European Private Label Awards
Terms & Conditions
1. Definitions
In these Terms & Conditions:
“Awards” or “EPLA”means the European Private Label Awards for the applicable Awards year.
“Organiser” means MadisonPublications Ltd, 3 Adelaide Street, Dún Laoghaire, Co. Dublin, A96 D6P8, Ireland.
“Entrant” means anyretailer, manufacturer, producer, supplier or other business entity submittingor purchasing an Entry.
“Entry” means an individualProduct submitted to the Awards.
“Entry Platform” means theonline system designated by the Organiser for registration, payment andsubmission of Entries.
“Product” means theindividual private label product submitted as an Entry.
“SKU” means a distinct stockkeeping unit.
“SKU Family” means the sameProduct sold in different pack sizes where the formulation, ingredients,specification and material Product characteristics are identical. Differentflavours, fragrances, recipes, formulations or other material variants are notpart of the same SKU Family.
“Recognition” means anyWinner, Finalist, Highly Commended, cross-category award or other designationawarded by the Organiser.
“Award Marks” means EPLAlogos, Winner, Finalist or other Recognition artwork, certificates,designations and related branding supplied or authorised by the Organiser.
“Website” means the officialEuropean Private Label Awards website.
2. Organiser and Acceptance of Terms
The European Private Label Awardsare organised by Madison Publications Ltd.
By submitting an Entry, placing anorder for an Entry or arranging payment of an Entry fee, the Entrant confirmsthat it has read, understood and agrees to be bound by these Terms &Conditions together with the applicable eligibility requirements, Entrycriteria and reasonable instructions published or issued by the Organiser.
The individual submitting an Entryon behalf of an Entrant warrants that they have authority to act on behalf ofand bind that Entrant.
Entries are accepted on abusiness-to-business basis. Entrants confirm that they participate in theAwards in the course of their trade, business or profession.
An acknowledgement, paymentconfirmation or Entry confirmation does not constitute confirmation that aProduct has been checked or verified as eligible. Eligibility remains subjectto these Terms.
3. Eligibility
The Awards are open to retailersand suppliers operating within the European grocery marketplace, includingsupermarkets, hypermarkets, convenience retailers, forecourt retailers,discounters and businesses manufacturing, producing or supplying private labelproducts to such retailers.
To be eligible, a Product must:
a. be a genuine private label orstore-brand Product;
b. be commercially available forsale in at least one EU Member State through at least one national or regionalsupermarket or grocery retail chain, unless expressly permitted otherwise bythe Organiser;
c. be an authentic productionProduct representative of the Product commercially offered or supplied toconsumers;
d. comply with applicable legal andregulatory requirements in the market or markets in which it is sold; and
e. meet any additional eligibilityrequirements published on the Website or Entry Platform for the applicableAwards year.
There is no restriction on thenumber of eligible Products an Entrant may submit, subject to payment of theapplicable Entry fees.
The Organiser may requestinformation reasonably required to determine eligibility but is under noobligation routinely to verify the eligibility or accuracy of every Entry.
The Organiser's determination as towhether a Product satisfies the Awards eligibility requirements is final.
4. Authority to Enter and Retailer Verification
Where a retailer submits an Entry,it must provide the name and country of the manufacturer, producer or supplierof the Product where requested.
Where an Entry is submitted by amanufacturer, producer or supplier, the Entrant must provide the name andcountry of the retailer for which the Product is produced or supplied.
A non-retailer Entrant warrantsthat:
a. it is entitled to submit theProduct to the Awards;
b. its relationship with theretailer identified in the Entry is genuine;
c. information supplied regardingthat retailer and Product is accurate; and
d. it has all permissionsreasonably necessary to submit the Product and associated materials.
The Organiser may, but is notobliged to, contact a named retailer or other relevant party to verify anEntry.
If an Entry cannot besatisfactorily verified when verification is sought, or information supplied ismaterially false, inaccurate or misleading, the Organiser may reject ordisqualify the Entry.
Where the same or substantiallysimilar Product is sold under more than one unrelated retailer or private labelbrand, a separate Entry is required for each retailer/private label under whichRecognition is sought.
5. One Product Per Entry and SKU Policy
Each Entry must relate to oneindividual Product.
A Product range may not besubmitted as a single Entry unless expressly authorised by the Organiser.
Different flavours, recipes,formulations, fragrances or other material Product variants are separateProducts and require separate Entries.
Where exactly the same Product issold in different pack sizes, one Entry may cover those sizes provided that:
a. the formulation, ingredients,specification and material Product characteristics are identical;
b. the differences aresubstantially limited to pack size or other non-material variations; and
c. the additional pack sizes aredeclared as part of the Entry at the time of submission.
Additional pack sizes may not beadded retrospectively for the purpose of extending Recognition.
The Organiser may determine whetherProducts are sufficiently identical to constitute a SKU Family.
Where Recognition is awarded, thecorresponding Award Mark may be used on qualifying pack sizes declared as partof the Entry, provided they remain identical in formulation, ingredients,specification and all other material respects and are used in accordance withthese Terms and the applicable EPLA brand guidelines.
A Packaging Excellence Award mayonly be applied to the packaging format or formats actually assessed unless theOrganiser expressly permits otherwise.
6. Award Categories
Entries must be submitted into oneof the Product categories published on the Website or Entry Platform for theapplicable Awards year.
The Organiser may:
a. amend, add, remove, combine orrename categories;
b. transfer an Entry to anothercategory where the Organiser or judges consider that category more appropriate;
c. combine categories where thenumber or nature of Entries makes this appropriate; or
d. decide not to make an award in acategory where the judges consider that no Entry meets the required standard.
The Organiser does not require theEntrant's prior approval to move an Entry to another category.
Moving an Entry does not normallyresult in an additional Entry fee and does not entitle the Entrant to a refund.
7. Cross-Category Awards
Eligible Products may also beconsidered for overall cross-category Recognition, including:
- Innovative Product of the Year
- Packaging Excellence Award
- Sustainable Product of the Year
- Taste Excellence Award
These awards are not open forseparate paid entry unless the Organiser expressly states otherwise and may bedetermined as part of the Awards judging process.
Entrants may be invited to provideoptional supporting information relevant to Innovation, Packaging orSustainability.
Providing such information does notguarantee consideration for, or receipt of, Recognition.
Taste Excellence is determinedthrough assessment of the Product and does not require a separate writtensubmission.
The Organiser may amend the namesor number of cross-category awards.
8. Entry Information and Entrant Warranties
The Entrant is solely responsiblefor ensuring that all information supplied as part of an Entry is complete,accurate, current and not misleading.
Depending on the Product andcategory, information requested may include:
- Product category;
- EU country or countries in which the Product is sold;
- retailer and manufacturer, producer or supplier information;
- pack size or weight;
- additional identical pack sizes;
- Product images;
- ingredients or formulation information;
- recommended retail price;
- vegetarian, vegan or free-from information;
- allergen information;
- cross-contamination or “may contain” information;
- alcohol by volume;
- Product purpose or intended use;
- preparation, storage, usage or feeding instructions;
- warnings and safety information;
- relevant testing or regulatory information;
- previous awards; and
- information relevant to Innovation, Packaging or Sustainability.
The Entrant warrants that allProduct descriptions and claims supplied to the Organiser, includingenvironmental, sustainability, nutritional, dietary, free-from, safety andcertification claims, are accurate and capable of substantiation whererequired.
The Organiser is entitled to relyon information supplied by the Entrant and does not undertake independently toverify Product claims, ingredients, allergens, certifications, regulatorycompliance or other information submitted.
The Entrant must notify theOrganiser if it becomes aware that information supplied in an Entry ismaterially inaccurate or incomplete.
9. Amendments and Product Substitution
Entrants are responsible forchecking Entry information before submission and while editing remainsavailable on the Entry Platform.
After the applicable Entrydeadline, the Organiser is under no obligation to amend an Entry.
Any material amendment permittedafter that date is at the Organiser's discretion.
An Entrant may not substitute anentirely different Product for the Product originally entered without theOrganiser's express permission.
Once judging of an Entry hascommenced, Product substitution will not normally be permitted.
The Organiser may correct anobvious administrative error where it considers this appropriate but is underno obligation to identify or correct errors made by an Entrant.
10. Product Images, Intellectual Property and Submitted Materials
At least one clear Product imagemust be provided where required by the Entry Platform.
The Entrant warrants that it owns,controls or has sufficient permission to provide and authorise use of any:
- Product image;
- packaging image;
- retailer or company logo;
- trademark;
- photograph;
- text;
- document; or
- other material
submitted in connection with anEntry.
The Entrant must not knowinglysubmit material that infringes the intellectual property, confidentiality,privacy or other rights of any third party.
Ownership of submitted materialremains with the relevant rights holder, subject to the rights granted to theOrganiser under these Terms.
11. Entrant Account, Status and Communications
The Entrant is responsible forensuring that the contact details associated with its Entry are correct andmonitored during the Entry, payment, sample-delivery, judging and resultsperiods.
Awards correspondence may be sentto the person or email address associated with the Entry or Entrant account.
The Organiser may send remindersrelating to incomplete Entries, payment, samples or other deadlines but isunder no obligation to do so.
Failure to receive a reminder orother courtesy communication does not relieve an Entrant of responsibility forcomplying with a published or notified deadline.
Entrants are responsible forchecking their Entry status on the Entry Platform where such functionality isavailable.
A status displayed on the EntryPlatform confirms only the administrative status expressly stated. For example,confirmation that samples have been received confirms receipt only and does notconfirm that the samples are complete, safe, eligible, undamaged or suitablefor judging. No Entry status constitutes confirmation of eligibility orentitlement to Recognition.
12. Entry Fees, Pricing and Payment
All Entries are subject to theapplicable Entry fee displayed on the Website and/or Entry Platform.
Where volume, early-bird orpromotional pricing applies, the applicable price and conditions are thosedisplayed when the relevant order is placed.
Where different prices areinadvertently displayed, the price shown in the final order summary andconfirmed to the Entrant at the time of purchase will apply, except in the caseof an obvious pricing or system error.
All prices are exclusive of VATunless expressly stated otherwise.
The price per Entry may varyaccording to the total number of Products entered in accordance with thepricing structure published for the applicable Awards year.
Early-bird, promotional and volumediscounts are subject to their published conditions and deadlines and cannot becombined unless expressly permitted.
Payment may be made using thepayment methods offered by the Organiser, which may include payment card, banktransfer or invoice.
Where payment by invoice ispermitted, the Entrant remains responsible for ensuring payment is received bythe applicable deadline.
Any requirement within an Entrant'sorganisation for a purchase order, internal authorisation or similar approvalis the Entrant's responsibility and does not remove an obligation to pay anEntry fee that has otherwise become due.
The Entrant is responsible for bankcharges, currency-conversion charges and similar payment costs.
An Entry may be withheld fromjudging where payment has not been received.
Where an obvious pricing or systemerror has occurred, the Organiser may correct the error and, where necessary,cancel and refund the affected transaction.
13. Withdrawals and Refunds
Except where required by law,expressly stated otherwise by the Organiser or provided under Clause 36, Entryfees are non-refundable after an Entry has been submitted.
No refund will normally be payablewhere:
a. an Entrant withdraws an Entry;
b. required information is notsupplied;
c. information provided ismaterially inaccurate;
d. an Entry is subsequently foundto be ineligible;
e. an Entry is disqualified becauseof a breach of these Terms;
f. required Product samples are notsupplied;
g. samples arrive after therequired deadline;
h. samples arrive damaged, spoiled,unsafe or otherwise unsuitable for judging;
i. an Entry cannot be judgedbecause the Entrant has failed to follow applicable instructions; or
j. the Product ceases to becommercially available after submission.
The Organiser may offer a credit,substitution or refund in exceptional circumstances at its discretion.
14. Entry, Payment and Sample Deadlines
Entries must be completed by theclosing date published for the applicable Awards year.
Payment must be received by anyapplicable payment deadline.
Product samples must be received bythe sample-delivery deadline communicated by the Organiser.
The Organiser may extend orotherwise amend an Entry, payment, sample or judging deadline where reasonablynecessary.
An extension or exception grantedto one Entrant does not create an entitlement to the same extension orexception for another Entrant.
The Organiser does not acceptresponsibility for an Entrant's failure successfully to submit an Entry becauseof internet, telecommunications, email, payment, computer or other systemsoutside the Organiser's reasonable control.
Responsibility for meetingdeadlines rests with the Entrant.
15. Product Samples and Delivery
Unless the Organiser expresslystates otherwise, the Entrant must provide six units of each Product in thesame form, formulation, specification and standard as the Product commerciallysupplied to consumers.
Products or batches specially made,altered or selected for the purpose of obtaining an advantage in the Awards arenot permitted.
Samples must be clearly identifiedusing the Product name and unique Entry reference or such other labellingmethod specified by the Organiser.
Unless alternative instructions areissued, samples should be delivered to:
European Private Label Awards
3 Adelaide Street
Dún Laoghaire
Co. Dublin
A96 D6P8
Ireland
The Entrant is solely responsiblefor arranging and paying for:
a. suitable packaging;
b. carriage and courier charges;
c. insurance while in transit;
d. customs clearance;
e. duties;
f. taxes and VAT; and
g. any other costs associated withdelivery.
All such charges must be prepaid.
The Organiser may refuse a deliverywhere duties, courier charges, taxes or other amounts remain payable.
The Entrant is responsible forensuring that the correct quantity of samples is delivered to the correctaddress by the applicable deadline.
The Organiser is under noobligation to track shipments, contact couriers, locate delayed consignments orchase Entrants for missing samples.
Risk in samples remains with theEntrant while they are in transit.
The Organiser does not acceptresponsibility for samples that are lost, delayed, broken, damaged, spoiled,misdirected, incorrectly labelled or rendered unsuitable for judging while intransit or because of inadequate packaging or transportation.
Confirmation that samples havearrived does not constitute confirmation that they are safe, complete,undamaged or suitable for judging.
16. Perishable, Chilled, Frozen and Special-Handling Products
The Entrant is responsible forensuring that perishable, chilled or frozen Products are transported inaccordance with applicable legal and safety requirements and arrive in acondition suitable for safe storage, preparation and judging.
The Entrant must clearly identifyall refrigeration, freezing, chilling, storage, preparation and other relevanthandling requirements.
Where applicable, Products mustcarry appropriate date marking and have sufficient remaining shelf life topermit judging.
The Entrant must provideappropriate information concerning any unusual or specialist storage,transportation or handling requirements.
For household, personal-care,pet-care or other non-food Products, the Entrant must disclose any materialhandling precautions, hazards or safety requirements relevant to storage andassessment.
The Entrant remains responsible forcompliance with applicable transportation and dangerous-goods requirements.
The Organiser may refuse, discardor decline to judge a Product where there is a concern regarding:
- temperature control;
- contamination;
- packaging integrity;
- shelf life;
- spoilage;
- leakage;
- hazardous properties; or
- Product safety.
No refund will normally be payablewhere a Product cannot be judged because it was not supplied in an appropriatecondition.
17. Product Safety, Allergens and Regulatory Compliance
The Entrant warrants that everyProduct and sample submitted:
a. is representative of the Productcommercially supplied to consumers;
b. is safe and suitable for itsintended purpose;
c. complies with applicableProduct, food, labelling, packaging and safety laws in the markets in which itis sold;
d. carries or is accompanied byaccurate ingredients and allergen information where applicable;
e. carries or is accompanied byaccurate preparation, storage, usage, feeding and safety instructions whereapplicable;
f. contains appropriate warningswhere applicable; and
g. has not been altered orspecially produced for the purpose of obtaining an advantage in the Awards.
For food and beverage Products, theEntrant must accurately identify applicable allergens and relevantcross-contamination or “may contain” information requested by the Organiser.
For alcoholic beverages, accuratealcohol-by-volume information must be supplied where requested.
For household, personal-care, petand other non-food Products, the Entrant must provide usage, warning, safety,testing or regulatory information reasonably requested through the applicableEntry process.
The Organiser may decline to open,prepare, taste, use, test or otherwise assess any Product it considers unsafeor unsuitable.
The Organiser may rely onpreparation, storage, safety and handling instructions supplied by the Entrantand is not responsible for errors or omissions in those instructions.
18. Insurance
The Entrant warrants that itmaintains in force adequate and current insurance covering liability arisingfrom each Product submitted to the Awards, including liability arising from themanufacture, supply, handling, preparation, tasting, testing or use of theProduct.
Such insurance must cover productliability and public liability risks, whether through separate policies, acombined policy or equivalent insurance providing substantially the sameprotection.
The insurance must provide coverappropriate to the nature of the Product and the risks reasonably associatedwith it.
19. Product Recalls, Withdrawals and Safety Concerns
The Entrant must promptly notifythe Organiser if, after submission:
a. the Product becomes subject to aProduct recall, market withdrawal or safety notice;
b. a competent authority raises amaterial regulatory or safety concern regarding the Product;
c. the Entrant discovers asignificant undisclosed allergen, labelling or Product-safety issue; or
d. circumstances arise thatmaterially affect the Product's eligibility or suitability for judging.
The Organiser may suspend judging,disqualify the Entry, withhold publication of a result, suspend Recognition orwithdraw Recognition in such circumstances.
The Organiser is not requiredindependently to monitor Products or regulatory databases for recalls or safetyissues.
20. Handling and Disposal of Samples
Samples are non-returnable oncedelivered to the Awards.
The Entrant authorises theOrganiser and persons involved in the Awards to open, prepare, cook, handle,taste, use, test and photograph samples as reasonably required for judging andAwards administration.
Following judging, the Organisermay dispose of, consume, recycle or, where lawful and appropriate, donateunused samples.
The Organiser has no obligation toreturn samples, packaging or other physical materials.
21. Judging Process
Judging is organised by theOrganiser and may involve journalists and editorial professionals withspecialist knowledge of the grocery retail, FMCG and foodservice industries,including members of the Organiser’s editorial teams, together with invited industryexperts and other judges or assessors selected by the Organiser.
Entries will be assessed againstcriteria appropriate to their category. Criteria may include, where relevant:
- quality;
- innovation;
- presentation;
- packaging;
- taste;
- functionality;
- consumer appeal;
- value;
- sustainability; and
- other category-specific considerations.
Not every criterion applies toevery Product.
The Organiser may determine theformat, method and allocation of assessment as it considers appropriate. Theassessment may take account of Entry information, Product samples and othersubmitted materials as relevant.
Where relevant, Products may beprepared or presented for assessment in such manner as the Organiser considersappropriate. Any preparation or usage instructions supplied with or displayedon the Product may be taken into account.
Judging necessarily involvesprofessional opinion and subjective assessment.
Payment of an Entry fee does notguarantee that a Product will become a Finalist, Winner or receive any otherRecognition.
The decisions regarding the meritsof Entries and Products are final.
22. Scope and Meaning of Recognition
Recognition reflects the judges'assessment of the eligible Products entered into and assessed in the applicableedition of the Awards.
Recognition does not represent anassessment of, or comparison with, every private label Product commerciallyavailable in Europe.
Recognition relates only to theProduct and category or cross-category award for which it was awarded.
Recognition does not constitute:
- regulatory approval;
- Product certification;
- Product-safety approval;
- approval of claims made by the Entrant;
- legal or regulatory advice; or
- a guarantee of commercial performance.
23. Results, Administrative Errors and Queries
The Organiser is under noobligation to provide individual judging scores, judging notes or feedbackunless it chooses to do so.
There is no appeal against thejudges' subjective assessment of a Product.
An Entrant who believes that anadministrative, processing or publication error has affected its Entry orresult must notify the Organiser in writing within 14 days of publication ofthe relevant results.
The Organiser may correct a genuineadministrative, factual, clerical, typographical or publication error.
The Organiser is not required toenter into correspondence concerning judges' opinions, scoring or comparisonsbetween Products or Entrants.
The Organiser may investigateeligibility, safety or integrity matters at any time where relevant informationsubsequently comes to its attention.
24. Awards and Recognition
The Organiser may designateProducts as Winners, Finalists, Highly Commended or such other Recognition asit considers appropriate.
The Organiser is not obliged to:
a. select a Winner in everycategory;
b. select the same number ofrecognised Products in each category; or
c. make an award where the judgesconsider that no Entry meets the appropriate standard.
The Organiser may recognise morethan one Product in a category where the judging outcome warrants this.
25. Results Embargo and Announcements
Entrants must not announce,publish, disclose or otherwise communicate confidential Awards results beforethe official publication date or embargo time communicated by the Organiser.
The Organiser may require anEntrant to remove a premature announcement and may suspend or withdrawRecognition in the event of a material or deliberate breach of an Awardsembargo.
26. Publication and Publicity Rights
The Entrant grants the Organiser anon-exclusive, worldwide, royalty-free licence to reproduce, publish, display,crop, resize, edit for formatting purposes and otherwise use submitted:
- Product images;
- packaging images;
- company and retailer names;
- manufacturer, producer or supplier names;
- logos and trademarks;
- Product descriptions; and
- other non-confidential supporting material
for:
a. administration and judging ofthe Awards;
b. publication of Awards results;
c. the EPLA Website and archives;
d. European Supermarket Magazineand associated print and digital channels;
e. Awards-related editorialcoverage;
f. press and public-relationsactivity;
g. social media; and
h. promotion of the Awards,including future editions.
The Organiser may publish, whererelevant, the Product name, retailer, manufacturer, producer or supplier,country, Product imagery, category, Recognition received and selectednon-confidential information from the Entry.
The identity and country of themanufacturer, producer or supplier may therefore form part of published Awardsinformation.
Historic results may remainpublicly available indefinitely as an archive of the Awards.
27. Confidential Information
Detailed formulations, non-publicingredients information, technical documentation, testing information, safetydocumentation and other materials reasonably understood to have been providedsolely for judging, verification or safety purposes will not normally bepublished.
The Organiser may disclose suchinformation to employees, judges, contractors, advisers and service providersto the extent reasonably necessary to administer, verify or judge the Awards.
Information will not be treated asconfidential where:
a. it is already lawfully in thepublic domain;
b. it was already lawfully known tothe Organiser without an obligation of confidence;
c. disclosure is authorised by theEntrant; or
d. disclosure is required by law,court order or a competent authority.
Entrants should not provide tradesecrets or commercially sensitive material beyond that reasonably required bythe Entry process.
28. Use of Award Marks
All intellectual property rights inthe European Private Label Awards name, logos and Award Marks belong to or arecontrolled by the Organiser.
Award Marks may only be used inaccordance with these Terms and the most recently published EPLA brandguidelines.
Unless expressly authorisedotherwise in writing by the Organiser, the right to use an Award Mark islimited to commercial, marketing and promotional activities directedprincipally at audiences and markets in Europe.
For the avoidance of doubt,websites, social media posts and other digital communications principallydirected at audiences in Europe may remain accessible outside Europe withoutbreaching this restriction.
An Award Mark:
a. may only be used in relation tothe exact Product that received the relevant Recognition;
b. may only be extended to anotherpack size where that pack size was declared as part of the Entry at the time ofsubmission and qualifies as part of the SKU Family under these Terms;
c. may not be extendedretrospectively to additional pack sizes that were not declared as part of theEntry;
d. may not be used on anotherflavour, fragrance, recipe, formulation, variety or Product;
e. may not be used across a Productrange merely because one Product within that range received Recognition;
f. may not be transferred to aProduct sold under another retailer, private label or brand name;
g. must display the applicableAwards year where required by the Organiser;
h. must accurately state the leveland type of Recognition received;
i. may not be altered, redrawn oradapted except as expressly permitted by the EPLA brand guidelines;
j. may not be used in a mannersuggesting regulatory approval, certification or a broader endorsement by theOrganiser; and
k. may not be sold, assigned orlicensed for use in relation to a Product that did not receive the Recognition.
Where the same Product is sold bymore than one retailer or under more than one private label, Recognitionapplies only to the retailer/private label under which the Product was enteredand judged. A separate Entry is required for Recognition to apply under anotherretailer or private label.
Subject to these restrictions, anAward Mark may be reproduced in connection with the recognised Product by theEntrant, the retailer and manufacturer, producer or supplier identified in theEntry, and agencies, designers, printers or other service providers acting ontheir behalf.
Any unauthorised, inaccurate ormisleading use of an Award Mark may result in withdrawal of permission to usethe Award Mark and/or withdrawal of Recognition.
29. Duration of Recognition and Award Mark Use
EPLA Recognition and the rightactively to use the corresponding Award Mark are valid for three years from thedate on which the relevant Awards results are officially published, unlessRecognition is withdrawn earlier under these Terms.
The applicable Awards year must beidentified in accordance with EPLA brand guidelines.
At the end of the three-yearperiod, active use of the Award Mark must cease.
This includes use on Productpackaging, websites, Product pages, digital or print advertising, point-of-salematerial, sales literature and other promotional communications.
Expiry of the right actively to usethe Award Mark does not alter the historical fact that the Product receivedRecognition in the relevant Awards year.
Historic Awards results, editorialcoverage and EPLA archives may therefore continue to record the Recognition.
30. Changes to an Award-Winning or Recognised Product
Recognition is awarded solely tothe Product in the form in which it was entered and assessed by the judges.
If the Product is changed in anyway that could potentially affect the Product or any characteristic relevant toits assessment, the Recognition will no longer apply to the changed Product anduse of the Award Mark on that Product must cease.
Such a changed Product must beentered into a subsequent edition of the Awards if Recognition is sought forthe revised Product.
Changes capable of invalidatingRecognition include, without limitation:
a. a change in recipe orformulation;
b. a change in ingredients;
c. a change in the source or typeof an ingredient;
d. a material change in ingredientquality;
e. a change in treatment orprocessing of an ingredient;
f. a change in manufacturing orproduction process;
g. a significant seasonal changecapable of affecting the Product;
h. a change in flavour, fragranceor variety;
i. a change affecting nutritional,dietary, allergen or free-from characteristics;
j. a change in Product performance,functionality or intended use; or
k. a change to packaging wherepackaging formed part of the basis upon which Recognition was awarded.
The Entrant must not assume that apotentially relevant change is sufficiently minor for Recognition automaticallyto continue.
Where there is doubt, the Entrantmust obtain confirmation from the Organiser before continuing to use the AwardMark.
A purely administrative changeincapable of affecting the Product as judged, such as a change to a barcode,legal address or other immaterial mandatory labelling information, will notnormally invalidate Recognition.
The Organiser's determination as towhether a change invalidates Recognition is final.
31. Accurate Description of Recognition and Comparative Claims
EPLA Recognition must be describedaccurately and must not be exaggerated, misrepresented or used to support aclaim beyond the Recognition actually awarded.
No Entrant, retailer, manufacturer,producer or supplier may use EPLA Recognition or an EPLA Award Mark to make orsupport a comparative or superiority statement such as:
- “Europe's best”;
- “the best in Europe”;
- “best private label product in Europe”;
- “Europe's No. 1”;
- “most awarded”;
- “most innovative in Europe”;
- “most sustainable in Europe”;
- “Europe's leading private label product”; or
- any similar statement suggesting superiority over Products that were not assessed as part of the applicable Awards.
Entrants may make accurate factualstatements corresponding to the Recognition actually awarded, including theprecise EPLA award title and applicable Awards year.
Recognition reflects the assessmentof Products entered into and judged in the applicable edition of the EuropeanPrivate Label Awards.
It does not represent an assessmentof, or comparison against, every private label Product available in Europe.
Judges' comments, feedback orquotations must not be:
a. materially altered;
b. selectively edited;
c. quoted out of context;
d. combined in a misleading manner;or
e. presented in a way that suggestsa higher or different level of Recognition than was actually awarded.
Feedback concerning a Product thatdid not receive Recognition must not be presented as though it constitutes anEPLA endorsement or award.
The Organiser may require anyinaccurate, exaggerated or misleading reference to EPLA Recognition to becorrected or removed.
32. Suspension and Withdrawal of Recognition
The Organiser may suspendpermission to use an Award Mark while investigating a potential breach of theseTerms.
The Organiser may withdrawRecognition and permission to use the relevant Award Mark where:
a. an Award Mark is used on aProduct that did not receive the Recognition;
b. an Award Mark is transferred toanother flavour, formulation, Product, retailer or private label withoutauthorisation;
c. a recognised Product has beenchanged in a manner covered by Clause 30;
d. an Award Mark or Recognition ismaterially misrepresented;
e. EPLA Recognition is used to makea prohibited claim under Clause 31;
f. an Entry contained materiallyfalse, inaccurate or misleading information;
g. the Product submitted forjudging materially differed from the Product commercially offered to consumers;
h. the Product was not eligible;
i. the Entrant did not haveappropriate authority to submit the Product;
j. the Product becomes subject to amaterial safety recall or regulatory action;
k. the Entrant materially breachesthese Terms; or
l. continued use of the Recognitionwould materially mislead the market or undermine the integrity of the Awards.
The Organiser may act immediatelywhere it considers this necessary to protect Product safety, consumers, itsintellectual property or the integrity of the Awards.
Following suspension or withdrawalof Recognition, the Entrant must immediately cease any new use of the AwardMark and take reasonable steps to remove or discontinue affected uses andclaims under its control.
Suspension or withdrawal ofRecognition does not entitle the Entrant to a refund of Entry fees.
33. Data Protection and Awards Communications
The Organiser will process personaldata supplied in connection with the Awards in accordance with applicable dataprotection law and the Organiser's Privacy Policy.
Awards-related administrativecommunications may include:
- account confirmations;
- Entry confirmations;
- payment and invoice communications;
- sample instructions;
- incomplete Entry reminders;
- sample reminders;
- sample-status communications;
- judging information;
- results communications; and
- other communications reasonably connected with administration of an Entry.
Such operational communications areseparate from unrelated promotional or direct-marketing communications.
Where consent or another lawfulbasis is required for direct marketing, such communications will be handled inaccordance with applicable law and the individual's communication preferences.
Entrants are responsible forensuring that contact information supplied through the Entry Platform isaccurate and current.
34. Third-Party Platforms and Service Providers
The Organiser may use third-partyproviders for Entry management, payment processing, hosting, communications,judging administration, courier services and other elements of operating theAwards.
The Organiser does not guaranteethat the Website or Entry Platform will operate uninterrupted or error-free.
The Organiser will not beresponsible for an Entrant's inability to submit or administer an Entry wherecaused by circumstances outside the Organiser's reasonable control, includingthe Entrant's internet connection, email filtering, equipment or systems.
Where a material failure of anAwards system affects the operation of the Awards, the Organiser may extend adeadline or take such other action as it considers appropriate.
35. Changes to the Awards
The Organiser may make reasonablechanges to:
- the Awards timetable;
- judging arrangements;
- judges;
- categories;
- Entry requirements;
- sample-delivery arrangements;
- venue;
- results publication;
- ceremony or event arrangements; and
- other administrative or operational aspects of the Awards.
The Organiser may postpone,relocate, restructure or modify the Awards where reasonably necessary.
Such changes do not normallyentitle an Entrant to a refund where the Entry can still be substantiallyjudged as intended.
36. Cancellation of the Awards
If the Organiser cancels the Awardsin their entirety before judging has taken place and does not reschedule theAwards or provide a substantially equivalent judging process, Entry fees paidfor affected Entries will be refunded.
Subject to liability that cannotlawfully be excluded or limited, such refund will be the Entrant's solefinancial remedy in respect of cancellation.
The Organiser will not beresponsible for other expenditure incurred by an Entrant, including:
- Product or sample production costs;
- packaging;
- courier or freight costs;
- duties or taxes;
- travel;
- accommodation; or
- advertising, marketing or promotional expenditure.
37. Force Majeure
The Organiser will not be liablefor delay, disruption, postponement or failure to perform an obligation causedby circumstances beyond its reasonable control.
Such circumstances may includesevere weather, flood, fire, natural disaster, epidemic or pandemic, war,terrorism, civil disturbance, industrial action, transport disruption,interruption of utilities or communications, government action, regulatory restrictions,venue unavailability or material failure of third-party infrastructure.
The Organiser may reschedule,modify or make alternative arrangements for affected parts of the Awards whereit considers this appropriate.
38. Entrant Responsibility and Indemnity
The Entrant remains responsiblefor:
- its Product;
- Product safety;
- regulatory compliance;
- Product claims;
- information supplied with the Entry;
- intellectual property rights;
- authority to enter the Product; and
- compliance with these Terms.
To the extent permitted by law, theEntrant shall indemnify the Organiser against reasonable losses, liabilities,damages, claims and costs arising directly from a third-party claim resultingfrom:
a. a material breach by the Entrantof these Terms;
b. an unsafe, defective ormaterially non-compliant Product supplied by the Entrant;
c. materially inaccurate ormisleading Product-safety, ingredient, allergen, usage or warning informationsupplied by the Entrant;
d. infringement of a third party'sintellectual property or other rights by material supplied by the Entrant; or
e. the Entrant's lack of authorityto submit a Product or associated material,
except to the extent that therelevant liability was caused by the Organiser's own negligence, breach ofcontract or unlawful conduct.
This clause survives completion ofthe Awards.
39. Limitation of Organiser Liability
To the fullest extent permitted byapplicable law, the Organiser’s liability shall be limited as set out in thisClause.
Nothing in these Terms excludes orlimits any liability which cannot lawfully be excluded or limited.
Subject to the above, the Organisershall not be liable for any indirect or consequential loss, or for any loss ofprofit, revenue, business, anticipated savings, opportunity or goodwill,arising out of or in connection with the Awards.
Subject to the above, theOrganiser’s total aggregate liability arising out of or in connection with anyindividual Entry, whether in contract, tort (including negligence), breach ofstatutory duty or otherwise, shall not exceed the Entry fee actually paid forthat Entry.
Where a single claim relatesdirectly to more than one Entry, the Organiser’s total aggregate liability inrespect of that claim shall not exceed the Entry fees actually paid for theaffected Entries.
Nothing in these Terms constitutesa warranty or guarantee by the Organiser concerning the safety, quality,legality, commercial success or fitness for purpose of a Product.
The Awards and any Recognition donot constitute regulatory approval, certification or approval by the Organiserof any claim made by an Entrant concerning a Product.
40. Changes to These Terms
The Organiser may amend these Termswhere reasonably necessary to reflect changes in law, safety requirements,Awards rules, judging arrangements, the Entry process or other materialoperational requirements.
The version accepted when an Entrywas submitted will generally apply to that Entry.
The Organiser may apply a laterchange where necessary for legal, regulatory, safety or Awards-integrityreasons.
The Organiser is not requiredindividually to notify Entrants of amendments that do not materially affect anexisting Entry.
41. Entire Agreement and Order of Precedence
These Terms, together with therelevant Entry form, published eligibility requirements, applicable EPLA brandguidelines and specific written instructions issued by the Organiser for theapplicable Awards year, constitute the agreement between the Organiser andEntrant regarding participation in the Awards.
If there is an inconsistency, theseTerms will prevail unless the Organiser expressly states that a particularrule, brand guideline or written instruction is intended to override aspecified provision.
42. No Waiver
A failure or delay by the Organiserto exercise or enforce a right under these Terms does not constitute a waiverof that right or prevent its subsequent exercise.
43. Severability
If any provision of these Terms isfound by a court or competent authority to be invalid, unlawful orunenforceable, it will be treated as modified to the minimum extent necessaryto make it valid and enforceable.
If modification is not possible,the affected provision will be severed.
The remaining provisions willcontinue in full force and effect.
44. Governing Law and Jurisdiction
These Terms and any dispute orclaim arising out of or in connection with the Awards shall be governed by thelaws of the Republic of Ireland.
The courts of the Republic ofIreland shall have exclusive jurisdiction in relation to any dispute or claimarising out of or in connection with the Awards.
45. Contact
Questions concerning these Terms orparticipation in the European Private Label Awards should be directed to thecontact details published on the Website or Entry Platform.
Organiser:
Madison Publications Ltd
3 Adelaide Street
Dún Laoghaire
Co. Dublin
A96 D6P8
Ireland