Terms & Conditions

COMPETITION TERMS AND CONDITIONS

In submitting the Entrant’s Application and making full payment of the Competition and related Fees, the Entrant fully and unreservedly agrees to all the terms, clauses and conditions as follows:

 

CONDITIONS PRECEDENT

  1. It is a condition precedent to the formation of this Agreement that the Entrant is to make full and prompt payment of the Entrant’s Fees at or around the time of submission of the Entrant’s Application.

 

GRANTS AND LICENSES

  1. The Entrant hereby fully and unreservedly grants to “Black Podcast Awards” a non-exclusive, full and unfettered license to perform and conduct any and all of the following (in full accordance with the unfettered discretion of “Black Podcast Awards”) in relation to the Entrant’s “Application Materials and Information” worldwide free of any fee, in perpetuity, as long as “Black Podcast Awards” provides applicable credit and name of the Entrant or the author(s) of the Entrant’s “Application Materials or Information” without the need for “Black Podcast Awards” to otherwise first seek approval/permission from the Entrant or any third party, in order to:
  • broadcast the Entrant’s “Application Materials and Information” in any media (podcast/social/online) for sole purposes of the Black Podcast Awards;
  • publish and distribute the Entrant’s “Application Materials, Information and Metadata” in the form of a web page or digital file on any computer network (including the Internet);
  • promote the Entrant’s “Application Materials, Information and Metadata” in any manner deemed fit and suitable by “Black Podcast Awards” and in full accordance with the full and unfettered discretion of “Black Podcast Awards”;
  • destroy, discard or otherwise dispose of the Entrant’s “Application Materials, Information and Metadata” and copies thereof in the possession of “Black Podcast Awards”;
  • otherwise use the Entrant’s “Application Materials, Information and Metadata”.

 2.1 Personal Image Release: In registering for “Black Podcast Awards,” The Entrant grants permission to “Black Podcast Awards”, its agents and others working under its authority, to take and to have full and free use of videos/photographs containing images specific to the podcast and its host(s). It is understood these images may only be used for promotional, news, online/multimedia, research and/or educational purposes by and for “Black Podcast Awards”. The Entrant agrees that they are not entitled to remuneration, residuals, royalties or any other payment from “Black Podcast Awards” in respect of their image/likeness or its use. The Entrant release, discharge, and hold harmless, “Black Podcast Awards” and its agents from any and all claims, demands or causes of actions that they may hereafter have by reason of anything contained in the photographs or video. 

  1. The Entrant hereby fully and unreservedly grants to “Black Podcast Awards” the power and authority to grant sub-licenses to any “Black Podcast Awards” Agent to conduct any of the acts stipulated in Clause 2 above and to assist “Black Podcast Awards” in conducting any such acts, with the limitation that such sub-licenses do not exceed the scope of the licenses provided in Clause 2 above.
  2. The Entrant may terminate or withdraw the grants and licenses stipulated in Clauses 2 and 3 above ONLY by communicating not less than three (3) calendar months written notice of such termination or withdrawal (as the case may be), upon which this Agreement shall be automatically terminated (without need for notice) on the same day as the termination/withdrawal of such grants and licenses.

 

PAYMENT

Payment

  1. Full payment of the Entrant’s Fees shall be made to “Black Podcast Awards” by the Entrant at or around the same time that the Entrant’s Application is submitted to “Black Podcast Awards”.
  2. In accordance with Clause 1, in the event that the Entrant fails to make full payment of the Entrant’s Fees at or around the same time of the submission of the Entrant’s Application to “Black Podcast Awards”, there then exists no formation of contract and the full agreement stated herein is null and void ab initio. The Entrant’s Fees is not refundable.

 

OBLIGATIONS OF “Black Podcast Awards”

Examination of the Entrant’s Application

  1. “Black Podcast Awards” shall examine the Entrant’s Application in order to verify that all information contained within such application conforms with all required formats and that all information necessary for full and proper adjudication has been provided for and properly and clearly indicated within the application. 
  2. Nothing in this Agreement shall legally oblige or require “Black Podcast Awards” to verify the accuracy or truth of the information contained in the Entrant’s Application.
  3. With no effect on Clause 8 above, all Parties acknowledge that “Black Podcast Awards” shall be entitled to require of the Entrant or request in writing any and all of the following:

 9.1 any further information necessary for the proper assessment and adjudication of the Entrant’s Application;

 9.2 a correction and re-submission of the Entrant’s Application where such application was not filled in properly;

 9.3 any further information or documents necessary to properly verify the accuracy or truth of the information contained in the Entrant’s Application. 

  1. In furtherance to Clause 9 above, where a request or requirement has been sent to the Entrant, no further processing of the Entrant’s Application shall occur unless and until an appropriate written reply has been properly communicated to “Black Podcast Awards” within a reasonable time and before the Competition Closing Date.

Acceptance of the Entrant’s Application

  1. In its sole, full and unfettered discretion, “Black Podcast Awards” may accept the Entrant’s Application where, before the Competition Closing Date:

 11.1 the application was submitted to “Black Podcast Awards” promptly and correctly;

 11.2 all and full information as required by the application is fully, accurately and truthfully provided within the Entrant’s Application;

 11.3 all necessary and required enclosures are provided along with the Entrant’s Application at the time of submission;

 11.4 the Entrant agrees by marking, ticking, or indicating on the Entrant‘s Application (where forms have been submitted via the Internet) to all the terms, clauses and conditions of the competition; and

 11.5 prompt and full payment of the Entrant’s Fee has been made to “Black Podcast Awards”.

  1. All Parties fully and unreservedly acknowledge that acceptance of the Entrant’s Application by “Black Podcast Awards”:

 12.1 does not preclude the Entrant from being subsequently disqualified from the Competition;

 12.2 does not, per se, ensure or guarantee the participation or qualification of the Entrant’s “Application Materials, Information and Metadata” for the Competition;

12.3 cannot be construed as “Black Podcast Awards”’s irrevocable acceptance, warranty or guarantee of the accuracy or truth of the information contained in the Entrant’s Application; and

12.4 does not serve as any form of acknowledgement, warranty or guarantee on the part of “Black Podcast Awards” as to the Entrant’s Intellectual Property Rights over the Entrant’s “Application Materials, Information and Metadata”.

Adjudication

  1. “Black Podcast Awards” shall, in its sole, full and absolute discretion, organize, select and manage the “Black Podcast Awards” Jury, which shall adjudicate the applications which have been appropriately examined, filtered and approved by “Black Podcast Awards”.
  2. Nothing in this Agreement shall legally obligate or require “Black Podcast Awards” and/or the Black Podcast Awards Jury to perform any or all of the following:

 14.1 justify, reveal or explain their processes, inner workings and standards;

 14.2 justify, reveal or explain their decisions and ultimate results at the end of the adjudication process.

Awards and Announcement

  1. Upon the completion of the adjudication process described in Clauses 13 to 14 above, and in the event that the Entrant’s “Application Materials, Information and Metadata” are adjudged by the “Black Podcast Awards” Jury and declared as a “Black Podcast Awards” Award Winner, “Black Podcast Awards” shall communicate written notice of such event to the Entrant and ONLY in relation to the specific Entrant’s “Application Materials, Information and Metadata” declared as a “Black Podcast Awards” Award Winner.
  2. All Parties acknowledge that ONLY Entrants who have submitted works declared as “Black Podcast Awards” Award Winners shall be informed by post; “Black Podcast Awards” bears no obligation to inform any parties who have not been declared by the “Black Podcast Awards” Jury as “Black Podcast Awards” Award Winners. 

Consequence of Achieving “Black Podcast Awards” Award Winner Status

  1. ONLY in the event that the Entrant’s “Application Materials, Information and Metadata” are adjudged by the “Black Podcast Awards” Jury and declared as a “Black Podcast Awards” Award Winner, and ONLY in the event that the Entrant makes full payment of the Further Fee in accordance with Clause 29, shall “Black Podcast Awards” (in its sole, full and unfettered discretion) perform the following: 

 17.1 publish or present the winning Entrant’s “Application Materials, Information and Metadata” on the Black Podcast Awards website on the Internet;

 17.2 provide to the Entrant a data package in a digital form for use of the “Black Podcast Awards” Label for the duration of the Agreement; and

 17.3 provide to the Entrant a certificate documenting the conferment of the award.

  1. In the event that “Black Podcast Awards” fails to fully discharge any of its responsibilities stipulated in Clauses 7 to 17 above, the following shall apply in full force:

 18.1 the Entrant shall (before resorting to any form of legal claim against “Black Podcast Awards” or order for specific performance or the like) communicate notice in writing of such failure to “Black Podcast Awards”, stipulating the following:

  • the date on which such notice was communicated;
  • the details of “Black Podcast Awards”’s failure and the corresponding Clause Number(s) relevant to such failure;
  • that “Black Podcast Awards” shall be provided with a period of forty-two (42) working days (from the date that such notice was communicated) to rectify such failure(s);

 18.2 “Black Podcast Awards” shall be allowed a period of forty-two (42) working days (from the date that such notice was communicated) to properly rectify such failure(s);

 18.3 the Entrant shall ensure that the Entrant shall be made available to “Black Podcast Awards” over the period described in Clause 18.2 above.

Full Discretion

  1. Nothing in this Agreement shall prevent “Black Podcast Awards” from altering, changing, reconfiguring, or adapting the advertising, promotion and marketing of the winning Entrant’s “Application Materials, Information and Metadata” on the “Black Podcast Awards” website or on any of the media stipulated in Clause 2 [Grants and licenses] or otherwise) where in its discretion it is appropriate to do so in light of localization factors, differing environments, language differences, cultural differences, differing commercial markets and the like.
  2. All methods, schedules, timelines, internal procedures and processes and the like with regard to the examination, filtering, approval, adjudication and announcement stages described in Clauses 7 to 9 above shall be performed and executed by “Black Podcast Awards” in accordance with its sole, full and unfettered discretion, with no requirement for “Black Podcast Awards” to inform the Entrant of the details of any such methods, schedules, timelines, internal procedures and processes and the like.
  3. In furtherance to Clause 14.2 above, “Black Podcast Awards” may at any time attempt to respond, answer and reply to any requests, queries or questions communicated by the Entrant to “Black Podcast Awards”; however, nothing in this Agreement shall legally obligate or require “Black Podcast Awards” to make such response, answer or reply.

 

OBLIGATIONS OF THE ENTRANT

Maintenance of Ownership and Rights

  1. Notwithstanding Clauses 2 and 3 [Grants and licenses], in the event that the Entrant performs a Disposing Act within the Term, the Entrant shall use its best endeavors to ensure that such Disposing Act shall have no effect on the licenses and grants provided to “Black Podcast Awards” as stipulated in Clauses 2 and 3.

Registration of Ownership and Rights

  1. The Entrant fully and unreservedly acknowledges that the Entrant shall be solely and fully responsible for fully performing any and all of the following in any jurisdiction worldwide and before “Black Podcast Awards” reveals to the public at large the Entrant’s “Application Materials, Information and Metadata” in pursuance of its obligations within this Agreement:

 23.1 applying for and obtaining any form of design registration in relation to the Entrant’s “Application Materials, Information and Metadata” with any relevant official, international, governmental or jurisdictional body;

 23.2 applying for, filing and/or obtaining a patent in relation to the Entrant’s “Application Materials, Information and Metadata” with any relevant official, international, governmental or jurisdictional body;

 23.3 applying for and obtaining any other form of registration/grant of Intellectual Property Rights or intellectual property ownership;

 23.4 assessing the commercial feasibility and viability of any and all of the actions stipulated in Clauses 23.1 to 23.3 above;

 23.5 the costs incurred in any and all of the actions stipulated in Clauses 23.1 to 23.3 above.

  1. The Entrant fully and unreservedly acknowledges and is aware that, in furtherance to Clauses 2 and 3 [Grants and licenses] as well as “Black Podcast Awards”’s obligations within this Agreement, “Black Podcast Awards” may reveal to the public at large details of the Entrant’s “Application Materials, Information and Metadata” and that such revelation may result in the forfeiture, disqualification or defeat of any and all of the following:
  • the patentability of the Entrant’s “Application Materials, Information and Metadata” in any and all jurisdictions with any relevant official, international, governmental or jurisdictional body;
  • the registrability of the Entrant’s “Application Materials, Information and Metadata” as a registered design(s) in any and all jurisdictions with any relevant official, international, governmental or jurisdictional body;
  • the registrability of any of the Entrant’s Intellectual Property Rights in any and all jurisdictions with any relevant official, international, governmental or jurisdictional body.
  1. In furtherance to Clauses 23 and 24 above, the Entrant fully and unreservedly agrees and acknowledges that for any action of “Black Podcast Awards” which results in any or all of the following:
  • the forfeiture, disqualification or defeat in the patentability of the Entrant’s “Application Materials, Information and Metadata” in any and all jurisdictions with any relevant official, international, governmental or jurisdictional body;
  • the forfeiture, disqualification or defeat in the registrability of the Entrant’s “Application Materials, Information and Metadata” as registered design(s) in any and all jurisdictions with any relevant official, international, governmental or jurisdictional body; and/or 
  • the forfeiture, disqualification or defeat in the registrability of any of the Entrant’s Intellectual Property Rights in any and all jurisdictions with any relevant official, international, governmental or jurisdictional body; the Entrant shall not make any claims against “Black Podcast Awards” and shall not hold “Black Podcast Awards” responsible or liable for any loss (including loss of income), damages or the like resulting from any such act, forfeiture, disqualification or defeat described above.

Risk and Costs of Transportation

  1. The full risk and costs (including but not limited to all transport costs, postal charges, courier charges, insurance costs, governmental/jurisdictional approvals and licenses and any other costs necessary or likely) shall be borne solely and fully by the Entrant in all of the following:
  2. The passing and transporting of the Entrant’s “Application Materials, Information and Metadata” into the possession of “Black Podcast Awards”; and 
  3. The return of the Entrant’s “Application Materials, Information and Metadata” upon the Entrant’s request.

Submission

  1. It is a condition of this Agreement that the Entrant has to fill-in and submit the Competition’s Application and the submission application for himself/herself.
  2. The Entrant unreservedly agrees and acknowledges that there will be no partial or full refund of the Entrant’s fee upon failure to make full or partial use of all submissions given to the Entrant or any of the Entrant’s other rights or benefits set out in this Agreement.

 

WARRANTIES OF THE ENTRANT

General Warranties

  1. The Entrant expressly and unreservedly warrants any and all of the following:

 31.1 the Entrant’s respective obligations, representations and warranties stipulated within this Agreement are not in conflict with or in contravention to any other agreement, deed, contract or any other instrument entered into by such party;

 31.2 the Entrant has full authority and capacity to enter into this Agreement as well as to perform and execute to its completion all its respective obligations, representations and warranties stipulated within this Agreement; 

 31.3 the Entrant has obtained all necessary licenses, authorities, instruments and permissions from the requisite government bodies in order to perform all of its obligations, representations and warranties in this Agreement and will continue to validly hold all such necessary licenses, authorities, instruments and permissions for the Term of this Agreement; and

 31.4 To the best knowledge of the Entrant, all submissions are, at the time of submission and at all times up to the date of announcement of the results of the Competition, at concept stage and are NOT:

  • in production and/or manufacture in any jurisdiction;
  • for sale in any jurisdiction;
  • being marketed for sale in any jurisdiction.

Note: These restrictions on section 31.4 apply only for custom / sponsored competitions organized with the sponsorship of other entities, businesses or organizations.

Warranties Concerning Ownership

  1. The Entrant expressly and unreservedly warrants any and all of the following:

 32.1 the Entrant bears full and complete power and authority to grant the licenses and grants stipulated in Clauses 2 and 3;

 32.2 the Entrant bears no knowledge and is not consciously aware of any infringement that the Entrant’s “Application Materials, Information and Metadata” may have upon the Intellectual Property Rights of any third party;

 32.3 the Entrant has reasonably conducted searches and research to ensure that the Entrant’s “Application Materials, Information and Metadata” does not infringe upon the Intellectual Property Rights of any third party;

 32.4 the Entrant is the sole, full and unfettered owner of the Entrant’s “Application Materials, Information and Metadata” and possesses and has title to ALL Intellectual Property Rights over the Entrant’s “Application Materials, Information and Metadata” throughout all jurisdictions worldwide;

 32.5 the Entrant has not performed any act or omission to (whether directly or indirectly) jeopardize, derogate, mortgage, dilute or dispose of its sole, full and unfettered ownership of the Entrant’s “Application Materials, Information and Metadata”;

 32.6 the Entrant has not performed any act or omission to (whether directly or indirectly) jeopardize, derogate, mortgage, dilute or dispose of any of its sole, full and unfettered Intellectual Property Rights over the Entrant’s “Application Materials, Information and Metadata”.

Warranties Concerning the Nature of the Entrant’s Work (s)

  1. The Entrant expressly and unreservedly warrants all of the following:

 33.1 the nature of the Entrant’s “Application Materials, Information and Metadata” are such that it would not likely result in the defamation of “Black Podcast Awards”, “Black Podcast Awards” Agents or any third party;

 33.2 the nature of the Entrant’s “Application Materials, Information and Metadata” fall within the reasonable bounds of decency.

 

LIMITATION OF LIABILITY

  1. Nothing in this Agreement shall exclude or in any way limit either Party’s liability for fraud, gross negligence or any other liability to the extent such liability may not be excluded or limited as a matter of law.
  2. Subject to Clause 34, the total liability of “Black Podcast Awards” to the Entrant, whether such liability arises out of any breach of contract, tort, negligence, strict liability, breach of statutory duty or otherwise for any loss, damages, costs or expenses of any nature whatsoever incurred or suffered by “Black Podcast Awards” of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, income, profits, business or goodwill shall be limited to the Entrant’s Fee as stipulated in Clause 74.5 of this Agreement.

 

INDEMNITY

  1. The Entrant shall unreservedly and promptly indemnify and keep indemnified in full “Black Podcast Awards” from and against any and all loss, damages, fees (including legal fees and costs incurred), liabilities whether criminal or civil suffered by “Black Podcast Awards” as a result of any or all of the following:

 36.1 a third party claims that the Entrant’s “Application Materials, Information and Metadata” are an infringement upon the Intellectual Property Rights and/or rights to ownership of any third party in any and all jurisdictions worldwide (whether such Intellectual Property Rights and/or rights to ownership were previously assigned from the Entrant or otherwise);

 36.2 the Entrant grants a license to any third party concerning the use of the Entrant’s “Application Materials, Information and Metadata” within any jurisdiction worldwide and such third party licensee makes a claim against the Entrant;

 36.3 any misrepresentations, untruths or misinformation communicated by the Entrant (whether such misrepresentation, untruth or misinformation was given unknowingly or otherwise) concerning any or all of the following: 

  • its sole, full and unfettered ownership over the Entrant’s “Application Materials, Information and Metadata” in any jurisdiction worldwide;
  • its sole, full and unfettered Intellectual Property Rights to the Entrant’s “Application Materials, Information and Metadata” in any jurisdiction worldwide.

 

TERMINATION

Termination by the Entrant

  1. The Entrant shall be entitled (but shall not be obligated) to prematurely terminate this Agreement ONLY by communicating not less than three (3) calendar months written notice of such termination to “Black Podcast Awards”. 

Termination by “Black Podcast Awards”

  1. “Black Podcast Awards” shall be entitled (but shall not be obligated) to prematurely terminate this Agreement by communicating not less than thirty (30) days written notice of such termination to the Entrant.
  2. “Black Podcast Awards” shall be entitled (but shall not be obligated) to prematurely terminate this Agreement with immediate effect by communicating written notice of such termination to the Entrant without requirement for a refund of the Entrant’s Fees, ONLY where any of the following has occurred:

 39.1 the Entrant is in breach of any of it obligations contained in the following clauses:

  • Clause 5 [Payment];
  • Clause 22 [Maintenance of Ownership and Rights];

 39.2 the Entrant is in breach of any of the following warranties:

  • Clause 31 [General Warranties]
  • Clause 32 [Warranties Concerning Ownership]
  • Clause 33 [Warranties Concerning the Nature of the Entrant’s “Application Materials, Information and Metadata”]

39.3 the Entrant has willingly and knowingly provided information which is false, misleading or inaccurate in the Entrant’s Application or in any communication or correspondence made to “Black Podcast Awards”.

 

CONSEQUENCES OF TERMINATION

No Obligation to Return Entrant’s “Application Materials, Information and Metadata”

  1. It is fully understood and acknowledged by all Parties that the Entrant is fully and solely responsible for ensuring that the Entrant is in possession of its own originals or copies of the Entrant’s “Application Materials, Information and Metadata”.
  2. In furtherance to Clause 40 above, nothing in this Agreement shall prevent “Black Podcast Awards” from fully destroying the Entrant’s “Application Materials, Information and Metadata” (whether such are copies or otherwise) in the possession of “Black Podcast Awards” and/or Black Podcast Awards Agents upon the expiry or premature termination of this Agreement in full accordance with the sole, full and unfettered discretion of “Black Podcast Awards”.

Full Permission to Archive

  1. The Entrant explicitly grants “Black Podcast Awards” permission to keep the Entrant’s “Application Materials, Information and Metadata” or copies of the Entrants “Application Materials, Information and Metadata” for internal archival and storage purposes; as such, nothing in this Agreement shall obligate “Black Podcast Awards” to return to the Entrant any of the Entrant’s “Application Materials, Information and Metadata” (and copies thereof) in the possession of “Black Podcast Awards” and/or A’ Design Award Agents upon the expiry or premature termination of this Agreement.

Survival Clauses on Termination

  1. The following clauses shall survive the end of the Term:
  • Clauses 2 and 3 [Grants and licenses]
  • Clause 36 [Indemnity]
  • Clauses 40 to 41 [No Obligation to return Entrant’s “Application Materials, Information and Metadata”]
  • Clause 42 [Full Permission to Archive]
  • Clauses 56 to 59 [Dispute Resolution]
  1. For purposes of clarification, all Parties acknowledge that in accordance with Clause 43 above, the grants and licenses stipulated in Clauses 2 and 3 shall continue with full effect even after the premature termination and/or expiry of this Agreement. However, nothing in this Agreement shall prevent the Entrant from terminating or withdrawing such grants and licenses in accordance with Clause 4.

Consequences of Termination

  1. Upon the premature termination or expiry of this Agreement all Parties shall be discharged from any and all further obligations within this Agreement.
  2. In its sole, full and unfettered discretion, “Black Podcast Awards” may choose to (but shall not be in any way obligated to) destroy, retract or recall any of its media or publications already so published, printed, copied, manufactured, broadcasted or distributed in the event of the premature termination or expiry of this Agreement.
  3. The Entrant consciously, fully and unreservedly waives all of its rights to make any legal claim(s) against “Black Podcast Awards” and any “Black Podcast Awards” Agent for any act or omission of “Black Podcast Awards” and/or any “Black Podcast Awards” Agent, whether such act or omission occurred on or before the exact Termination Date.
  4. In furtherance to Clauses 46 and 47, the expiry or premature termination of this Agreement shall bear no effect on any rights, remedies or legal recourse entitled to the Parties prior to or consequent upon the expiry/termination of this Agreement.

 

CONFIDENTIALITY

  1. “Black Podcast Awards” shall make reasonable steps to ensure that, at any time before the “Black Podcast Awards” Jury adjudicates the Entrant’s “Application Materials, Information and Metadata” and decides upon the A’ Design Award Award Winners, the Entrant’s “Application Materials, Information and Metadata” shall not be actively revealed to any third party. In furtherance to Clause 3, nothing in this Agreement shall prevent or prohibit “Black Podcast Awards” from disclosing the Entrant’s “Application Materials, Information and Metadata” to any “Black Podcast Awards” Agent.
  2. “Black Podcast Awards” shall not be held in any way liable in the event of any of the following so long as such reasonable steps were executed by “Black Podcast Awards” in accordance with Clause 49:
  • unintentional disclosure of the Entrant’s “Application Materials, Information and Metadata” to any third party;
  • intentional and/or unintentional disclosure of the Entrant’s “Application Materials, Information and Metadata” by the Entrant or by any third party.
  1. In furtherance to Clauses 49 and 50 above and in furtherance to the grants/licenses stipulated in Clauses 2 and 3, “Black Podcast Awards” shall not be held in any way liable for the disclosure of the Entrant’s “Application Materials, Information and Metadata” to any third party where the Entrant’s” Application Materials, Information and Metadata” has been adjudged as an Black Podcast Awards Winner and is declared, announced or disclosed by “Black Podcast Awards” as such.

 

MULTIPLE APPLICATIONS

  1. All Parties acknowledge that the Entrant is free to submit as many of his/her works as so desired so long as the Entrant makes full payment of the Entrant’s Fees.

 

FORCE MAJEURE

  1. All parties shall not be liable for any failure to perform or delay in the performance of any of its obligations under this Agreement directly caused by circumstances beyond its reasonable control, such circumstances being limited to events of war, earthquake, flood, outbreak of disease, famine, drought, terrorist attack or disaster (a ‘Force Majeure Event’).
  2. In the event that either party claims a Force Majeure Event, it shall promptly notify the other party in writing of its reasons for the delay or stoppage and its likely duration and shall take all reasonable steps to overcome the delay or stoppage.
  3. If the party claiming a Force Majeure Event has complied with Clause 54 above, its performance under this Agreement shall be suspended for the period that the Force Majeure Event continues and such party will have an extension of time for performance equal to such period.

 

DISPUTE RESOLUTION

  1. If any claim or dispute arises under or in connection with this Agreement, the Parties will attempt to settle such claim or dispute by negotiation.
  2. If any claim or dispute cannot be settled by negotiation within twenty-one (21) days after a Party has made a written offer to the other Parties to negotiate a settlement to such claim or dispute, the Parties shall, before resorting to court proceedings, attempt to resolve the claim or dispute by mediation in accordance with the rules, procedures and guidelines of either of the following:
  • an appropriate independent organization, association or third party to be agreed upon by all Parties to this Agreement.
  1. If the Parties have not settled any claim or dispute by mediation within forty-two (42) days from the initiation of the mediation, the dispute shall be referred to and finally resolved by the courts in accordance with Clause 63 [Governing Law].
  2. Notwithstanding the dispute resolution procedures above, “Black Podcast Awards” may seek injunctive relief or a court order for specific performance from any court stipulated in Clause 63 [Governing Law], where failure to obtain such relief or such order for specific performance would cause damage to “Black Podcast Awards”.

 

NOTICES

  1. Any notice, correspondence, invoice or other communication which any party to this Agreement is required to be served shall be in writing and shall be sufficiently served if: 
  • delivered personally;
  • served by prepaid mail or courier or document exchange;
  • sent by facsimile transmission; or
  • sent by electronic mail through the internet.
  1. A notice, correspondence, invoice or other communication shall be deemed to have been given:
  • if personally delivered, upon delivery;
  • if mailed or couriered or delivered by document exchange, two (2) days after posting;
  • if sent by facsimile communication, when the facsimile machine confirms transmission;
  • if sent by electronic mail through the internet to the electronic mail address for correspondence given during the

Entrant‘s Application

  1. For the purposes of notice stipulated above, the address, facsimile number and electronic mail address to which notice is given shall be the respective address, facsimile number and electronic mail address stated within the Entrant’s Application.

 

GOVERNING LAW

  1. This Agreement shall be governed by the laws of the United States. All Parties expressly and irrevocably submit to the exclusive jurisdiction of the Supreme Court of the United States and the Subordinate Courts of the United States over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.

 

SEVERABILITY AND WAIVER

  1. If any provision of this Agreement should be held to be invalid or unenforceable, then such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect and shall not be in any way affected or impaired. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. 
  2. The failure of either Party to enforce or to exercise at any time or for any period any term of or any right pursuant to this Agreement shall not be construed as a waiver of any such term or right and shall in no way affect that of the Party’s right later to enforce or exercise it.

 

ASSIGNMENT

  1. No Party to this Agreement shall assign, transfer, charge or deal in any other manner with this Agreement (whether in whole or in part) or any of its rights, obligations, responsibilities, representations and warranties under it without the prior written consent of all other Parties to this Agreement.
  2. It is acknowledged by all Parties that any purported assignment, transfer, charge or delegation by a Party to this Agreement (whether in whole or in part) or any of its rights and obligations under it without first obtaining the written consent of all other Parties shall entitle (but shall not obligate) the such Parties to terminate this Agreement and claim for any damages thereby suffered or incurred.

 

ENTIRE AGREEMENT

  1. This Agreement constitutes the entire agreement and understanding of the Parties and supersedes any previous agreement between or amongst the Parties relating to the subject matter of this Agreement.
  2. No variation of this Agreement or of any of the documents referred to in it shall be valid unless it is in writing and signed by or on behalf of each of the Parties.

OWNERSHIP OF “Black Podcast Awards”

  1. “Black Podcast Awards” is organized by “need info here”.
  2. “Black Podcast Awards” is “need info here”.

CONTACT DETAILS OF “Black Podcast Awards”

  1. Communication Addresses and Numbers; Mail: “Black Podcast Awards”, need info here

 

RELATIONSHIP AND THIRD PARTY RIGHTS

  1. A person who is not party to this Agreement bears no rights to enforce any clause, obligation, responsibility, term or condition of this Agreement.
  2. The Entrant acts as its own principal and is NOT an agent of “Black Podcast Awards”. All parties will act independently of each other and will be solely responsible for carrying out all its relevant obligations, duties and responsibilities under this Agreement.
  3. The Entrant shall not enter into any agreements or incur any liabilities on behalf of “Black Podcast Awards” and may not represent to any person that the Entrant has any authority to act on behalf of “Black Podcast Awards”.
  4. All Parties expressly agree that this Agreement does not establish any relationship of agency, partnership, power of attorney or employment or the like.

 

DEFINITIONS AND INTERPRETATION

  1. Within this Agreement except to the extent that the context otherwise requires, the following definitions shall apply:

 77.1 ‘the Competition’ means ‘the “Black Podcast Awards.

 77.2 ‘the Competition Closing Date’ means August 1st of the year 2023.

 77.3 ‘Disposing Act ’ means any act or omission the effect of which would likely dilute, derogate, sell, mortgage, license out, assign, dispose of or in any way compromise any and all of the following:

  • the Entrant’s sole, full and unfettered ownership over the Entrant’s “Application Materials, Information and Metadata”;
  • the Entrant’s sole, full and unfettered Intellectual Property Rights over the Entrant’s “Application Materials, Information and Metadata”.

 77.4 ‘Entrant’ s Application’ means the application form bearing the Entrant’s details as well as the Entrant’s “Application Materials, Information and Metadata” and submitted to “Black Podcast Awards” in participation of the “Black Podcast Awards.”

 77.5 ‘Entrant’ s Fees’ means the fee that is to be paid by the Entrant to “Black Podcast Awards” in respect of the Entrant’s Application, the amount of which shall be calculated and stipulated on the corresponding application form or online form (whichever is applicable) and in full accordance with the fee structure, and depending on the number of works submitted with the Entrant’s Application.

 77.6 ‘Entrant’s “Application Materials, Information and Metadata”’ means the works and designs described in the attachments, supportive documentation, presentations, descriptions, digital files, pictures, and the like, and the Entrant’s Application including personal information.

 77.7 ‘Intellectual Property Rights’ means any and all intellectual and industrial property rights (whether or not now existing, and whether or not registered or registrable and includes any right to apply for the registration of such right and includes all renewals and extensions) in all jurisdictions throughout the world and includes, but is not limited to, the following:

  • all copyright rights, ownership and licenses, including all copyright falling under statutory law and all copyright rights conferred by common law, and including any other copyright under the laws of any other jurisdiction;
  • all registered design rights, ownership and licenses, including all registered design rights falling under statutory law and all registered design rights conferred by common law, and including any other registered design rights under the laws of any other jurisdiction;
  • all patent rights, ownership and licenses, including rights pertaining to one’s proprietary invention, all patent rights falling under statutory law and all patent rights conferred by common law, and including any other patent rights under the laws of any other jurisdiction;
  • all trade mark rights, ownership and licenses, including all trade mark rights falling under statutory law and all rights relating to trademarks conferred by common law (including the action of passing-off), and including any other rights relating to trade marks under the laws of any other jurisdiction; and
  • all and any other intellectual property rights which may not be mentioned herein.

 77.9 ‘”Black Podcast Awards” Agent’ includes any director of “Black Podcast Awards”, officer of “Black Podcast Awards”, employee of “Black Podcast Awards”, the “Black Podcast Awards” Jury (and individual Entrants thereof), agent, representative, manufacturer, producer, skilled craftsman, contracted party or any third party whosoever, such party being appointed by “Black Podcast Awards” to act as an “Black Podcast Awards” Agent.`

 77.10 ‘”Black Podcast Awards” Award Winner’ means the “Application Materials, Information and Metadata” adjudged and declared by the “Black Podcast Awards” Jury as such.

 77.11 ‘”Black Podcast Awards” Jury’ means the organized, selected and managed by “Black Podcast Awards” (in accordance with its sole, full and unfettered discretion) to properly perform the adjudication process described in this Agreement and includes the individual persons thereof.

 77.12 ‘Term’ means the period from the time of the full payment of the Entrant’s Fee to “Black Podcast Awards” until one of the following (whichever is shorter): 

  • 18 calendar months from the date of full payment of the Entrant’s Fee (that is, the natural expiry of this Agreement); or
  • the date of termination of this Agreement (where this Agreement has been prematurely terminated by either Party in accordance with Clauses 37 to 39 and/or Clause 4).

 

FURTHER CLARIFICATIONS AND POINTS

  1. The following information is provided to have additional understanding on several points and cases. They are written in a natural language without the jargon to make sure these important points are understood clearly.

 78.1 “Black Podcast Awards” is not required to send “Physical Components of the Winners Kit” Packages to the Entrant in any condition, even if the shipment fee is paid in full (in this case a partial refund will be possible) – For further clarification See Clause 78.3. “Physical Components of the Winners Kit” Packages cannot be ordered after 12 months of public announcement of results. However, “Physical Components of the Winners Kit” Packages could be distributed free of charge during the “Black Podcast Awards” to entitled Entrants. 

 78.2 For “Black Podcast Awards” to be able to provide Winners & PR Services and to be able to prepare the Winner’s Award”, the Entrant must take further action by providing further details regarding themselves. The list of information to be provided can be requested by email, and it will also be automatically visible from the platform under the awarded entry after results are announced. These information should be provided within seven (7) days after the results have been announced. Not providing these additional details and information will result the awarded work to be excluded from the winners services and benefits, no refunds will be given in this case

 78.3 Entrants cannot withdraw their entries from “Black Podcast Awards” after results are announced to winners but Entrants cannot withdraw their entries after results have been made public, under no condition. 

 78.4 Please refer to our refunds policy for any refund or credit requests, yet however we would like to remind you we have a no refund policy, all sales or payments are final.

 78.5 You cannot “skim” the agreement, you are obliged to read it before agreeing to it and registering yourself to the system.

 78.6 It is absolutely forbidden to call jury members or any Black Podcast Awards agent to pressure them for an award status. If this happens, Black Podcast Awards reserves rights to cease communication, to revoke any prior or post award status. However, if for technical reasons due to the IT platform, if you believe your entry is not fully viewed or if you had problems in uploading, you could request a confirmation of the award status by writing an email.

 78.9 During several periods (including but not limited to Award-Night Preparation periods, Voting Periods, Before (7) days of entry deadlines and after seven (7) days of results announced date and similar event periods), due to high amount of efforts and time allocation given to management of the events, communications and requests by the Entrants could take longer time to be answered or might be missed. 

 78.10 PR and Publicity services are not provided in mass for all winners, even though Black Podcast Awards will do its best to run thematic, geo-specific or language-specific PR Campaigns, media placement is not guaranteed and furthermore, Black Podcast Awards reserves the right to exclude any “Winner” or participant from PR Services including but not limited to Press Release, Content Syndication and Personalized PR Campaign.

 78.11 It is the duty of the Entrants to make sure that they receive our email communications (such as by adding apply@blackpodawards.com to contacts list, whitelist or any other requirements by email servers of the Entrants). 

 78.12 If a payment is made to Black Podcast Awards, the net amount is considered for accounting purposes and any commissions shall be paid by the remitter / payer, this implies that during for example wire-transfers the cost of money transfer shall be paid by the entity that is sending money to Black Podcast Awards. Likewise, for paypal or any other transfers, the relevant commission rate will be debited (written as a minus) to your balance at Black Podcast Awards.

 

  • How do I know if my show qualifies for the Black Podcasting Awards? 
  • Programs (and audio submitted) for the Black Podcasting Awards must be published between May 1, 2022 and April 30, 2023 with a minimum of six episodes in that same time period.