1. Definitions
In these Terms & Conditions:
“Awards” or “EPLA” means the European Private Label Awards for the applicable Awards year.
“Organiser” means Madison Publications Ltd, 3 Adelaide Street, Dún Laoghaire, Co. Dublin, A96 D6P8, Ireland.
“Entrant” means any retailer, manufacturer, producer, supplier or other business entity submitting or purchasing an Entry.
“Entry” means an individual Product submitted to the Awards.
“Entry Platform” means the online system designated by the Organiser for registration, payment and submission of Entries.
“Product” means the individual private label product submitted as an Entry.
“SKU” means a distinct stock keeping unit.
“SKU Family” means the same Product sold in different pack sizes where the formulation, ingredients, specification and material Product characteristics are identical. Different flavours, fragrances, recipes, formulations or other material variants are not part of the same SKU Family.
“Recognition” means any Winner, Finalist, Highly Commended, cross-category award or other designation awarded by the Organiser.
“Award Marks” means EPLA logos, Winner, Finalist or other Recognition artwork, certificates, designations and related branding supplied or authorised by the Organiser.
“Website” means the official European Private Label Awards website.
2. Organiser and Acceptance of Terms
The European Private Label Awards are organised by Madison Publications Ltd.
By submitting an Entry, placing an order for an Entry or arranging payment of an Entry fee, the Entrant confirms that it has read, understood and agrees to be bound by these Terms & Conditions together with the applicable eligibility requirements, Entry criteria and reasonable instructions published or issued by the Organiser.
The individual submitting an Entry on behalf of an Entrant warrants that they have authority to act on behalf of and bind that Entrant.
Entries are accepted on a business-to-business basis. Entrants confirm that they participate in the Awards in the course of their trade, business or profession.
An acknowledgement, payment confirmation or Entry confirmation does not constitute confirmation that a Product has been checked or verified as eligible. Eligibility remains subject to these Terms.
3. Eligibility
The Awards are open to retailers and suppliers operating within the European grocery marketplace, including supermarkets, hypermarkets, convenience retailers, forecourt retailers, discounters and businesses manufacturing, producing or supplying private label products to such retailers.
To be eligible, a Product must:
- be a genuine private label or store-brand Product;
- be commercially available for sale in at least one EU Member State through at least one national or regional supermarket or grocery retail chain, unless expressly permitted otherwise by the Organiser;
- be an authentic production Product representative of the Product commercially offered or supplied to consumers;
- comply with applicable legal and regulatory requirements in the market or markets in which it is sold; and
- meet any additional eligibility requirements published on the Website or Entry Platform for the applicable Awards year.
There is no restriction on the number of eligible Products an Entrant may submit, subject to payment of the applicable Entry fees.
The Organiser may request information reasonably required to determine eligibility but is under no obligation routinely to verify the eligibility or accuracy of every Entry.
The Organiser’s determination as to whether 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 supplier of the Product where requested.
Where an Entry is submitted by a manufacturer, producer or supplier, the Entrant must provide the name and country of the retailer for which the Product is produced or supplied.
A non-retailer Entrant warrants that:
- it is entitled to submit the Product to the Awards;
- its relationship with the retailer identified in the Entry is genuine;
- information supplied regarding that retailer and Product is accurate; and
- it has all permissions reasonably necessary to submit the Product and associated materials.
The Organiser may, but is not obliged to, contact a named retailer or other relevant party to verify an Entry.
If an Entry cannot be satisfactorily verified when verification is sought, or information supplied is materially false, inaccurate or misleading, the Organiser may reject or disqualify the Entry.
Where the same or substantially similar Product is sold under more than one unrelated retailer or private label brand, a separate Entry is required for each retailer/private label under which Recognition is sought.
5. One Product Per Entry and SKU Policy
Each Entry must relate to one individual Product.
A Product range may not be submitted as a single Entry unless expressly authorised by the Organiser.
Different flavours, recipes, formulations, fragrances or other material Product variants are separate Products and require separate Entries.
Where exactly the same Product is sold in different pack sizes, one Entry may cover those sizes provided that:
- the formulation, ingredients, specification and material Product characteristics are identical;
- the differences are substantially limited to pack size or other non-material variations; and
- the additional pack sizes are declared as part of the Entry at the time of submission.
Additional pack sizes may not be added retrospectively for the purpose of extending Recognition.
The Organiser may determine whether Products are sufficiently identical to constitute a SKU Family.
Where Recognition is awarded, the corresponding Award Mark may be used on qualifying pack sizes declared as part of the Entry, provided they remain identical in formulation, ingredients, specification and all other material respects and are used in accordance with these Terms and the applicable EPLA brand guidelines.
A Packaging Excellence Award may only be applied to the packaging format or formats actually assessed unless the Organiser expressly permits otherwise.
6. Award Categories
Entries must be submitted into one of the Product categories published on the Website or Entry Platform for the applicable Awards year.
The Organiser may:
- amend, add, remove, combine or rename categories;
- transfer an Entry to another category where the Organiser or judges consider that category more appropriate;
- combine categories where the number or nature of Entries makes this appropriate; or
- decide not to make an award in a category where the judges consider that no Entry meets the required standard.
The Organiser does not require the Entrant’s prior approval to move an Entry to another category.
Moving an Entry does not normally result in an additional Entry fee and does not entitle the Entrant to a refund.
7. Cross-Category Awards
Eligible Products may also be considered 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 for separate paid entry unless the Organiser expressly states otherwise and may be determined as part of the Awards judging process.
Entrants may be invited to provide optional supporting information relevant to Innovation, Packaging or Sustainability.
Providing such information does not guarantee consideration for, or receipt of, Recognition.
Taste Excellence is determined through assessment of the Product and does not require a separate written submission.
The Organiser may amend the names or number of cross-category awards.
8. Entry Information and Entrant Warranties
The Entrant is solely responsible for ensuring that all information supplied as part of an Entry is complete, accurate, current and not misleading.
Depending on the Product and category, 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 all Product descriptions and claims supplied to the Organiser, including environmental, sustainability, nutritional, dietary, free-from, safety and certification claims, are accurate and capable of substantiation where required.
The Organiser is entitled to rely on information supplied by the Entrant and does not undertake independently to verify Product claims, ingredients, allergens, certifications, regulatory compliance or other information submitted.
The Entrant must notify the Organiser if it becomes aware that information supplied in an Entry is materially inaccurate or incomplete.
9. Amendments and Product Substitution
Entrants are responsible for checking Entry information before submission and while editing remains available on the Entry Platform.
After the applicable Entry deadline, the Organiser is under no obligation to amend an Entry.
Any material amendment permitted after that date is at the Organiser’s discretion.
An Entrant may not substitute an entirely different Product for the Product originally entered without the Organiser’s express permission.
Once judging of an Entry has commenced, Product substitution will not normally be permitted.
The Organiser may correct an obvious administrative error where it considers this appropriate but is under no obligation to identify or correct errors made by an Entrant.
10. Product Images, Intellectual Property and Submitted Materials
- product image
- packaging image
- retailer or company logo
- trademark
- photograph
- text
- document
- other material
11. Entrant Account, Status and Communications
The Entrant is responsible for ensuring that the contact details associated with its Entry are correct and monitored during the Entry, payment, sample-delivery, judging and results periods.
Awards correspondence may be sent to the person or email address associated with the Entry or Entrant account.
The Organiser may send reminders relating to incomplete Entries, payment, samples or other deadlines but is under no obligation to do so.
Failure to receive a reminder or other courtesy communication does not relieve an Entrant of responsibility for complying with a published or notified deadline.
Entrants are responsible for checking their Entry status on the Entry Platform where such functionality is available.
A status displayed on the Entry Platform confirms only the administrative status expressly stated. For example, confirmation that samples have been received confirms receipt only and does not confirm that the samples are complete, safe, eligible, undamaged or suitable for judging. No Entry status constitutes confirmation of eligibility or entitlement to Recognition.
12. Entry Fees, Pricing and Payment
All Entries are subject to the applicable Entry fee displayed on the Website and/or Entry Platform.
Where volume, early-bird or promotional pricing applies, the applicable price and conditions are those displayed when the relevant order is placed.
Where different prices are inadvertently displayed, the price shown in the final order summary and confirmed to the Entrant at the time of purchase will apply, except in the case of an obvious pricing or system error.
All prices are exclusive of VAT unless expressly stated otherwise.
The price per Entry may vary according to the total number of Products entered in accordance with the pricing structure published for the applicable Awards year.
Early-bird, promotional and volume discounts are subject to their published conditions and deadlines and cannot be combined unless expressly permitted.
Payment may be made using the payment methods offered by the Organiser, which may include payment card, bank transfer or invoice.
Where payment by invoice is permitted, the Entrant remains responsible for ensuring payment is received by the applicable deadline.
Any requirement within an Entrant’s organisation for a purchase order, internal authorisation or similar approval is the Entrant’s responsibility and does not remove an obligation to pay an Entry fee that has otherwise become due.
The Entrant is responsible for bank charges, currency-conversion charges and similar payment costs.
An Entry may be withheld from judging where payment has not been received.
Where an obvious pricing or system error 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, Entry fees are non-refundable after an Entry has been submitted.
No refund will normally be payable where:
- an Entrant withdraws an Entry;
- required information is not supplied;
- information provided is materially inaccurate;
- an Entry is subsequently found to be ineligible;
- an Entry is disqualified because of a breach of these Terms;
- required Product samples are not supplied;
- samples arrive after the required deadline;
- samples arrive damaged, spoiled, unsafe or otherwise unsuitable for judging;
- an Entry cannot be judged because the Entrant has failed to follow applicable instructions; or
- the Product ceases to be commercially 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 the closing date published for the applicable Awards year.
Payment must be received by any applicable payment deadline.
Product samples must be received by the sample-delivery deadline communicated by the Organiser.
The Organiser may extend or otherwise amend an Entry, payment, sample or judging deadline where reasonably necessary.
An extension or exception granted to one Entrant does not create an entitlement to the same extension or exception for another Entrant.
The Organiser does not accept responsibility for an Entrant’s failure successfully to submit an Entry because of internet, telecommunications, email, payment, computer or other systems outside the Organiser’s reasonable control.
Responsibility for meeting deadlines rests with the Entrant.
15. Product Samples and Delivery
Unless the Organiser expressly states otherwise, the Entrant must provide six units of each Product in the same form, formulation, specification and standard as the Product commercially supplied to consumers.
Products or batches specially made, altered or selected for the purpose of obtaining an advantage in the Awards are not permitted.
Samples must be clearly identified using the Product name and unique Entry reference or such other labelling method specified by the Organiser.
Unless alternative instructions are issued, samples should be delivered to:
European Private Label Awards
3 Adelaide Street
Dún Laoghaire
Co. Dublin
A96 D6P8
Ireland
The Entrant is solely responsible for arranging and paying for:
- suitable packaging;
- carriage and courier charges;
- insurance while in transit;
- customs clearance;
- duties;
- taxes and VAT; and
- any other costs associated with delivery.
All such charges must be prepaid.
The Organiser may refuse a delivery where duties, courier charges, taxes or other amounts remain payable.
The Entrant is responsible for ensuring that the correct quantity of samples is delivered to the correct address by the applicable deadline.
The Organiser is under no obligation to track shipments, contact couriers, locate delayed consignments or chase Entrants for missing samples.
Risk in samples remains with the Entrant while they are in transit.
The Organiser does not accept responsibility for samples that are lost, delayed, broken, damaged, spoiled, misdirected, incorrectly labelled or rendered unsuitable for judging while in transit or because of inadequate packaging or transportation.
Confirmation that samples have arrived 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 for ensuring that perishable, chilled or frozen Products are transported in accordance with applicable legal and safety requirements and arrive in a condition suitable for safe storage, preparation and judging.
The Entrant must clearly identify all refrigeration, freezing, chilling, storage, preparation and other relevant handling requirements.
Where applicable, Products must carry appropriate date marking and have sufficient remaining shelf life to permit judging.
The Entrant must provide appropriate 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 material handling precautions, hazards or safety requirements relevant to storage and assessment.
The Entrant remains responsible for compliance with applicable transportation and dangerous-goods requirements.
The Organiser may refuse, discard or 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 payable where a Product cannot be judged because it was not supplied in an appropriate condition.
Chilled or frozen products or products that require special handling must be delivered between 9.00am and 5.00pm, Monday to Thursday.
17. Product Safety, Allergens and Regulatory Compliance
The Entrant warrants that every Product and sample submitted:
- is representative of the Product commercially supplied to consumers;
- is safe and suitable for its intended purpose;
- complies with applicable Product, food, labelling, packaging and safety laws in the markets in which it is sold;
- carries or is accompanied by accurate ingredients and allergen information where applicable;
- carries or is accompanied by accurate preparation, storage, usage, feeding and safety instructions where applicable;
- contains appropriate warnings where applicable; and
- has not been altered or specially produced for the purpose of obtaining an advantage in the Awards.
For food and beverage Products, the Entrant must accurately identify applicable allergens and relevant cross-contamination or “may contain” information requested by the Organiser.
For alcoholic beverages, accurate alcohol-by-volume information must be supplied where requested.
For household, personal-care, pet and other non-food Products, the Entrant must provide usage, warning, safety, testing or regulatory information reasonably requested through the applicable Entry process.
The Organiser may decline to open, prepare, taste, use, test or otherwise assess any Product it considers unsafe or unsuitable.
The Organiser may rely on preparation, storage, safety and handling instructions supplied by the Entrant and is not responsible for errors or omissions in those instructions.
18. Insurance
The Entrant warrants that it maintains in force adequate and current insurance covering liability arising from each Product submitted to the Awards, including liability arising from the manufacture, supply, handling, preparation, tasting, testing or use of the Product.
Such insurance must cover product liability and public liability risks, whether through separate policies, a combined policy or equivalent insurance providing substantially the same protection.
The insurance must provide cover appropriate to the nature of the Product and the risks reasonably associated with it.
19. Product Recalls, Withdrawals and Safety Concerns
The Entrant must promptly notify the Organiser if, after submission:
- the Product becomes subject to a Product recall, market withdrawal or safety notice;
- a competent authority raises a material regulatory or safety concern regarding the Product;
- the Entrant discovers a significant undisclosed allergen, labelling or Product-safety issue; or
- circumstances arise that materially affect the Product’s eligibility or suitability for judging.
The Organiser may suspend judging, disqualify the Entry, withhold publication of a result, suspend Recognition or withdraw Recognition in such circumstances.
The Organiser is not required independently to monitor Products or regulatory databases for recalls or safety issues.
20. Handling and Disposal of Samples
Samples are non-returnable once delivered to the Awards.
The Entrant authorises the Organiser and persons involved in the Awards to open, prepare, cook, handle, taste, use, test and photograph samples as reasonably required for judging and Awards administration.
Following judging, the Organiser may dispose of, consume, recycle or, where lawful and appropriate, donate unused samples.
The Organiser has no obligation to return samples, packaging or other physical materials.
21. Judging Process
Judging is organised by the Organiser and may involve journalists and editorial professionals with specialist knowledge of the grocery retail, FMCG and foodservice industries, including members of the Organiser’s editorial teams, together with invited industry experts and other judges or assessors selected by the Organiser.
Entries will be assessed against criteria 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 to every Product.
The Organiser may determine the format, method and allocation of assessment as it considers appropriate. The assessment may take account of Entry information, Product samples and other submitted materials as relevant.
Where relevant, Products may be prepared or presented for assessment in such manner as the Organiser considers appropriate. Any preparation or usage instructions supplied with or displayed on the Product may be taken into account.
Judging necessarily involves professional opinion and subjective assessment.
Payment of an Entry fee does not guarantee that a Product will become a Finalist, Winner or receive any other Recognition.
The decisions regarding the merits of 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 applicable edition of the Awards.
Recognition does not represent an assessment of, or comparison with, every private label Product commercially available in Europe.
Recognition relates only to the Product 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 no obligation to provide individual judging scores, judging notes or feedback unless it chooses to do so.
There is no appeal against the judges’ subjective assessment of a Product.
An Entrant who believes that an administrative, processing or publication error has affected its Entry or result must notify the Organiser in writing within 14 days of publication of the relevant results.
The Organiser may correct a genuine administrative, factual, clerical, typographical or publication error.
The Organiser is not required to enter into correspondence concerning judges’ opinions, scoring or comparisons between Products or Entrants.
The Organiser may investigate eligibility, safety or integrity matters at any time where relevant information subsequently comes to its attention.
24. Awards and Recognition
The Organiser may designate Products as Winners, Finalists, Highly Commended or such other Recognition as it considers appropriate.
The Organiser is not obliged to:
- select a Winner in every category;
- select the same number of recognised Products in each category; or
- make an award where the judges consider that no Entry meets the appropriate standard.
The Organiser may recognise more than 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 before the official publication date or embargo time communicated by the Organiser.
The Organiser may require an Entrant to remove a premature announcement and may suspend or withdraw Recognition in the event of a material or deliberate breach of an Awards embargo.
26. Publication and Publicity Rights
The Entrant grants the Organiser a non-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:
- administration and judging of the Awards;
- publication of Awards results;
- the EPLA Website and archives;
- European Supermarket Magazine and associated print and digital channels;
- Awards-related editorial coverage;
- press and public-relations activity;
- social media; and
- promotion of the Awards, including future editions.
The Organiser may publish, where relevant, the Product name, retailer, manufacturer, producer or supplier, country, Product imagery, category, Recognition received and selected non-confidential information from the Entry.
The identity and country of the manufacturer, producer or supplier may therefore form part of published Awards information.
Historic results may remain publicly available indefinitely as an archive of the Awards.
27. Confidential Information
Detailed formulations, non-public ingredients information, technical documentation, testing information, safety documentation and other materials reasonably understood to have been provided solely for judging, verification or safety purposes will not normally be published.
The Organiser may disclose such information to employees, judges, contractors, advisers and service providers to the extent reasonably necessary to administer, verify or judge the Awards.
Information will not be treated as confidential where:
- it is already lawfully in the public domain;
- it was already lawfully known to the Organiser without an obligation of confidence;
- disclosure is authorised by the Entrant; or
- disclosure is required by law, court order or a competent authority.
Entrants should not provide trade secrets or commercially sensitive material beyond that reasonably required by the Entry process.
28. Use of Award Marks
All intellectual property rights in the European Private Label Awards name, logos and Award Marks belong to or are controlled by the Organiser.
Award Marks may only be used in accordance with these Terms and the most recently published EPLA brand guidelines.
Unless expressly authorised otherwise in writing by the Organiser, the right to use an Award Mark is limited to commercial, marketing and promotional activities directed principally at audiences and markets in Europe.
For the avoidance of doubt, websites, social media posts and other digital communications principally directed at audiences in Europe may remain accessible outside Europe without breaching this restriction.
An Award Mark:
- may only be used in relation to the exact Product that received the relevant Recognition;
- may only be extended to another pack size where that pack size was declared as part of the Entry at the time of submission and qualifies as part of the SKU Family under these Terms;
- may not be extended retrospectively to additional pack sizes that were not declared as part of the Entry;
- may not be used on another flavour, fragrance, recipe, formulation, variety or Product;
- may not be used across a Product range merely because one Product within that range received Recognition;
- may not be transferred to a Product sold under another retailer, private label or brand name;
- must display the applicable Awards year where required by the Organiser;
- must accurately state the level and type of Recognition received;
- may not be altered, redrawn or adapted except as expressly permitted by the EPLA brand guidelines;
- may not be used in a manner suggesting regulatory approval, certification or a broader endorsement by the Organiser; and
- may not be sold, assigned or licensed for use in relation to a Product that did not receive the Recognition.
Where the same Product is sold by more than one retailer or under more than one private label, Recognition applies only to the retailer/private label under which the Product was entered and judged. A separate Entry is required for Recognition to apply under another retailer or private label.
Subject to these restrictions, an Award Mark may be reproduced in connection with the recognised Product by the Entrant, the retailer and manufacturer, producer or supplier identified in the Entry, and agencies, designers, printers or other service providers acting on their behalf.
Any unauthorised, inaccurate or misleading use of an Award Mark may result in withdrawal of permission to use the Award Mark and/or withdrawal of Recognition.
29. Duration of Recognition and Award Mark Use
EPLA Recognition and the right actively to use the corresponding Award Mark are valid for three years from the date on which the relevant Awards results are officially published, unless Recognition is withdrawn earlier under these Terms.
The applicable Awards year must be identified in accordance with EPLA brand guidelines.
At the end of the three-year period, active use of the Award Mark must cease.
This includes use on Product packaging, websites, Product pages, digital or print advertising, point-of-sale material, sales literature and other promotional communications.
Expiry of the right actively to use the Award Mark does not alter the historical fact that the Product received Recognition in the relevant Awards year.
Historic Awards results, editorial coverage and EPLA archives may therefore continue to record the Recognition.
30. Changes to an Award-Winning or Recognised Product
Recognition is awarded solely to the Product in the form in which it was entered and assessed by the judges.
If the Product is changed in any way that could potentially affect the Product or any characteristic relevant to its assessment, the Recognition will no longer apply to the changed Product and use of the Award Mark on that Product must cease.
Such a changed Product must be entered into a subsequent edition of the Awards if Recognition is sought for the revised Product.
Changes capable of invalidating Recognition include, without limitation:
- a change in recipe or formulation;
- a change in ingredients;
- a change in the source or type of an ingredient;
- a material change in ingredient quality;
- a change in treatment or processing of an ingredient;
- a change in manufacturing or production process;
- a significant seasonal change capable of affecting the Product;
- a change in flavour, fragrance or variety;
- a change affecting nutritional, dietary, allergen or free-from characteristics;
- a change in Product performance, functionality or intended use; or
- a change to packaging where packaging formed part of the basis upon which Recognition was awarded.
The Entrant must not assume that a potentially relevant change is sufficiently minor for Recognition automatically to continue.
Where there is doubt, the Entrant must obtain confirmation from the Organiser before continuing to use the Award Mark.
A purely administrative change incapable of affecting the Product as judged, such as a change to a barcode, legal address or other immaterial mandatory labelling information, will not normally invalidate Recognition.
The Organiser’s determination as to whether a change invalidates Recognition is final.
31. Accurate Description of Recognition and Comparative Claims
EPLA Recognition must be described accurately and must not be exaggerated, misrepresented or used to support a claim beyond the Recognition actually awarded.
No Entrant, retailer, manufacturer, producer or supplier may use EPLA Recognition or an EPLA Award Mark to make or support 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 factual statements corresponding to the Recognition actually awarded, including the precise EPLA award title and applicable Awards year.
Recognition reflects the assessment of Products entered into and judged in the applicable edition of the European Private Label Awards.
It does not represent an assessment of, or comparison against, every private label Product available in Europe.
Judges’ comments, feedback or quotations must not be:
- materially altered;
- selectively edited;
- quoted out of context;
- combined in a misleading manner; or
- presented in a way that suggests a higher or different level of Recognition than was actually awarded.
Feedback concerning a Product that did not receive Recognition must not be presented as though it constitutes an EPLA endorsement or award.
The Organiser may require any inaccurate, exaggerated or misleading reference to EPLA Recognition to be corrected or removed.
32. Suspension and Withdrawal of Recognition
The Organiser may suspend permission to use an Award Mark while investigating a potential breach of these Terms.
The Organiser may withdraw Recognition and permission to use the relevant Award Mark where:
- an Award Mark is used on a Product that did not receive the Recognition;
- an Award Mark is transferred to another flavour, formulation, Product, retailer or private label without authorisation;
- a recognised Product has been changed in a manner covered by Clause 30;
- an Award Mark or Recognition is materially misrepresented;
- EPLA Recognition is used to make a prohibited claim under Clause 31;
- an Entry contained materially false, inaccurate or misleading information;
- the Product submitted for judging materially differed from the Product commercially offered to consumers;
- the Product was not eligible;
- the Entrant did not have appropriate authority to submit the Product;
- the Product becomes subject to a material safety recall or regulatory action;
- the Entrant materially breaches these Terms; or
- continued use of the Recognition would materially mislead the market or undermine the integrity of the Awards.
The Organiser may act immediately where it considers this necessary to protect Product safety, consumers, its intellectual property or the integrity of the Awards.
Following suspension or withdrawal of Recognition, the Entrant must immediately cease any new use of the Award Mark and take reasonable steps to remove or discontinue affected uses and claims under its control.
Suspension or withdrawal of Recognition does not entitle the Entrant to a refund of Entry fees.
33. Data Protection and Awards Communications
The Organiser will process personal data supplied in connection with the Awards in accordance with applicable data protection law and the Organiser’s Privacy Policy.
Awards-related administrative communications 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 are separate from unrelated promotional or direct-marketing communications.
Where consent or another lawful basis is required for direct marketing, such communications will be handled in accordance with applicable law and the individual’s communication preferences.
Entrants are responsible for ensuring that contact information supplied through the Entry Platform is accurate and current.
34. Third-Party Platforms and Service Providers
The Organiser may use third-party providers for Entry management, payment processing, hosting, communications, judging administration, courier services and other elements of operating the Awards.
The Organiser does not guarantee that the Website or Entry Platform will operate uninterrupted or error-free.
The Organiser will not be responsible for an Entrant’s inability to submit or administer an Entry where caused by circumstances outside the Organiser’s reasonable control, including the Entrant’s internet connection, email filtering, equipment or systems.
Where a material failure of an Awards system affects the operation of the Awards, the Organiser may extend a deadline or take such other action as it considers appropriate.
35. Changes to the Awards
The Organiser may make reasonable changes 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 normally entitle an Entrant to a refund where the Entry can still be substantially judged as intended.
36. Cancellation of the Awards
If the Organiser cancels the Awards in their entirety before judging has taken place and does not reschedule the Awards or provide a substantially equivalent judging process, Entry fees paid for affected Entries will be refunded.
Subject to liability that cannot lawfully be excluded or limited, such refund will be the Entrant’s sole financial remedy in respect of cancellation.
The Organiser will not be responsible 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 liable for delay, disruption, postponement or failure to perform an obligation caused by circumstances beyond its reasonable control.
Such circumstances may include severe 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 where it considers this appropriate.
38. Entrant Responsibility and Indemnity
The Entrant remains responsible for:
- 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, the Entrant shall indemnify the Organiser against reasonable losses, liabilities, damages, claims and costs arising directly from a third-party claim resulting from:
- a material breach by the Entrant of these Terms;
- an unsafe, defective or materially non-compliant Product supplied by the Entrant;
- materially inaccurate or misleading Product-safety, ingredient, allergen, usage or warning information supplied by the Entrant;
- infringement of a third party’s intellectual property or other rights by material supplied by the Entrant; or
- the Entrant’s lack of authority to submit a Product or associated material,
except to the extent that the relevant liability was caused by the Organiser’s own negligence, breach of contract or unlawful conduct.
This clause survives completion of the Awards.
39. Limitation of Organiser Liability
To the fullest extent permitted by applicable law, the Organiser’s liability shall be limited as set out in this Clause.
Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited.
Subject to the above, the Organiser shall not be liable for any indirect or consequential loss, or for any loss of profit, revenue, business, anticipated savings, opportunity or goodwill, arising out of or in connection with the Awards.
Subject to the above, the Organiser’s total aggregate liability arising out of or in connection with any individual Entry, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the Entry fee actually paid for that Entry.
Where a single claim relates directly to more than one Entry, the Organiser’s total aggregate liability in respect of that claim shall not exceed the Entry fees actually paid for the affected Entries.
Nothing in these Terms constitutes a 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 do not constitute regulatory approval, certification or approval by the Organiser of any claim made by an Entrant concerning a Product.
40. Changes to These Terms
The Organiser may amend these Terms where reasonably necessary to reflect changes in law, safety requirements, Awards rules, judging arrangements, the Entry process or other material operational requirements.
The version accepted when an Entry was submitted will generally apply to that Entry.
The Organiser may apply a later change where necessary for legal, regulatory, safety or Awards-integrity reasons.
The Organiser is not required individually to notify Entrants of amendments that do not materially affect an existing Entry.
41. Entire Agreement and Order of Precedence
These Terms, together with the relevant Entry form, published eligibility requirements, applicable EPLA brand guidelines and specific written instructions issued by the Organiser for the applicable Awards year, constitute the agreement between the Organiser and Entrant regarding participation in the Awards.
If there is an inconsistency, these Terms will prevail unless the Organiser expressly states that a particular rule, brand guideline or written instruction is intended to override a specified provision.
42. No Waiver
A failure or delay by the Organiser to exercise or enforce a right under these Terms does not constitute a waiver of that right or prevent its subsequent exercise.
43. Severability
If any provision of these Terms is found by a court or competent authority to be invalid, unlawful or unenforceable, it will be treated as modified to the minimum extent necessary to make it valid and enforceable.
If modification is not possible, the affected provision will be severed.
The remaining provisions will continue in full force and effect.
44. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with the Awards shall be governed by the laws of the Republic of Ireland.
The courts of the Republic of Ireland shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with the Awards.
45. Contact
Questions concerning these Terms or participation in the European Private Label Awards should be directed to the contact details published on the Website or Entry Platform.
Organiser:
Madison Publications Ltd
3 Adelaide Street
Dún Laoghaire
Co. Dublin
A96 D6P8
Ireland