1. Definitions and Interpretations
1.1. In these Global Mobile Awards 2023 – General Terms and Conditions (the “Terms and Conditions”), unless the context otherwise requires, the following words shall have the following meanings:
“Award Programme” –, collectively, the Categories as listed and detailed in the Rules of Entry or on the Website;
“Awards” – means the competition identified in the Rules.;
“Category” – means each particular category within an Award Programme listed and detailed in the Rules of Entry or on the Website;
“Ceremony” – means the Awards ceremony (whether virtual or in person) where the Winners will be announced;
“Closing Date” – means the deadline for entry to the Awards as conveyed in the Rules of Entry or on the Website;
“Entrant” – means an individual, team or group that submits an Entry for a Category;
“Entry” – means the material submitted for a Category by the Entrant;
“Entry Fee” – means the relevant fee, payable by the Entrant for the corresponding Category, which is set out in the Rules of Entry. Entry Fees must be paid in accordance with the Rules of Entry;
“Multiple Entries” – means more than one Entry per Entrant;
“Organizer” – means GSMA Ltd., 165 Ottley Drive, Suite 203, Atlanta, Georgia, 30324, United States;
“Rules” – means these Terms and Conditions, the Rules of Entry, and, additionally, any special terms and conditions agreed in writing between the Entrant and the Organizers;
“Rules of Entry” – means any specific rules or terms of participation applicable to the Awards identified in the Rules of Entry;
“Venue” – means the location for the Ceremony for in-person Awards;
“Website” – means the site reference ; and
“Winner” – means the winner of a Category.
1.2. The Organizer reserves the right to cancel and/or amend all or any part of the Award Programme, an Award and/or the Rules. Any changes to the Rules, Awards or Awards Programme will be posted on the Website. It is the responsibility of the Entrant to keep themselves informed of any changes.
1.3. By submitting an Entry, the Entrant shall be deemed to have accepted and agreed to comply with the Rules.
1.4. In the event of any dispute regarding the Rules, conduct or results of the Awards, the decision of the Organizer shall be final, binding and unchallengeable.
2. Entrants for the Awards
2.1. Unless otherwise stated in the Rules, the Awards are open to all Entrants, regardless of location or organizational type.
2.2. By submitting an Entry, the Entrant hereby warrants that all information submitted is true, accurate and complete. The Organizer reserves the right to verify any information contained in the Entry and the Entrant’s eligibility to submit an Entry.
2.3. The Organizer reserves the right to disqualify an Entrant if the Organizer has reasonable grounds to believe that an Entrant has breached any of the Rules or any applicable law (including any copyright law), has committed any act that has caused or could cause reputational damage to the Organizer, or has otherwise infringed the intellectual property rights of any third party.
2.6. In the event a Winner is disqualified from the Awards, the Organizer may select an alternative Winner in the same manner as the original Winner and such selection will be subject to the Rules.
3. Entries for the Awards
3.1. All Entries must be submitted in the manner and format specified in the Rules.
3.2. Unless stated otherwise in the Rules of Entry, an Entry can be submitted to multiple Categories, unless stated otherwise, provided that the applicable Entry Fee must be paid for each Category to which an Entry is submitted.
3.3. Unless stated otherwise in the Rules of Entry, an Entrant can submit Multiple Entries in the same Category only if the Entry is for a different product or service. The Entrant must pay an Entry Fee for each Entry.
3.4. While submitting an Entry, Entrants should provide the Organizer with updated and reachable contact details. Any changes to contact details provided should be emailed directly to the Organizer at [email protected]
3.5. Each Entry must satisfy all requirements set forth in the Rules.
3.6. On receipt of an Entry, the Organizer will confirm its arrival via email. If an Entrant does not obtain such a receipt within three days, it is the Entrant’s responsibility to contact the Organizer to confirm its arrival with the Organizer. Unless confirmation has been received verbally or in writing, the Organizer cannot guarantee the arrival of an Entry or that the Entry will be accepted by the Organizer.
3.7. All Entries must be submitted in the English language (unless otherwise stated in the Rules) and must be accompanied by the appropriate Entry Fee.
3.8. Each and every Entry must be completed in full, including all mandatory sections of the entry form and submitted and with the applicable Entry Fee received before the Closing Date. No Entry will go forward for judging unless full payment of the Entry Fee is received by the Organizer prior to the Closing Date with all mandatory sections of the entry form completed with the relevant information, as indicated in the Rules.
3.9. All Entry Fees are non-refundable. An Entrant will not be eligible for a refund of the Entry Fee paid for an Entry that remains incomplete at the Closing Date.
3.10. Amendments cannot be made to an Entry once submitted. If an Entrant has any concerns about information included in an Entry after it has been submitted, they should contact the Organizer directly.
3.11. If the Organizer has reasonable grounds to believe an Entrant has attempted to influence the decision of the judges, by any means outside or in addition to the official Entry, the Entrant will be disqualified and will not be eligible for a refund of the Entry Fee paid.
3.12. Unless otherwise stated in the Rules, the Awards are judged by a panel of independent judges without the interference or influence of the Organizer or any representative of the Organizer.
3.13. By submitting an Entry, the Entrant grants permission to the Organizer and its designees to use details of the Entrant as pertaining to the Awards, including company name, company logo, and/or likeness for purposes of advertising and trade in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, notification or permission, unless prohibited by law.
4. Intellectual Property and Indemnity
4.1. Any and all materials, information and content submitted by the Entrant must be the intellectual property of the Entrant, or otherwise the Entrant must have in writing all rights, licences, permissions and consents to use third party content by the company or individual whose intellectual property is being used.
(i) it owns or has and shall maintain all necessary rights, consents and licences (including all intellectual property rights) required to use the content and materials submitted to the Organizer; and
(ii) the content and materials submitted to the Organizer comply with all applicable laws.
4.3. Entries cannot defame, misrepresent or contain disparaging remarks about other people, products or companies.
4.4. The Organizer assumes no liability for the Entry.
4.5. Entrants grant the Organizer a worldwide perpetual transferable license to copy, publish, broadcast, display, distribute, use, edit, translate, reuse and adapt the video or any other Entry content or materials submitted to the Organizers, both now and in the future in relation to the Awards.
4.6 All intellectual property rights in or arising out of or in connection with the Awards and the Ceremony (other than intellectual property rights in any materials provided by Entrants) will be owned by the Organizer.
4.7. By submitting an Entry to the Organizer, the Entrant agrees to defend, indemnify and hold harmless the Organizer from any and all claims, actions, regulatory fines, damages, expenses and costs awarded against or incurred by the Organizer arising from or in connection with: (i) the Organizer’s posting of the Entry content on the Website or use of the Entry content during the Ceremony or otherwise in relation to the Awards; and (ii) any claim made against the Organizer for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Entry or any content or materials submitted.
5. Force Majeure & Limitation of Liability
5.1. The Organizer will not be liable or responsible to Entrants for any failure or delay in performing any obligation under these Terms and Conditions or the Rules regarding the Ceremony or Awards Programme in the event of any circumstance not within the Organizer’s reasonable control including, without limitation acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic or disease, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation any prohibition, or failing to grant a necessary licence or consent, collapse of buildings, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts, non-performance by suppliers or subcontractors and interruption or failure of utility service (a “Force Majeure Event”). Any resulting suspension or cancellation of the Awards shall not constitute a breach of contract between Entrants and the Organizer. Entrants will not be entitled to claim for any loss, expense or damage whether arising in contract, tort, for breach of statutory duty, or otherwise, and whether direct or indirect, as a result of a Force Majeure Event nor will Entrants be entitled to a refund of Entry Fees. Personal arrangements including travel, subsistence, hospitality or accommodation relating to the Awards which have been arranged by Entrants are at their own risk.
Limitations on the Organizer’s Liability
5.2. Where the Ceremony or Awards Programme is cancelled for any reason, the Organizer will not be liable to any Entrant, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, and whether direct or indirect, arising under or in connection with these Terms and Conditions, the Rules, the Ceremony or the Awards.
5.3. Subject to paragraphs 5.1, 5.2 and 5.5, the Organizer’s total liability to any Entrant arising under or in connection with these Terms and Conditions or the Rules, whether in contract, tort, breach of statutory duty, or otherwise, and whether direct or indirect, is limited to the Entry Fee paid by the relevant Entrant.
5.4. The Organizer will not be liable to any Entrant, whether in contract, tort, for breach of statutory duty, or otherwise, and whether direct or indirect, arising under or in connection with these Terms and Conditions, the Rules, the Ceremony, or the Awards for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of damage to goodwill or any indirect or consequential loss (including, but not limited to, non-refundable travel and accommodation costs).
5.5. Nothing in these Terms and Conditions shall limit any liability of the Organizer that cannot be limited by law.
6.1. Entrants must comply with all applicable laws, statutes, regulations, rules, and safety announcements (including, without limitation, the rules of the Venue and the regulations of any licensing authority).
6.2. Any views and opinions expressed at the Ceremony or in connection with the Awards Programme by the speakers, presenters and/or judges do not purport to reflect the views and opinions of the Organizer. We are not responsible for any offence caused by the speakers, presenters and/or judges.
6.3. If the Organizer does not insist that any Entrant perform any of its obligations under these Terms and Conditions or the Rules, or if the Organizer does not enforce its rights against any Entrant, or if it delays in doing so, that will not mean that the Organizer has waived its rights against any Entrant or that any Entrant does not have to comply with those obligations. If the Organizer waives any rights, they will only do so in writing, and that will not mean that they will automatically waive any right related to any later default by any Entrant.
6.4. The Organizer may assign or transfer the Organizer rights and obligations under these Terms and Conditions to another entity. Entrants may only assign or transfer their rights or obligations under these Terms and Conditions to another person if the Organizer agrees in writing (in the Organizer’s sole discretion).
6.5. Each provision of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
7. Data Protection
7.2 Organizer will use personal data submitted by Entrant to: (i) confirm submissions of the Entry; (ii) communicate with Entrant relevant information about the Awards and (iii) award prizes, when applicable.
7.4 By submitting an Entry, Entrant represents and warrants that: (i) Entrant has the authority to submit all details required in connection with the Awards, (ii) Entrant has communicated the Rules described herein with Entrant’s team members and obtained the necessary authorizations to apply for the Awards; (iii) all details submitted for the purposes of Awards is accurate; and (iv) Entrant will inform the Organizer if there are any changes to any of the data submitted.
7.5 Entrant acknowledges that Organizer may publish a photograph of Entrant and certain information about Entrant on its website and through media channels. Such information might disclose Entrant’s: name, company, city of residence.
8. Governing Law and Jurisdiction
8.1. The Rules shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to conflict of law principles. All claims relating to or arising out of the Rules, or the breach thereof, whether arising in contract, tort or statute, shall likewise be governed by and construed in accordance with the laws of the State of Georgia, United States, including its statute of limitations, without regard to conflict of law principles. The Courts located in Atlanta, Georgia, United States shall have exclusive jurisdiction over all claims.