Terms and Conditions
Contents:
Website Terms of Use
Except where indicated otherwise all copyright and other rights that subsist in the home page and in the sub-domain pages of the www.dandad.org website (“the Site”) are owned by
D&AD
D&AD
64 Cheshire Street
London
E2 6EH
The use of all pages of the Site are subject to the following terms and conditions of use but access to certain pages of the Site, some of which may be restricted, may be subject to further conditions of use as indicated:
1. You may browse, download, view, print and copy onto the hard disk of your computer (but not photocopy) any material from the Site for your own personal use only. Any other type of use requires the prior written agreement of D&AD.
2. You will not use the Site:
2.1 For the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
2.2 In any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
2.3 For the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation;
2.4 For the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
2.5 To create a commercial database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
2.6 To transmit or re-circulate any material obtained from the Site to any third party;
2.7 In such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or
2.8 In any way that might bring D&AD into disrepute.
3. Whilst every effort has been taken to ensure the accuracy of the information provided by D&AD, its employees and agents in these pages, the contents of the Site are naturally subject to change from time to time. D&AD cannot guarantee the accuracy or completeness of all information on the Site. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT BASED UPON THEM.
4. D&AD cannot guarantee that your use of the Site will be free from error and/or uninterrupted. D&AD, its [directors], [its trustees], its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of D&AD or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.
5. Where information (including sensitive financial or personal information) is provided to D&AD directly through the Site or by email you accept that these methods of communication cannot be 100% secure. [D&AD uses encryption software to attempt to prevent unauthorised access to this information being obtained. However, ]D&AD cannot accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of D&AD or its officers) arising from the misuse or loss of data or information submitted by you to D&AD directly through the Site or by email.
6. Some of the pages on the Site include links to external websites. These links are included to give you the opportunity to access other pages that it is felt may be of interest or assistance to you. D&AD is not responsible for the content of these Internet sites.
7. Whilst effort has been taken to ensure that the Site is free from viruses, D&AD gives no warranties it will always be free from viruses and you are responsible for ensuring that you have installed adequate and up-to-date virus-checking software. D&AD excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of D&AD or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the Site.
8. The names, images and logos identifying D&AD or third parties and their products and services, are the proprietary marks of D&AD, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and D&AD reserves all rights to enforce such rights that it might have.
9. These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
10. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
11. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.
Terms and Conditions of Online Purchases
Under the Consumer Contracts Regulations you have the right to cancel your order for any goods purchased on this website within 14 days of receiving an order confirmation email. If D&AD has not yet dispatched the goods, D&AD will cancel your order and make a repayment within seven days. You can cancel an order by emailing shop@dandad.org or calling D&AD on 020 7840 1111. New D&AD Memberships may also be cancelled within 14 days of receiving an order confirmation email. Event tickets are exempt from this right to cancellation, including D&AD Festival and D&AD Masterclass bookings - cancellation terms for these specific products are listed below.
These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
D&AD Festival Bookings
All registrations for the D&AD Festival are made subject to these Terms & Conditions (which shall apply to the exclusion of any terms imposed by you).
1. BOOKINGS
1.1 All registrations for the D&AD Festival are subject to availability and you making full payment.
1.2 Email Confirmation of your booking will be sent to you upon payment being accepted via Eventbrite.
1.3 Passes issued for use at the D&AD Festival are valid for named attendees) and can be transferred subject to clause 5.2 below.
2. PRICES AND PAYMENTS
2.1 Our prices for attending the D&AD Festival are set out on the relevant registration page on Eventbrite; or can otherwise be obtained from us upon request. They are also available on our website. Prices may be subject to change from time to time.
2.2 Bookings may be paid by credit card at the time of booking via Eventbrite unless agreed directly with the D&AD Team to be paid by invoice. Invoice payments must be received by D&AD within 28 days of the invoice date or by close of business 30 calendar days before the event, whichever is earlier.
For bookings made within 28 days of the event, a credit card payment will be required
2.3 If you register for the D&AD Festival less than 30 days before the date of the D&AD Festival we will only accept payment by a credit card, unless we expressly agree otherwise in writing. If for any reason we have not received payment in full by the date of the D&AD Festival you (or the attending delegates) will be asked as a condition of being allowed to attend the D&AD Festival to provide payment by credit card on the day of the D&AD Festival. We reserve the right to cancel your booking at any time if payment is not made.
2.4 Discounts may be offered from time to time but you may only use one discount per Event. Discounts apply to new bookings only; the price in respect of a Confirmed Booking cannot be altered.
2.5 All prices are subject to local taxes where appropriate.
2.6 You acknowledge and accept that if payment is not made in accordance with this Clause 2, interest on the overdue balances (including any period after the date of any judgement or decree against the Customer), and late payment fees, fall due and payable and are calculated upon the basis set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
3. CONCESSIONARY AND GRATIS PASSES
3.1 Students Passes. The Student concessionary rate is only available to full time students and does not include instances where professionals are studying a part time course. Please contact awards@dandad.org for more information.
All Student pass holders must show proof of Student status at the Festival onsite Registration desk, which can include an NUS card.
If proof is not shown or verified, then the Student pass holder will be required to buy a full priced pass to enter the Festival or be refused entry. No refunds will be made in this instance.
3.2 An additional discount of 25% is available to Freelancers, Small Business Owners, and Retired persons. Please contact awards@dandad.org for more information.
4. SPEAKER FEES
4.1 D&AD is a charity that puts its surpluses back into the industry we serve. To improve diverse representation in our programmes, we pay a base, flat fee of £200 to all of our speakers, content writers, and panel moderators, and a fee of £100 to all panel participants, except for interviews and panels which pertain to D&AD judging and are voluntary with the purpose of talking about judging and explaining why the Pencil-winning work was awarded.
In certain circumstances we reserve the right to supplement this fee.
These circumstances include, inter alia, situations where the participant earns their living from speaker fees, additional T&A costs and marketing considerations.
5. CHANGES TO THE D&AD FESTIVAL AND CANCELLATIONS
5.1 It may be necessary for reasons beyond our reasonable control to alter the advertised content, timing and/or location of the D&AD Festival or the advertised speakers. We reserve the right to do this at any time. Where we alter the time and/or location of the D&AD Festival, we will provide you with notice of the same and will offer you the choice of either a credit for a future event of your choice (up to the value of sums paid by you in respect of the D&AD Festival) or the opportunity to attend the D&AD Festival as varied. Any credit claims must be made in writing within 14 days of the change notice given by us.
5.2 If you are unable to attend the D&AD Festival we welcome substitute delegates attending in your place at no extra cost, provided that we have at least 2 days prior notice of the name of your proposed substitute and have received payment in full. Please notify us of any substitutions by email at: festival@dandad.org.
5.3 No refunds will be given in respect of any cancellations or non-attendance.
5.4 We shall not be liable to you for travel, accommodation or other costs and expenses incurred (included wasted costs and expenses) if we are required to cancel or relocate the D&AD Festival as a result of an event outside our control (including, without limitation, to acts of God, floods, lightning, storm, fire, explosion, war, military operations, acts of terrorism or threats of any such acts, any strike action, lock-outs or other industrial action and a pandemic, epidemic or other widespread illness).
6. YOUR RESPONSIBILITIES (APPLICABLE TO ALL EVENT ATTENDEES)
6.1 You agree that We will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused (including by Us): (a) in any circumstances where there is no breach of a legal duty of care owed by Us; (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from Our negligence); or (c) to the extent that any increase in any loss or damage results from breach by You of any of these Terms and Conditions.
6.2 We reserve the right to refuse You entry to and/or eject You from the Event and/or Venue in reasonable circumstances including without limitation for health and safety or licensing reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if You use threatening, abusive or insulting words or mannerisms; if you are found in possession of any prohibited item or substance; if in Our reasonable opinion You are acting under the influence of alcohol or drugs; if You fail, when required, to produce proof of identity or age; or if You breach these Terms.
6.3 We reserve the right to conduct security searches from time to time, and to refuse admission to You, or eject You, from the Event and/or Venue should You refuse to comply with such security searches. No refunds will be given to You if You are refused entry or ejected due to Your own behaviour as per this clause and clause 6.2 above.
6.4 We reserve the right to confiscate any item, which in Our reasonable opinion may cause danger or disruption to any other persons at the Event or is one of the items not permitted in the Venue as listed on the Event website. Without limitation, the following may not be brought into the Venue: Aerosols over 250ml, Airhorns, Alcohol, Animals (except for assistance dogs), Bicycles, Blowtorches, Drones, Drugs, Gas canisters, Fireworks, Flags on poles, Flares, Illegal substances, Items which may be regarded as weapons, Legal highs (inc Nitrous Oxide and associated equipment including balloons), Laser equipment/pens, Megaphones, Pyrotechnics, Recording or transmitting equipment*, Spray cans
*Photographic equipment is permitted provided that it is for personal non-commercial use only.
6.5 Food and drink will be available for purchase at the event. There will be water points available on site for free water refill. A challenge 21 policy will be in place for all alcohol sales on site.
6.6 You must comply with any and all instructions given to You by Us, Venue and/or Event staff and stewards.
6.7 By attending an Event, You give Your express consent to Your actual or simulated likeness to be included within any film, photograph, audio and/or audio-visual recording to be exploited in any and all media for any purpose at any time throughout the world.
6.8 We may prosecute You if You cause damage to the Venue, the Venue infrastructure, or cause harm to any other person at the Event and/or Venue.
D&AD Ceremony Bookings
All applications to register for the D&AD Ceremony are made subject to these Terms & Conditions (which shall apply to the exclusion of any terms imposed by you).
1. BOOKINGS
1.1 All registrations for the D&AD Ceremony are subject to availability and you making full payment.
1.2 Email Confirmation of your booking will be sent to you upon payment being accepted via Eventbrite.
1.3 Tickets issued for use at the D&AD Ceremony are valid for named attendee and can be transferred subject to clause 3.2 below.
2. PRICES AND PAYMENT
2.1 Our prices for attending the D&AD Ceremony, are set out on the relevant registration page on Eventbrite or can otherwise be obtained from us upon request or from our website. Prices may be subject to change from time to time.
2.2 Bookings may be paid by credit card at the time of booking unless payment via invoice has been agreed with the D&AD team. Invoice payments must be received by D&AD within 28 days of the invoice date or by close of business 30 calendar days before the event, whichever is earlier.
For bookings made within 28 days of the event, a credit card payment will be required
2.3 If you register for the D&AD Ceremony less than 30 days before the date of the D&AD Ceremony we will only accept payment by a credit card, unless we expressly agree otherwise in writing. If for any reason we have not received payment in full by the date of the D&AD Ceremony you (or the attending delegate) will be asked as a condition of being allowed to attend the D&AD Ceremony to provide payment by credit card on the day of the D&AD Ceremony. We reserve the right to cancel your booking at any time if payment is not made.
2.4 Discounts may be offered from time to time but you may only use one discount per Booking. Discounts apply to new bookings only; the price in respect of a Confirmed Booking cannot be altered.
2.5 All prices are subject to local taxes where appropriate.
2.6 You acknowledge and accept that if payment is not made in accordance with this Clause 2, interest on the overdue balances (including any period after the date of any judgement or decree against the Customer), and late payment fees, fall due and payable and are calculated upon the basis set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
3. CHANGES TO THE D&AD CEREMONY AND CANCELLATIONS
3.1 It may be necessary for reasons beyond our reasonable control to alter the advertised content, timing and/or location of the D&AD Ceremony. We reserve the right to do this at any time. Where we alter the time and/or location of the D&AD Ceremony, we will provide you with notice of the same and will offer you the choice of either a credit for a future event of your choice (up to the value of sums paid by you in respect of the D&AD Ceremony) or the opportunity to attend the D&AD Ceremony as varied. Any credit claims must be made in writing within 14 days of the change notice given by us.
3.2 If you are unable to attend the D&AD Ceremony we welcome substitute delegates attending in your place at no extra cost provided that we have at least 2 days prior notice of the name of your proposed substitute and have received payment in full. Please notify us of any substitutions by email at: awards@dandad.org.
3.3 No refunds will be given in respect of any cancellations or non-attendance.
3.4 We shall not be liable to you for travel, accommodation or other costs and expenses incurred (included wasted costs and expenses) if we are required to cancel or relocate the D&AD Ceremony as a result of an event outside our control (including, without limitation, to acts of God, floods, lightning, storm, fire, explosion, war, military operations, acts of terrorism or threats of any such acts, any strike action, lock-outs or other industrial action and a pandemic, epidemic or other widespread illness).
4. YOUR RESPONSIBILITIES (APPLICABLE TO ALL EVENT ATTENDEES)
4.1 You agree that We will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused (including by Us): (a) in any circumstances where there is no breach of a legal duty of care owed by Us; (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from Our negligence); or (c) to the extent that any increase in any loss or damage results from breach by You of any of these Terms and Conditions.
4.2 We reserve the right to refuse You entry to and/or eject You from the Event and/or Venue in reasonable circumstances including without limitation for health and safety or licensing reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if You use threatening, abusive or insulting words or mannerisms; if you are found in possession of any prohibited item or substance; if in Our reasonable opinion You are acting under the influence of alcohol or drugs; if You fail, when required, to produce proof of identity or age; or if You breach these Terms.
4.3 We reserve the right to conduct security searches from time to time, and to refuse admission to You, or eject You, from the Event and/or Venue should You refuse to comply with such security searches. No refunds will be given to You if You are refused entry or ejected due to Your own behaviour as per this clause and clause 4.2 above.
4.4 We reserve the right to confiscate any item, which in Our reasonable opinion may cause danger or disruption to any other persons at the Event or is one of the items not permitted in the Venue as listed on the Event website. Without limitation, the following may not be brought into the Venue: Aerosols over 250ml, Airhorns, Alcohol, Animals (except for assistance dogs), Bicycles, Blowtorches, Drones, Drugs, Gas canisters, Fireworks, Flags on poles, Flares, Illegal substances, Items which may be regarded as weapons, Legal highs (inc Nitrous Oxide and associated equipment including balloons), Laser equipment/pens, Megaphones, Pyrotechnics, Recording or transmitting equipment*, Spray cans
*Photographic equipment is permitted provided that it is for personal non-commercial use only.
4.5 A challenge 21 policy will be in place for all alcohol sales on site.
4.6 You must comply with any and all instructions given to You by Us, Venue and/or Event staff and stewards.
4.7 By attending an Event, You give Your express consent to Your actual or simulated likeness to be included within any film, photograph, audio and/or audio-visual recording to be exploited in any and all media for any purpose at any time throughout the world.
4.8 We may prosecute You if You cause damage to the Venue, the Venue infrastructure, or cause harm to any other person at the Event and/or Venue
Masterclass Bookings
The provisions in this section do not apply to bookings made on the Bespoke programme.
Participants shall have the right to cancel their attendance on a specific session by giving D&AD written notice of their desire to cancel. On a cancellation a full refund will be offered subject to the following charges:
- Where written notice of your desire to cancel your booking is received by D&AD more than two calendar months before the date of the session concerned no cancellation fee will be charged.
- Where written notice of your desire to cancel your booking is received by D&AD less than two calendar months but more than 28 days before the date of the session concerned a cancellation fee of 50% of the course fee will be charged.
- Where written notice of your desire to cancel your booking is received by D&AD less than 28 days before the date of the session concerned a cancellation fee equal to 100% of the course fee will be charged.
If the participant can’t attend the session, they may send a substitute from their organisation in their place provided they inform D&AD of the change. Where the participant is not the booker, the booker must confirm the substitution.
Payment must be made at least seven days before the session date and places will not be confirmed until then.
The masterclass discount for individual members is only available for members to use on their own sessions. The discount for corporate members is only available to members of the organisation holding the corporate membership. D&AD reserve the right to cancel without notice any session offered on the programme. Where is a session is cancelled by D&AD, D&AD will endeavor to offer you a place on an alternative session or a place on the same session but delivered at a later date. Where this is not possible or you do not wish to accept the alternatives offered D&AD will offer you a full refund.
D&AD reserves the right to use any work produced by participants on Masterclass sessions or images of any other D&AD events for the furtherance and promotion of D&AD’s activities and goals. Work produced on some of the sessions may remain the copyright of the session leader. Complaints will be put before the D&AD Board of Trustees and responded to within two calendar months.
Some D&AD events are hosted by external venues. You acknowledge that D&AD may have to change the published venue for the event for reasons beyond control and in such cases, you will not be entitled to cancel unless the change in venue represents a significant disadvantage to you.
You are liable for any loss or damage which you may cause to the external venue and agree to adhere to all housekeeping rules, procedures and policies (including policies as to behaviour and conduct) that may be in place at any venue from time to time.
If you have a disability or medical condition that requires special arrangements to be made, please notify D&AD of your requirements after making your booking and we will endeavour to accomodate your requirements wherever possible.
Physical Goods
Acceptance of Terms:
- By placing an order for physical goods through our website, you agree to be bound by these terms and conditions.
Ordering Process:
- Orders may be placed through our website. You will be required to provide specific details for customisation.
- Orders are subject to acceptance and confirmation by us.
Payment:
- Payment for goods is due at the time of order placement, unless otherwise agreed upon in writing.
- We accept payments via credit/debit card and bank transfer.
- All prices are in GBP and include any applicable taxes.
Pricing and Customisation:
- The price of goods is as stated on our website.
- Customisation options, such as colour and text will be specified during the ordering process.
- We reserve the right to change prices or refuse orders based on the complexity of customisation.
Cancellation:
- Orders for customised printed pencils may be canceled within 24 hours of order placement by sending a cancellation request to awards@dandad.org.
- After the initial 24-hour period, orders for physical goods cannot be cancelled.
- Cancellations requested prior to the commencement of production may be subject to a cancellation fee.
Delivery:
- Delivery times for bespoke printed pencils may vary depending on the order and location. Estimated delivery times will be provided at the time of purchase.
- While we make every effort to ensure timely delivery, we cannot be held responsible for delays caused by unforeseen circumstances or events beyond our control.
- Please note that any custom charges, taxes, or duties imposed by the recipient's country are the sole responsibility of the customer. We do not cover or reimburse such charges.
Quality and Inspection:
- It is your responsibility to inspect the goods upon delivery and report any issues within 5 days.
- Claims for issues, including quality concerns, must be made in writing with supporting evidence. Claims should be sent to awards@dandad.org.
Returns and Refunds:
- We do not accept returns for customised goods unless they are defective or not as described.
- Refunds or replacements for defective goods will be issued at our discretion.