Terms & Conditions
Cosmoprof Awards, hereinafter the “Award”, is a competition organized by Informa Markets India Pvt. Ltd, hereinafter “CI”, in the context of the tradeshow named “Cosmoprof India”. The Award is to recognize and reward the companies exhibiting at the tradeshow “Cosmoprof India”, which have applied to the Award and distinguished themselves in the beauty sector for their products and/or raw materials, hereinafter the “Participants”.
The Award is held, starting from 4 (four) months before the tradeshow and lasts until the closure of the award ceremony, which takes place during Cosmoprof India tradeshow, hereinafter the “Exhibition”. Participants can submit their nomination form for the Award and present their products on the following online platform made available by CI: http://india.cosmoprofawards.com/contest/cosmoprofindia19/auth/register hereinafter the “Platform”.
CI appoints the jurors (an independent board / panelists) in charge to examine and vote for the Participants and their products, hereinafter the “Jurors”, who will be selected from amongst the renowned journalists, entrepreneurs and experts of the beauty sector.
By filling the application to the Award, Participants hereby unconditionally accept the present general terms and conditions of participation, hereinafter “T&C”.
Modalities and requirements for application to the Award
2.1 In order to participate in the Award , the Participant(s) shall fill in the on-line nomination form on the Platform. (Please submit the nomination form for Cosmoprof Awards. Products’ entries shall consider and regard maximum 2 (two) products per category, for a maximum of 8 (eight) products in all; products shall constitute new launches not older than June 2021.)
2.2 Nomination forms can be submitted starting from 25th July 2022 and shall be sent by 18:00 CET (21:30 Indian time) on 7th September 2022.
2.3 Nomination forms and its supporting documents must be submitted in English language only.
2.4 In order to take part in the Award, the Participant(s) shall have duly paid the full exhibiting fee to attend the Exhibition. CI reserves the right to ban a Participant from the Award in the event it ascertains the omission of the payment of the exhibiting fee to attend the Exhibition.
2.5 To ensure the highest possible score, nomination form shall be completed in full, including only information that is relevant to the interested and specific Award’s category in order to enable Jurors to assess its merit. CI reserves the right to reject applications, which, at its sole discretion and unquestionable judgment, are not in line with the competition format. In particular, applications for products that fall within the category of processing machines and/ or packaging machines and/or labeling machines for cosmetics and related products shall not be accepted by CI.
2.6 CI reserves the right, after consultation with the Participant, to modify the "Category" section of the completed nomination form if not appropriate.
2.7 An entry to an award category cannot be withdrawn from the judging process once the Participant has been short-listed and announced as finalist.
2.8 Finalists are required (as the case maybe) to provide additional product information and copies of supporting documents upon the request of CI, within the given deadline failing which the product entry will be removed from the final list.
3. Undertakings of Participants
3.1 Participants are required to describe in detail the products presented to the Award in the nomination form, being careful to provide accurate and truthful information. Product presentations are visible exclusively by CI and the Jurors and are examined in a completely confidential manner.
3.2 CI cannot be held liable in any way except for the contents developed by CI’s employees.
3.3 By accepting these T&C, the Participants undertake to:
i. not use the Platform to carry out marketing actions, not even using the profile of other users;
ii. not send and / or upload viruses or other harmful codes into the Platform, not access the Platform in any other way by using automated tools without the authorization of CI, not take actions that could prevent, overload or compromise the correct functioning of the Platform;
iii. not use the Platform to degrade, intimidate, or harass other Participants and/or the Jurors;
iv. not to send and / or upload into the Platform contents that have a pornographic nature and / or characteristics and / or significance of incitement to hatred and violence, of praising discrimination of any kind (racial, religious, sexual, etc.), nude images or graphics or containing gratuitous violence;
v. not use the Platform for illegal, deceptive or discriminatory purposes;
vi. not send and / or upload any content that is defamatory towards CI, CI staff and its duly appointed service providers, other Participants, the Jurors or other third parties on the Platform;
vii. not to use copyright, registered trademarks or logos (whether registered or unregistered)of CI or similar symbols that could mislead the Jurors;
viii. not to use third party copyrights, trademarks (whether registered or unregistered), logos or similar symbols in a way that creates confusion as to the rightful owner or user;
ix. not use the Platform to carry out actions that might infringe the rights of third parties or otherwise breach the applicable law;
x. not collect Participants' content or information or personal data, by any means, nor try to obtain log in credentials nor access the account profiles of other Participants;
xi. not send and / or upload personal and / or third party identity documents or personal or sensitive data on the Platform.
4. Rights and faculties of CI
4.1 CI reserves the right, at its sole and unchallengeable discretion, to ban with immediate effect from the Award any Participant in case of:
a) wrong filling of the nomination form for whatsoever reason (including in case of provision of false or inaccurate information);
b) ascertained or suspected violation and / or infringement of third-party rights including intellectual property rights and copyrights;
c) disparaging behavior or corruption towards the Jurors and/or CI’s personnel/ its duly appointed service providers;
d) any dispute and/or claim pertaining to the products and/or to the contents presented by Participants in the Award.
4.2 In the event that the infringement and / or illicit behavior of a Participant should result in actions or claims by third parties also involving CI, the Participant in question shall indemnify and hold CI harmless from any and all direct or indirect damages, loss or expense of any kind (including disbursements and legal fees) connected with or deriving from the aforementioned breaches or tort of the Participant.
Declaration of Finalist After the submission of nomination forms, the finalists will be chosen by the Jurors by 14th September 2022. CI shall announce the names of the finalists at CI’s website and simultaneously, finalist will be notified by CI through an email.
5. Awarding of the winners
The winners of the competition will be announced by CI on 06th October 2022 at the Exhibition during the Award Winners Ceremony.
6. Decisions of the Jurors
6.1 Jurors are entitled to consider each product’s entry apart from the category criteria and at their own discretion based on their relevant experience and expertise.
6.2 Jurors' decisions are final and binding and no objections or demands will be accepted relating to any of their decisions.
6.3 CI is not liable for any costs or liabilities incurred by Participants during the Award.
6.4 Any Participant who, in the opinion of the Jurors or CI, is perceived to have harassed or bribed any Juror shall be immediately banned from the Award.
7. Trademarks of CI
7.1 Participation in the Award and these T&C do not provide nor imply the assignment nor the license or sub-license of use (to the Participants) of the intellectual property rights and/or copyrights of CI and, therefore, do not constitute an assignment nor a license to use any of the trademarks, logos, models or images of CI and / or relating to the Exhibition.
7.2 By separate deed, CI will grant only to finalist the royalty free non-exclusive use of the Award’s logo, in accordance with the instructions and guidelines that will be provided by CI. In any case, CI reserves the right to request the finalist to immediately stop using the Award’s logo and to return any material and / or document and / or artefact bearing the Award’s logo should CI deem that an infringement has occurred to its intellectual property rights and/or copyrights or if it considers that a breach of the instructions and guidelines for the use of said logo has occurred.
8. License for the use of the materials and of the information provided by Participants
8.1 By sending images and materials relating to the products presented to the Award, each Participant grants CI and the Jurors the worldwide non-exclusive and royalty free license to use the said images and materials and the intellectual property rights and copyrights connected to and / or deriving from the said images and materials for the time necessary to carry out the Award, including the rights of vision, use, public display, broadcasting and republication on any media.
8.2 CI and the Jurors shall use the images and materials sent by the Participants for the sole purpose and for the time strictly necessary to perform their obligations.
8.3 The Participants are aware and accept that their application to the Award could be publicly revealed by CI, therefore it is up to the Participants to obtain all intellectual property rights and take all appropriate measures to protect the rights of the Participants themselves. Neither CI nor the Jurors can be held liable in any way for the publication, disclosure or infringement of intellectual property rights or copyrights or confidential information of the Participants. Neither CI nor the Jurors are liable for any costs or expenses, including those relating to the protection of intellectual property rights and copyrights, which the Participants may incur as a consequence of participating to the Award.
8.4 The Participants declare and warrant that the submitted products for the Award comply with applicable law and the regulations in force such as, by way of example, the provisions on environment and safety of consumer products.
8.5 In the event of a dispute of any nature relating to the submitted products of a Participant to the Award, CI reserves the right to disqualify from the Award the interested Participant or the single interested products. All decisions made by CI are final, binding and unquestionable.
8.6 Participants grant and warrant: (a) that all information provided for the participation in the Award are true and that the submitted products and materials provided for the participation in the Award do not infringe in any way the rights of third parties, including intellectual property rights and copyrights; (b) to be in possession of all the necessary rights and licenses required for the participation in the Award and for the fulfillment of the obligations contained in these T&C; (c) to be the owner or licensee of the copyright on the photographs and / or images provided for the participation in the Award; (d) that the license of use granted to CI and the Jurors in relation to the images and materials relating to the products submitted to the Award does not infringe the rights of third parties. The Participants undertake to hold CI and the Jurors integrally harmless and indemnified against any loss, liability, litigation, direct or indirect damage, cost or expense arising to CI and/or the Jurors as a result of the breach of the guarantees referred to in letters a) to d) which precede.
8.7 If at the sole discretion of CI the prohibitions and warranties contained in these T&C are deemed to be infringed, CI reserves the right to disqualify from the Award the Participant or the single product concerned, to not publish the contents transmitted by the Participants or to remove all published content, as well as to disable, temporarily or permanently, the access to the Platform by the author of the said infringements.
9. Provision of services connected to the Platform
9.1 Participants acknowledge and accept that the Platform or certain options relating thereto may be discontinued temporarily or permanently. CI may also suspend at its own discretion the service, without being in any way obligated to notify or indemnify Participants.
9.2 The Platform is an ever-evolving project and, therefore, Participants acknowledge and accept that the Platform is subject to modification, without CI being in any way obligated to notify or indemnify Participants.
10. Deletion from the Platform of uploaded contents
10.1 Each Participant is entitled to request CI to delete from the Platform all or part of the uploaded contents; in this event, CI and Jurors could be not able to vote, in whole or in part, the Participant and its products.
11. Platform’s moderation
Contents received from Participants will be submitted to a pre-emptive check by CI and, if compliant with the present T&C, they will be published. CI reserves the right, at its own discretion, to not to publish and/or delete contents not compliant with the present T&C.
12. Applicable law and jurisdiction
The present T&C and conditions and the relationship between Participants and CI shall be regulated exclusively by Indian law. Any disputes, differences and questions whatsoever, arising between the Parties on their respective obligations, representations in connection with this Agreement or in connection with the interpretation of any of the terms and conditions herein contained and/or in connection with or in any way relating to the rights and obligations of the Parties hereto under this Agreement, shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996, or any statutory modification or enactment thereof for the time being in force. The arbitral tribunal shall comprise of three (3) arbitrators, one (1) to be appointed by each Party and the third to be appointed by the aforementioned arbitrators. The venue of the arbitration shall be Mumbai, India, and the proceedings will be conducted in English. The award shall be final and binding on all the Parties and the right of appeal, if any, is expressly waived to the fullest extent permitted by applicable law..
* * *