Libation Awards Terms of Use

These Terms of Use ("Terms") govern your use of LibationAwards.com and any other websites or mobile applications operated by Libation Awards that link to these Terms (collectively, the "Website").

The Website is operated by Libation Awards, an LLC, doing business as Libation Awards ("Libation Awards," "we," "us," or "our"). These Terms form an agreement between that legal entity and you. If you act for a winery, brewery, distillery, or other organization, you represent that you have authority to bind that organization, and "you" includes the organization where applicable.

These Terms cover Website access, accounts, business profiles, competition participation, voting, and purchases. Each competition also has its own official rules or entry terms ("Official Rules"), available on its competition page or on our Official Rules page. Our Privacy Policy describes our personal information practices.

The Official Rules control competition-specific matters, including eligibility, entry requirements, judging, voting, advancement, deadlines, prizes, and winner verification. These Terms control general Website use. If they conflict on a competition-specific matter, the Official Rules control that matter. Section 16 governs disputes unless a separate agreement expressly identifies and replaces it. Mandatory legal rights always remain applicable.

By affirmatively accepting these Terms through an account, entry, voting, or checkout process, or otherwise using the Website after receiving legally sufficient notice of these Terms, you agree to them. If you do not agree, do not use the Website or participate through it.

Section 16 provides for individual binding arbitration and a class-action waiver, subject to the exceptions described there. For claims subject to arbitration, you and Libation Awards give up a court or jury trial. Section 16 also explains how to opt out within 30 days.

Questions about these Terms may be sent to info@libationawards.com.

You must be at least 18 years old to use the Website, create an account, submit or claim a business profile, enter a competition, cast or purchase votes, or purchase products or services through the Website. Permission from a parent or guardian does not replace this requirement.

Competition eligibility may include additional location, licensing, production, ownership, or other requirements described in the applicable Official Rules. Access to the Website does not establish eligibility for any competition or prize.

You are responsible for complying with applicable laws where you access or use the Website. Participation is unavailable wherever prohibited by law or the applicable Official Rules.

You agree to provide accurate, current, and complete information and to update it when necessary. Only an owner or authorized representative may register, claim, or manage a winery or other business profile. We may request reasonable verification of your identity, age, or authority.

If we display an unclaimed informational business listing, that listing alone does not mean the business has entered a competition, accepted these Terms, or endorsed Libation Awards. An authorized representative may contact us to request a correction or to inquire about claiming or removing the listing.

Keep your login credentials secure. You are responsible for activity you authorize through your account and must promptly report suspected unauthorized access. These Terms do not make you automatically responsible for unauthorized activity caused by our failure to meet an applicable legal obligation.

Do not impersonate another person or business, create accounts to evade voting limits or suspensions, or claim a profile without authorization.

Subject to these Terms, we grant you a limited, nonexclusive, nontransferable permission to access the Website for its intended purposes, including learning about competitions, managing an authorized business profile, entering eligible competitions, voting, making purchases, and promoting your participation as permitted by the Official Rules.

You may download or print materials expressly made available for that purpose, retaining copyright notices and other ownership markings. Award logos, badges, certificates, and promotional assets may be used only as authorized by Libation Awards and any accompanying usage guidelines. You must accurately identify the award, recipient, competition, category, and year when applicable.

This permission does not authorize resale of Website access, copying the Website as a competing service, or using our branding to suggest an endorsement beyond the recognition actually awarded.

Except for User Content and material owned by others, the Website and its text, design, software, graphics, photographs, videos, logos, trademarks, and arrangement of materials are owned by or licensed to Libation Awards. They are protected by applicable intellectual property laws.

You do not acquire ownership of these materials by using the Website. Except as permitted by law, these Terms, or our written permission, you may not reproduce, modify, distribute, sell, mirror, or commercially exploit them. Rights in third-party names, trademarks, photographs, and other materials remain with their respective owners.

Libation Awards may offer professionally judged beverage competitions, people's-choice competitions, and other award programs. Each program's Official Rules describe its selection method. A people's-choice result reflects voting under that program's rules and does not represent a professional tasting score unless expressly stated.

Entry does not guarantee a medal, advancement, prize, favorable review, media coverage, or increased sales. Any promised prize or promotional package consists of the deliverables specified in the Official Rules or purchase terms. We do not guarantee independent editorial coverage or a particular commercial result.

For competitions requiring product samples, follow the published submission instructions and applicable shipping laws. An accepted entry does not authorize an otherwise unlawful shipment. Unless the applicable Official Rules state otherwise, entrants are responsible for packaging, shipping costs, and timely delivery; submitted samples are used for judging and are not returned.

We may verify eligibility, investigate suspected rule violations, correct administrative errors, and disqualify entries as authorized by the Official Rules. Decisions must be made in good faith and consistently with those rules and applicable law. Administrative finality does not eliminate your rights under Section 16 or mandatory law.

Voting is available only as described in the applicable Official Rules. Those rules govern free-vote availability, vote limits, paid votes, promotional multipliers, round deadlines, vote carryover or resets, ties, and advancement. A purchase does not change those rules.

You may not manipulate voting through bots, scripts, fabricated identities, unauthorized accounts, stolen payment information, or methods intended to evade identity checks, vote limits, or other safeguards. Do not sell account access or use third-party services that generate fraudulent votes.

Entrants and supporters must follow the Official Rules concerning self-voting, purchases by entrants or their representatives, reimbursements, incentives, and organized voting campaigns. This section does not authorize a practice prohibited by those rules.

We audit votes for hacking, fraud, and other violations of the Official Rules, both while voting is open and after each round closes, before results are finalized. We reserve the right, in our reasonable discretion, to void any vote we find suspicious or inconsistent with the Official Rules, and to exclude voided votes from rankings and advancement decisions. Voided votes are not refunded except as required by law.

We may review votes and payment activity, temporarily withhold disputed votes, and remove votes reasonably determined to violate the Official Rules. Rankings may change after verification, correction of errors, refunds, or payment reversals. A chargeback alone does not establish misconduct by an entrant.

Suspected errors or manipulation should be reported promptly to info@libationawards.com, with enough detail to investigate. We may suspend affected activity while investigating and will apply any resulting remedy consistently with the Official Rules and applicable law.

The Website may offer competition entries, paid votes where expressly permitted, award merchandise, promotional services, or other products and services. The price, quantity, applicable taxes or disclosed fees, and material purchase conditions will be presented before you authorize payment.

You represent that you are authorized to use the payment method provided. Payments are processed through payment service providers. Their applicable terms and privacy notices may also govern their services. An order acknowledgment does not necessarily establish final acceptance; we may reject or cancel an order for suspected fraud, payment failure, an obvious pricing error, unavailability, or a rule violation. If we cancel an order after collecting payment, we will refund the canceled purchase.

Paid votes. A vote purchase provides the number of votes shown at checkout for the designated entrant and round or competition. Votes have no cash redemption value and cannot be resold. Purchasing votes does not guarantee a particular ranking, advancement, or victory and does not give the purchaser an ownership interest in an entrant or its prize.

Final purchases and exceptions. Except as required by law or expressly stated in the applicable Official Rules or purchase terms, entry fees and purchases of validly cast votes are final. We will correct verified duplicate charges, unauthorized charges, and charges for purchases we fail to deliver, including by issuing appropriate refunds.

If we cancel a voting competition without completing it and awarding its advertised prize, we will refund vote purchases for that competition. If we cancel a judged competition before judging your paid entry, we will refund that entry fee. A participant's disqualification under the Official Rules is not, by itself, cancellation of the competition.

Refunded or reversed vote purchases may result in removal of the corresponding votes. These Terms do not restrict lawful rights to dispute a charge with a payment provider. Contact us promptly about a billing problem so we can investigate.

Products or services other than entries and votes are subject to the return, cancellation, or delivery terms disclosed at purchase, together with applicable law. Price changes apply prospectively and do not change an accepted purchase without your agreement.

Charitable representations. We do not represent that entry fees or vote purchases are tax-deductible charitable contributions. If a competition supports a charitable organization, the applicable disclosures will identify the beneficiary and explain the contribution arrangement. Do not describe a purchase as a donation or claim a charitable partnership beyond those disclosures.

"User Content" means information or materials you submit for display through the Website or our competition communities, such as business profiles, logos, photographs, videos, descriptions, reviews, and comments. Private account, billing, and verification information is governed by our Privacy Policy and is not licensed for public promotion by this section.

You retain ownership of your User Content. You represent that you own it or have the necessary permissions to submit it and grant the permissions described here, including permission for identifiable people depicted in it where required.

You grant Libation Awards a nonexclusive, worldwide, royalty-free license to host, reproduce, format, display, distribute, and make technical adaptations to your User Content as reasonably necessary to operate the Website and administer competitions. We may permit service providers to use it only to perform those functions for us.

For content you submit as part of a business profile or competition entry, this license also permits us to promote your participation and announce or document competition results through our websites, social media, press materials, and award communications. We may make reasonable formatting edits but may not materially misrepresent your content, business, or award.

You may request removal of User Content you control. We will stop new promotional use within a reasonable period after honoring the request, subject to applicable Official Rules and legal retention obligations. Previously distributed materials, records of completed competitions and awards, and reasonable backups may remain. This license does not transfer ownership or authorize us to bring legal proceedings in your name.

Do not submit unlawful, deceptive, defamatory, threatening, harassing, sexually explicit, or infringing content. Accurate promotion of your business and competition participation is permitted through the features intended for that purpose. We may moderate or remove content that violates these Terms or applicable law.

You agree not to:

• Interfere with the Website or another person's authorized use of it.
• Introduce malware, attempt unauthorized access, or bypass security controls.
• Scrape, harvest, or systematically extract content or personal information without authorization, except where permitted by law.
• Reverse-engineer Website software except where applicable law permits it despite this restriction.
• Misrepresent your identity, authority, eligibility, voting activity, awards, or affiliation with Libation Awards.
• Infringe intellectual property, privacy, publicity, or other legal rights.
• Send spam, publish private personal information without authorization, or threaten or harass participants, supporters, judges, or staff.
• Use the Website to facilitate unlawful conduct or evade these Terms or the Official Rules.

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information and how to exercise applicable privacy rights. Acceptance of these Terms does not replace any separate consent required by law.

We may send operational communications concerning accounts, entries, votes, purchases, security, or changes affecting your use of the Website. Marketing email and text communications are subject to applicable consent and opt-out requirements. Agreement to these Terms alone does not constitute consent to marketing text messages.

If you believe material on the Website infringes your copyright, send a written notice to our designated copyright agent at:

Your notice must include:

• Your physical or electronic signature, or that of an authorized representative.
• Identification of the copyrighted work, or a representative list if multiple works are involved.
• Identification of the allegedly infringing material and its Website location, preferably with specific URLs.
• Your name, mailing address, telephone number, and email address.
• A statement that you believe in good faith that the challenged use is unauthorized by the copyright owner, the owner's agent, or applicable law.
• A statement that the notice is accurate and, under penalty of perjury, that you are authorized to act for the owner of the allegedly infringed exclusive right.

We will respond to valid notices as required by applicable law. If your content was removed by mistake or misidentification, you may send a counter-notice with your signature; identification and former location of the removed material; your name, address, and telephone number; and a statement under penalty of perjury of your good-faith belief in the mistake or misidentification. You must also consent to the jurisdiction of the federal district court for your address, or, if outside the United States, a district where we may be found, and accept service from the original complainant or its agent.

When the statutory counter-notice process applies, we will forward a valid counter-notice and restore qualifying material no sooner than 10 and no later than 14 business days after receipt, unless we receive notice of a qualifying court action. We may terminate accounts of repeat copyright infringers in appropriate circumstances and will accommodate applicable standard technical measures.

Trademark, privacy, and other complaints may be sent to info@libationawards.com. They are reviewed under the applicable legal framework rather than automatically treated as copyright notices.

We may maintain, update, suspend, or discontinue Website features for operational, security, legal, or business reasons. We will provide reasonable notice of material changes when practicable. We may restrict access promptly where reasonably necessary to address suspected fraud, security threats, unlawful activity, or material rule violations.

Changes to an active competition must follow its Official Rules and applicable law. Website changes do not eliminate payment, refund, prize, or other obligations already owed to you. Ending Website access does not automatically eliminate rights accrued before termination.

The Website may contain links or integrations provided by third parties. Their services are governed by their own terms and policies. A link does not, by itself, establish our endorsement, ownership, or control of the third party.

To the extent permitted by law, the Website and general information on it are provided "as is" and "as available." We do not guarantee uninterrupted access, error-free operation, or that all content will always be complete or current.

To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. These disclaimers do not override express commitments in the Official Rules or purchase terms, or warranties and rights that cannot lawfully be excluded.

User comments and third-party materials express their authors' views. General editorial content does not establish a competition result, an official endorsement, or a promise of a particular benefit.

To the extent permitted by law, Libation Awards and its affiliates, officers, employees, and agents will not be liable for indirect, special, incidental, consequential, or punitive damages arising from the Website or these Terms, including lost profits or business opportunities.

Subject to the exceptions below, our aggregate liability for claims arising from the Website or these Terms will not exceed the greater of $100 or the amount you paid us for the product, service, or competition giving rise to the claim during the 12 months before the event giving rise to the claim.

These limitations do not limit required refunds, an obligation to deliver an earned prize under the Official Rules, liability for fraud, willful misconduct, or gross negligence, or any liability or remedy that applicable law does not permit us to limit. If your jurisdiction does not allow a stated exclusion or limitation, it applies only to the extent lawful there.

These Terms do not impose a shorter period for bringing claims than applicable law otherwise provides.

Informal resolution

Before commencing arbitration, either party should send the other a written notice describing the dispute, relevant facts, and requested resolution. Send your notice to info@libationawards.com, with the subject "Legal Dispute Notice," or to the mailing address in Section 19. We will contact you using the contact information associated with your account or transaction.

Both parties will attempt in good faith to resolve the dispute for 30 days after receipt. Applicable filing deadlines will be tolled during this informal-resolution period to the extent permitted by law. This process does not prevent a timely filing needed to preserve a claim, an eligible small-claims action, or a request for urgent provisional relief.

Agreement to arbitrate

Except as stated below, you and Libation Awards agree to resolve disputes arising from these Terms, Website use, competition participation, or purchases through binding arbitration before one neutral arbitrator administered by the American Arbitration Association ("AAA"). The Federal Arbitration Act governs this arbitration agreement.

Consumer disputes will use the AAA Consumer Arbitration Rules and applicable consumer protections. Business disputes will use the AAA Commercial Arbitration Rules where appropriate. The applicable AAA rules govern administration and fees. Rules and filing information are available through the AAA.

We will pay fees allocated to the business under the applicable consumer rules. Consumer hearings will occur in a reasonably convenient location, with remote or documents-only proceedings available as permitted by the rules. The arbitrator may award relief available on an individual claim under applicable law. A court with jurisdiction may enter judgment on the award.

Courts, rather than the arbitrator, will decide disputes about formation of this arbitration agreement or enforceability of the class-action waiver. Other questions of arbitrability will be decided as provided by applicable law and AAA rules.

Exceptions and protected rights

Either party may bring an eligible individual claim in small-claims court. Either may seek temporary court relief needed to preserve rights pending arbitration. Claims that applicable law excludes from arbitration may proceed in court. You may contact or file a complaint with a government agency.

Nothing in this section waives a nonwaivable right to seek public injunctive relief or other relief that applicable law requires to remain available. The required jurisdictional statements for a copyright counter-notice are also unaffected.

Class action waiver

To the extent permitted by law, you and Libation Awards agree to bring claims only in an individual capacity, not as a plaintiff or class member in a class, collective, or representative action. The arbitrator may not conduct a class arbitration or combine different parties' claims without all affected parties' consent.

This waiver does not displace mandatory AAA procedures governing coordinated individual claims or restrict rights that cannot lawfully be waived. If a court finds the waiver unenforceable for a particular claim or requested remedy, that claim or remedy will proceed in court, while any severable claims subject to enforceable arbitration will remain in arbitration.

Thirty day opt out

You may opt out of the arbitration agreement and class-action waiver by sending an email to info@libationawards.com within 30 days after you first accept these Terms. Use the subject "Arbitration Opt-Out" and include your name, mailing address, account email if applicable, and a clear statement that you opt out. If accepting for an organization, identify it and your authority to act for it.

Opting out does not affect the remaining Terms or your eligibility to use the Website. If you opt out, neither party will be bound by this section's arbitration agreement or class-action waiver.

Unavailable arbitration and survival

If the AAA declines or cannot administer a dispute, the parties may agree to another administrator. If they do not agree, either may proceed in a court with jurisdiction, subject to any enforceable remaining provisions. If we fail to pay fees or comply with administration requirements, you retain remedies available under AAA rules and applicable law, including access to court where permitted.

This section survives account closure. Later changes to it will not govern a dispute that arose before the change unless both parties expressly agree after the dispute arises.

Subject to the Federal Arbitration Act and nonwaivable legal protections, these Terms are governed by the laws of the Commonwealth of Virginia, without applying conflict-of-laws rules that would select another jurisdiction's law.

For proceedings properly brought in court, you and Libation Awards consent to courts of competent jurisdiction in Virginia, except where an applicable small-claims rule, mandatory consumer protection, copyright counter-notice requirement, or other law permits or requires a different forum. This provision does not remove protections that the law of your residence makes nonwaivable.

We may revise these Terms prospectively by posting a revised version and updating the effective date. We will provide reasonable advance notice of material changes and obtain renewed agreement where required. Changes will not retroactively alter an accepted purchase or an active competition's material terms except as permitted by its Official Rules and applicable law.

These Terms, applicable Official Rules, and purchase-specific terms constitute the agreement concerning their subject matter, subject to any separately signed agreement. Our Privacy Policy governs personal information practices and remains subject to applicable law.

If a provision is unenforceable, the remaining provisions continue to apply, subject to Section 16's specific severability provisions. Failure to enforce a provision on one occasion does not waive future enforcement.

You may not transfer your account or obligations without our written consent. We may transfer this agreement in connection with a merger, reorganization, or transfer of the relevant business or assets, provided the successor assumes our obligations and the transfer does not reduce accrued rights. Any associated transfer of personal information remains subject to the Privacy Policy and applicable law.