Terms & Conditions
1.1 Spikes Asia Festival of Creativity (the “Festival”) is organised and managed by Asian Advertising Festival (Spikes Asia) Pte Ltd, a company registered in Singapore (Registration number 200906776E) with registered address: #05-05 Infinite Studios, 21 Media Circle 138562, Singapore.
1.2 References to “us” means Asian Advertising Festival (Spikes Asia) Pte Ltd and references to “we” and “our” shall be construed accordingly. Reference to “you” means the entity completing a booking form and references to “your” shall be construed accordingly.
2.1 You may request a delegate pass for the Festival online.
2.2 All delegate pass purchase requests for the Festival are subject to availability. If you have completed your delegate pass purchase request correctly in accordance with these terms and conditions (the “Terms and Conditions”), if there is availability for the Festival and if you have made the requisite pre-payment (or provided us with credit/debit card details and authorisation to deduct payment) a confirmation email will be sent to you as soon as reasonably practicable. Your booking is confirmed when we send this email. If there is no availability for the Festival we will send you an email as soon as reasonably practicable informing you that this is the case.
2.3 When you request a delegate pass online, you must have previously linked your user name and password which you will use to access the “My Account” area (your “Account”) of www.spikes.asia (the “Website”) and to book as a delegate. You are responsible for preventing unauthorised use of your user name and password. You must keep your username and password confidential at all times as you are responsible for all activities undertaken through your Account. You agree to log-off from your Account at the end of each session and to contact us immediately if you become aware of any unauthorised use of your username/password and/or Account. We are not liable for any loss or damage arising from your failure to comply with these requirements.
3.1 Prices are set out on the Website and exclude all applicable local taxes. All payments for registration fees must be made in Singapore Dollars (or such other currency as is stipulated on the Website). Payment must be made, or valid credit/debit card details and authorisation to deduct payment given, at the time you complete your booking.
3.2 Prices may change from time to time. If the price of a delegate pass increases or decreases before you receive a booking confirmation we will notify you and ask you to confirm whether you wish to proceed with your booking based on the revised price.
3.3 Payment may be made by either (i) bank transfer (SGD10 flat handling fee); or (ii) credit or debit card (VISA – handling fee of 3.48%; MasterCard – handling fee of 3.4%; and American Express – handling fee of 4.4%).
3.4 If you wish to pay by bank transfer please use the bank account details below. You are responsible for paying all bank charges. If bank charges are not paid by you, your registration may be refused. A payment description should be included with your payment which references your company name and SA/ reference number.
Beneficiary Name: Asian Advertising Festival (Spikes Asia) Pte Ltd.
Beneficiary Address: #05-05 Infinite Studios, 21 Media Circle 138562, Singapore
Banker: Citibank N.A., Singapore Branch
Bank address: 8 Marina View #16-01 Asia Square Tower 1, Singapore, 018960
Account Number(SGD): 0-852000-007
Swift Code: CITISGSG
Once the transfer has been made you will need to scan and email proof of payment/bank transfer confirmation, quoting your company name and SA/ reference number, to our Registration Team in order to complete your booking.
3.5 From Thursday 13 September 2018 onwards, it will no longer be possible to make payment by bank transfer and we will be accepting payment online by credit card only (or you can choose to pay at the Festival for delegate passes you have registered for). At the Festival, you can pay in cash (in Singapore Dollars only) or by credit card. Please note, if you do send a bank transfer after this date and the payment has not cleared by the time you arrive at the Festival, we will charge you again onsite. The duplicate payment would then be refunded post-Festival.
3.6 From Tuesday 25 September 2018 onwards, you will no longer be able to choose to pay at the Festival for delegate passes you have registered for online. It will only be possible to pay by credit card online; however, you can still purchase a pass upon arrival at the Festival if you have not registered online.
3.7 The stated pass fee excludes Singaporean Goods and Services Tax (“GST”), which is applicable to all Singaporean customers. All invoices will be sent electronically to the email address provided by you at the time of booking, if requested post-Festival. We cannot re-issue invoices. Invoices only refer to the currency in which payment has been made. You may, in certain circumstances, be able to reclaim any GST which you have paid. We do not refund GST.
3.8 Booking requests will not be processed until registration fees and applicable charges have been paid in full.
4. CHANGES TO THE EVENT AND CANCELLATION POLICY
4.1 It may be necessary for reasons beyond our reasonable control (including, without limitation, due to acts of God, severe weather, fire, explosion, military or terrorist acts (or threats of any such acts), any industrial action or widespread illness) to alter the advertised content, timing and/or location of the Festival or to cancel the Festival. We reserve the right to do this at any time and we shall not be liable to you for any cost or other expenses (including, without limitation, wasted costs and expenses) incurred by you and/or your delegate(s) as a consequence (including, without limitation, delegate pass fees and travel and accommodation expenses).
4.2 Any requests to replace one delegate for another must be made via the “My Account” area of the Website.
4.3 Before Tuesday 25 September 2018, it will be possible to make a name change to a delegate pass, online via the “My Passes” section of your “My Account” area of the Website. Name changes will not be accepted once a badge has been collected at the Festival.
4.4 It will no longer be possible to make a name change to a delegate pass online via the “My Passes” section of your “My Account” area of the Website, from Tuesday 25 September 2018 onwards. Name changes will be accepted at the registration area of the Festival, if the badge has not already been collected.
4.4 Cancellations must be made via the “My Passes” section of your “My Account” area.
4.5 Cancellations of delegate passes are not eligible for a refund or for credit against the current or future Festivals. This policy also applies to delegate pass downgrades.
4.6 It will be possible to request an upgrade to a delegate pass (e.g. from a “Young Spikes Creative” to a “Spikes Delegate”), from the “My Passes” section of your “My Account” area of our Website. Additional fees will apply to delegate pass upgrades. If you require a pass downgrade, the request must be submitted to our Registration Team by email. No refunds or credit for the current or future Festivals will be given for delegate pass downgrades.
4.7 No refunds or credits for the current or future Festivals will be given for non-attendance at the Festival.
We ask that all delegates behave respectfully towards their fellow delegates and Festival staff. Delegates must not to do anything which: (a) may bring the Festival, us or any of our group companies into disrepute; or (b) be prejudicial to the image and/or reputation of the Festival, us or any of our group companies. Delegates must: (i) comply with all reasonable instructions given by Festival staff, including without limitation in relation to health and safety; (ii) not do anything that would or is likely to endanger other delegates, Festival staff or the general public; and (iii) comply with all local laws, rules and regulations (including, without limitation, alcohol licensing law).
6.1 Please collect your badge for the Festival from the registration area indicated in your booking confirmation email.
6.2 Badges must be worn at all times during the Festival. Badges are valid for the booked delegate only and must not be misused. Badges remain our property. We reserve the right to deny access to the Festival or confiscate badges where we consider that there has been a breach of these Terms and Conditions (including without limitation, clause 5 above).
6.3 We will not replace lost or stolen badges. Defacing and/or creating copies of a badge is a breach of these Terms and Conditions and will be treated as fraud.
6.4 Name changes will not be accepted once a badge has been collected.
7. AWARDS SHOW AND AFTER PARTY
7.1 The Awards Show and After Party can be accessed with your delegate badge and are included in some delegate packages. It is not possible to purchase additional access for the individual Awards Show or After Party. Access to the Awards Show and After Party will not be possible without a delegate badge.
7.2 The Student pass will not include access to the After Party.
7.3 The Contractor and Exhibitor passes will not include access to the Awards Show or After Party.
8.1 All rights in all presentations, documentation and materials published or otherwise made available as part of the Festival (including but not limited to any audio or audio-visual recording of the Festival) (“Content”) is owned by us or is included with the permission of the owner of the rights. No: (i) photography, filming or recording; or (ii) republication, broadcast or other dissemination of the Content is permitted without our prior written consent. You shall not distribute, reproduce, modify, store, transfer or in any other way use any of the Content (save that use by the relevant delegate for internal business purposes shall be permitted) without our prior written consent, and in particular (but without limitation) you shall not (and shall procure that each of your delegates shall not) without our prior written consent:
8.1.1 upload any Content into any shared system;
8.1.2 include any Content in a database;
8.1.3 include any Content in a website or on any intranet;
8.1.4 transmit, re-circulate or otherwise make available any Content to anyone else;
8.1.5 make any commercial use of the Content whatsoever; or
8.1.6 use Content in any way that might infringe third party rights or that may bring us or any of our affiliates into disrepute.
8.2 The Content does not necessarily reflect our views or opinions.
8.3 Suggestions or advice contained in the Content should not be relied upon in place of professional or other advice. Whilst we take reasonable care to ensure that the Content created by us is accurate and complete, some of it is supplied by third parties and we are unable to check its accuracy or completeness. You should verify the accuracy of any information (whether supplied by us or third parties) before relying on it. The Content is provided on an “as is” basis without any warranties of any kind (express or implied). We hereby exclude to the fullest extent permitted by law all liabilities, costs, claims, damages, losses and/or expenses arising from any inaccuracy or omission in the Content or arising from any infringing, defamatory or otherwise unlawful material in the Content.
8.4 To the extent that any Content is made available by us online we reserve the right to suspend or remove access to such Content at any time.
9.1 We have approached the hotels listed in the Accommodation section of the Website, allowing you to book the room(s) at agreed competitive rates. Ascential does not represent or warrant that these are the best rates in Singapore and booking your room is entirely at your discretion.
9.2 The agreed hotel rates are only available for registered delegates attending the Festival.
9.3 To book a room please go to Accommodation guide on the Website after registering your delegate pass or passes. You will be able to book the room on each hotel’s website (please note some hotels will require a special code for the discount to be applied).
9.4 Your booking fee will need to be paid directly to the hotel, within the time limit specified by the hotel.
9.5 Reservations can only be confirmed and guaranteed by the hotel directly as they are subject to availability at the time of booking.
9.6 If you do not pay for your hotel reservation within the time limit specified by the hotel, your reservation may be cancelled (as advised by the hotel).
9.7 Please note that if you are cancelling a Festival pass you will need to cancel accommodation directly with the hotel. Ascential accepts no liability for the cancellation of your hotel accommodation bookings whatsoever.
9.8 Please check individual hotel pages for specific cancellation policies. If cancelling after certain dates, the hotels reserve the right to retain any deposit paid. Modifying dates after the relevant hotel’s cancellation deadline may result in the hotel retaining the total deposit or charging for the original dates of the booking.
9.9 No shows may be charged for the full stay.
9.10 Please note that all rates published are in Singapore Dollars and are subject to a 10% service charge and 7% GST.
10.1 These Terms and Conditions (together with any documents referred to herein or required to be entered into pursuant to these Terms and Conditions, including without limitation any booking form) contains the entire agreement and understanding between us and delegates and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Terms and Conditions and any such document.
10.2 You acknowledge that in purchasing a delegate pass and/or Booking any associated Accommodation you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Terms and Conditions.
10.3 These Terms and Conditions shall not create, nor shall they be construed as creating, any partnership or agency relationship between us.
10.4 You accept that communication with us may be electronic. We may contact you by e-mail or provide you with information by posting notices on our Website. You agree to this electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing.
10.5 Save as set out in clause 4 of these Terms and Conditions you are not permitted to re-sell, transfer, assign or otherwise dispose of any of your rights or obligations arising under these Terms and Conditions.
10.6 The Spikes Asia trophies and all other Spikes Asia branding are the intellectual property, including copyright, design rights and trademark rights, of Asian Advertising Festival (Spikes Asia) Pte Ltd. We Have the exclusive right to and not limited to, reproduce, manufacture, copy, and sell the Spikes Asia trophies in any size or medium, and to distribute or exploit the design of the trophies or reproductions of same by gift, sale, re-sale or licence. No reproduction, replica or other copy of the Spikes Asia trophies may be made or used by any manufacturer, advertiser, organisation or individual except in accordance with these terms unless you have the prior express written consent or license from us.
10.7 These Terms and Conditions and the rights and obligations of both parties shall be governed by, and construed in accordance with, the laws of England and Wales and both parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute which arises hereunder.
11. CONFLICTING ACTIVITIES
11.1 The Festival brings together creative views, market experts, global brands and tech gurus, along with the awards honouring the industry’s game-changing ideas. Organisations present in Singapore during the Festival are asked to share responsibility and agree to the following conditions of participation.
11.2 By hosting an event in Singapore during the Festival you agree that:
11.2.1 you shall not, directly or indirectly, organise, fund or sponsor any conflicting or competing activity in Singapore during the Festival unless your company/organisation is permitted to do so for the Festival and it is acting in conjunction with us;
11.2.2 you shall not, directly or indirectly, engage in activities that are identical or similar to those conducted by us during the Festival, or that otherwise takes commercial advantage, or is parasitic of the Festival, its brand, trademark or goodwill;
11.2.3 you shall not entice Festival delegates, sponsors or speakers away from the Festival with the intention of presenting your own competitive commercial activities which run contrary to the Festival or are to their detriment or engage them to participate in, support your event or competitive commercial activity which undermines or damages the Festival;
11.2.4 you shall not use the name, trademarks or logos of the Festival or the Spikes Asia business name to promote your event or competitive commercial activity without our prior written consent or licence; and
11.2.5 you shall not engage in promotional or branding activities, including but not limited to the distribution of leaflets, brochures or flyers whether before, during or after the Festival unless agreed in writing with us.
11.3 We reserve the right to procure the cancellation of any event that you host or manage, whether before, during or after the Festival, that is in breach of any of the terms of Clause 11.2 without any liability to you.
11.4 You acknowledge and agree that damages to our brands, goodwill and reputation are reasonably foreseeable consequences of a breach by you of Clause 11.2
12. FORCE MAJEURE
We accept no liability to you and will not pay any compensation where the performance of their obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond their reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism (or threats of such acts), fire, failure of electric power, failure of hardware or software, cyber security attacks or any collapse of building structures.
13. LIMITATION OF LIABILITY
We accept no liability whatsoever for any loss or damage suffered by you in connection with the Festival or your Accommodation, including without limitation any loss or damage to any property left in your Accommodation.
We will not be liable for any indirect, consequential or pure economic loss or any loss of profit, goodwill or opportunity (whether caused by our negligence, or the negligence of our employees, contractors or agents or otherwise).
Our aggregate liability to you in respect of all losses, liabilities or damage suffered by you arising out of or in connection with these Terms and Conditions or your attendance at the Festival, howsoever arising and whether in contract, negligence or other tortious action or otherwise, will not exceed the value of the delegate pass.
Nothing contained in these Terms or Conditions or in any other document referred to or incorporated in it shall be read or construed as excluding any liability for death or personal injury caused by our negligence or liability for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or restricted by law.
You will ensure that we, our staff and our affiliates will not suffer or incur any loss, costs, claims or expenses of any kind arising from or in connection with any act or omission by you (including anyone acting on your behalf) during or otherwise in relation to the Festival or your Accommodation.
15. FILMING AT THE FESTIVAL
Please note that we may film the Festival. We will use reasonable endeavours to ensure that delegates that may be in shot are aware (for example, by putting up filming notices). By entering an area where filming is taking place, you are deemed to consent to being filmed. You grant us a licence (which means permission) to use, edit, reproduce, record, modify, enhance, encode, translate, distribute, play, perform, make available to other users, prepare derivative works of and to display your image and/or your contribution to the film (your “Contribution”) (with or without advertising and sponsorship) by any media or methods whether now known or later developed. This licence may be exercised in our sole discretion throughout the world at any time.
You agree that this licence is: perpetual (which means it lasts forever); non-exclusive (which means you are free to grant this permission to other parties as well); royalty-free (which means we won't pay for the permission either now or in the future); and transferable (which means we can transfer the licence to others). You agree that we can sub-license this licence (which means we can grant an equivalent permission to others which may include without limitation our group companies and advertisers or sponsors). You irrevocably and unconditionally waive, in respect of your Contribution, all moral rights to which you may be entitled and any broadly equivalent rights in any territory of the world. This waiver is made in favour of us but shall also extend to our sub-licensees, assignees and successors in title.