall terminate automatically without notice.
9.2 We may terminate this Agreement at any time by giving you 15 days’ written notice.
9.3 We shall be entitled to terminate this Agreement immediately by written notice whenever you breach any provision hereof which expressly entitles us to terminate the Agreement.
10. Expiry & Termination Consequences
10.1 Expiry or termination shall not prejudice any other rights or remedies you or us may be entitled to, nor will it affect the accrued rights and liabilities of either of us nor the coming into or continuance in force, of any provision of this Agreement which is intended (explicitly or implicitly) to come into or continue in force, on or after such expiry or termination.
10.2 Upon expiry or termination of this Agreement:
10.2.1 you shall pay any Fees that have been invoiced up to (and including) the expiry or termination date but not paid for; and
10.2.2 each party shall promptly return to the other any property of the other within its possession or control.
11. Liability
11.1 Neither you nor us shall exclude or limit our liability for (a) death or personal injury caused by negligence, (b) fraud and/or fraudulent misrepresentation.
11.2 You shall not exclude or limit your liability under any indemnities given by you under this Agreement.
11.3 You shall fully and effectively indemnify and hold harmless us and any Group Company against all losses, actions, costs (including legal fees and disbursements on a solicitor/client basis), claims, demands, fines, damages and liabilities, of whatever nature, incurred or suffered by or made against us, whether or not foreseeable, arising directly or indirectly, wholly or in part, out of or in connection with:
11.3.1 any breach of this Agreement by you; and
11.3.2 any acts or omissions of yourself, your employees, agents, contractors, visitors, Attendees and/or guests at the Venue arising out of or in connection with the Awards Ceremony and/or the Venue.
11.4 We shall not (whether in contract, tort, negligence, statutory duty or otherwise) be liable to you under this Agreement for consequential, indirect or special damages (including indirect loss of profit and indirect loss of revenue).
12. General
12.1 Notices. All notices (including any invoices) under this Agreement shall be in writing and shall be sent to the address specified by the recipient. Any notice may be delivered by email, by a reputable courier service, or by post. The notice shall be deemed to have been given if sent by email within 12 hours of delivery to the sender’s ISP provided within that time no notice of delivery failure has been received, if sent by courier on delivery and if sent by post 2 Business Days after the notice was posted.
12.2 Disputes. If any dispute arises between us out of or in connection with this Agreement, our respective representatives shall meet within 5 Business Days of receipt of a written notice of such dispute, in an effort to resolve the dispute. If the dispute is not resolved within 5 Business Days of that meeting, the dispute shall be referred to our respective senior management (or their nominees) who shall meet within 5 Business Days of the referral to attempt to resolve the dispute. If, despite following the process set out above, the dispute is not resolved, either of us may refer the matter to the courts. This clause shall not restrict either you or us from initiating any proceedings in respect of a matter where either party has reasonable cause to do so to avoid damage to its business or to protect or preserve any right of action it may have, or from applying for or obtaining emergency or interlocutory relief.
12.3 Force Majeure. We shall not be liable to you for any delay or failure to perform hereunder due to COVID-19, a natural disaster, actions or decrees of governmental bodies, any curtailment to or cancellation of public transport, strikes or walkouts, acts or threats of terrorism or civil unrest, or communications line failure which (a) hinders, delays or prevents us in performing any of our obligations, (b) is beyond our control of without our fault or negligence, and (c) by the exercise of reasonable diligence we are unable to prevent or provide against (“Force Majeure Event”). In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 30 or more calendar days, we may terminate this Agreement by giving you 5 Business Days written notice. You are responsible for making your own way to the venue for the event, and you shall remain liable for all payments under this agreement irrespective of any failure of transport or other reason why you are unable to attend the conference.
12.4 Publicity. We expressly agree that we and/or our Group Companies shall be entitled to refer to you as a client in sales and marketing literature (including websites) and reproduce your prevailing logo or trademark for that sole purpose.
12.5 Video footage & Photography: During The New York Coffee Festival, we may shoot video footage and take photographs of the Awards Ceremony which may include video footage and photographs of you and/or your booked Attendees. You hereby consent (and confirm that you have procured the consent of your booked Attendees) to your and/or their inclusion in such video footage and photographs. You hereby grant (and confirm that you have procured the grant) to us and/or any of our Group Companies of a perpetual, non-exclusive, worldwide, assignable, transferable right to use such video footage and photographs in our marketing, publicity and advertising activities and materials.
12.6 Third-party Rights. Unless expressly stated, no provision of this Agreement is enforceable by or intended to benefit, any person who is not a party to this Agreement.
12.7 Assignment and sub-contracting. This Agreement is personal to you. You shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of your rights and responsibilities under this Agreement without our prior written consent. Such consent shall not relieve you from any liability or obligation under this Agreement and you shall be responsible for the acts, omissions, defaults and/or negligence of your sub-contractors as fully as if they were your own. We may assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of our rights and responsibilities under this Agreement at any time without your prior written consent.
12.8 Amendments and changes. No purported alteration or variation of this Agreement shall be effective unless it is in writing, refers specifically to this Agreement and is signed by an authorised representative of each of the parties to this Agreement.
12.9 Severability. If any provision of this Agreement is held by a court to be unenforceable, then that provision shall be deemed to be amended to the extent necessary, and in a manner consistent with the intentions of the parties, to make it and the Agreement fully enforceable. The unenforceability of any provision of this Agreement shall not affect the remaining provisions.
12.10 No Waiver. A delay in exercising, or failure to exercise, any right or remedy in connection with this Agreement shall not operate as a waiver of that right or remedy. The waiver of a right to require compliance with any provision of this Agreement in any instance shall not operate as a waiver of any further exercise or enforcement of that right. The waiver of any breach shall not operate as a waiver of any subsequent breach. No waiver in connection with this Agreement shall, in any event, be effective unless it is in writing and refers expressly to this clause.
12.11 Further assurance. Each party shall do and execute, or arrange for the doing and executing of, any act and/or document reasonably requested of it by any other party to implement and give full effect to the terms of this Agreement.
12.12 Remedies cumulative. The remedies under this Agreement are cumulative and no remedy is exclusive of any other remedy except as expressly stated.
12.13 Counterparts. This Agreement may be entered into in any number of counterparts and by the parties on separate counterparts, all of which taken together shall constitute one and the same instrument.
12.14 Status of parties. Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee or principal and agent between the parties.
12.15 Entire Agreement. This Agreement sets out the entire understanding of the parties in relation to its subject matter and supersedes any prior understanding or agreement between the parties whether oral or written. Nothing in this Agreement shall, however, limit or exclude any liability for fraud or fraudulent misrepresentation.
12.16 Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be governed by, and construed in accordance with, the laws of England, and shall be subject to the exclusive jurisdiction of the English Courts, to which the parties irrevocably submit.