Terms of Service

1. Preamble and Acceptance

These General Terms and Conditions (hereinafter, "T&C") regulate the access to and use of the website https://topweddingawards.com/ and the contractual relationship between Iana Mesniankina (hereinafter, the "Organizer" or "We") and any professional or entity (hereinafter, the "Participant" or "You") who registers for the TOP WEDDING AWARDS (the "Project").

By checking the box "I accept the Terms & Conditions" during the registration process, the Participant explicitly accepts these T&C without reservation. These T&C constitute a binding legal agreement.

2. Nature of the Service

2.1. Service Description

The Project is a professional ranking and infrastructure project designed to identify and highlight excellence in the wedding and event industry.

2.2. Audit Service

The registration fee covers the costs of professional review, administrative processing, and inclusion in the evaluation process. The Participant acknowledges that payment does not influence the Jury’s decision and does not guarantee an award.

2.3. No Guarantee of Winning

The payment of the fee does not guarantee a specific position in the ranking, a nomination, or an award. The fee covers the administrative and operational costs of the evaluation process.

2.4. Category Adjustments

The Organizer reserves the right to cancel, merge, or split categories if the number of entries is insufficient to ensure a competitive and genuine judging process. In such cases, Participants will be moved to the most relevant alternative category. This adjustment does not constitute grounds for a refund.

3. Eligibility and Registration

3.1. Participation is open to professional photographers, videographers, agencies, venues, and other event industry specialists operating legally in Europe and other eligible regions.

3.2. The Participant warrants that all data provided during registration is true, accurate, and up-to-date. The Organizer reserves the right to disqualify any Participant providing false information without a refund.

3.3. Artificial Intelligence Policy

The TOP WEDDING AWARDS is a competition of human talent and real event execution.

• 3.3.1. Photography/Video: The use of Generative AI (e.g., Midjourney, DALL-E and other generative AI tools) to create entire images or significant elements of the composition is strictly prohibited. Basic retouching and color correction are allowed.
• 3.3.2. Verification: The Organizer reserves the right to request the original RAW files or source material to verify the authenticity of the entry. Failure to provide RAW files within a reasonable period (minimum 5 business days) from the request will result in disqualification without a refund.

3.4. Account Security. You are responsible for maintaining the confidentiality of your login credentials. The Organizer acts on instructions received under your password and is not liable for any loss or damage arising from your failure to protect your account (e.g., if a third party accesses your account and deletes your submission).

4. Fees, Taxes, and Payment

4.1. Pricing. The participation fees are indicated on the website at the time of registration.

4.2. VAT (IVA)

Prices are expressed in Euros (€) and do not initially include Value Added Tax (IVA).

• Spanish Participants: The applicable IVA rate (currently 21%) will be added to the final amount.
• EU B2B (Reverse Charge): Companies registered in the EU (outside Spain) with a valid VIES VAT number will be invoiced with 0% VAT (Reverse Charge Mechanism). If the VIES number cannot be validated, Spanish VAT will be charged.
• Non-EU Participants: VAT will not be charged, subject to applicable tax laws.

4.3. Withholding Tax (IRPF for Spanish B2B)

For Spanish B2B Participants (companies and freelancers): In compliance with Spanish tax regulations regarding professional activities (Autónomo), invoices issued to Spanish legal entities or professionals are subject to the applicable Personal Income Tax (IRPF) withholding (currently 15% or 7% for new freelancers, as applicable). The Participant is solely responsible for declaring and paying this withholding to the Spanish Tax Agency (AEAT) in accordance with the invoice provided by the Organizer. The fees listed on the website represent the gross base amount (Base Imponible) plus VAT (IVA), subject to withholding where applicable by law.

5. Cancellation and Refund Policy

5.1. Non-Refundable Fee. The registration fee is strictly non-refundable.

5.2. Waiver of Withdrawal Right. In accordance with Article 103(m) of the Spanish General Law for the Defense of Consumers and Users (TRLGDCU), the right of withdrawal (14-day cooling-off period) does not apply to the supply of digital content or services once the performance has begun.

5.3. Explicit Consent and Loss of Withdrawal Right. By submitting the application, the Participant expressly requests the immediate commencement of the evaluation service. You explicitly acknowledge that you lose your right of withdrawal (14-day cooling-off period) once the contract performance has commenced (provision of access to the Participant Dashboard and technical infrastructure for evaluation).

5.4. Force Majeure. In the event of force majeure (including but not limited to war, pandemics, natural disasters, or government restrictions) preventing the physical ceremony or standard operations, the Organizer reserves the right to hold the event or evaluation process online. In such cases, no refunds will be issued as the core service (audit and ranking) remains unaffected.

6. Intellectual Property and License

6.1. Ownership. The Participant retains the copyright and ownership of the photos, videos, and materials (the "Content") submitted to the Project.

6.2. Warranties

The Participant explicitly warrants that:

• They are the sole owner of the intellectual property rights of the Content or have written authorization from the copyright owner.
• They have obtained all necessary Model Releases from all individuals appearing in the Content (including brides, grooms, and guests).
• Minors: In the case of images depicting minors, the Participant warrants they have obtained written consent from parents or legal guardians for the publication and transfer of such images to third parties (the Organizer).

6.3. License Grant

By submitting Content, the Participant grants the Organizer a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, publicly communicate, and display the Content for the duration necessary to fulfill the purposes of the Project and maintain its historical archive.

6.4. Purpose of License

This license is strictly limited to:

• The evaluation process by the Jury.
• The promotion and marketing of the TOP WEDDING AWARDS (website, social media, press releases, exhibitions).
• The publication of the rankings and winners.
• Historical archiving of the awards.

6.5. Indemnification and Data Roles

6.5.1. Data Controller Status. The Parties acknowledge that, regarding any third-party personal data (e.g., images of people) contained in the Content, each Party acts as an Independent Data Controller under GDPR. The Participant is responsible for the lawful collection and transfer of such data to the Organizer.

6.5.2. Indemnity. The Participant agrees to indemnify, defend, and hold harmless the Organizer from any claims, damages, liabilities, or costs (including legal fees) arising from any breach of these warranties, specifically including claims regarding copyright infringement or violation of image rights (lack of Model Release). This indemnification covers any civil liability or damages caused to the Organizer due to the Participant’s failure to comply with GDPR obligations.

7. Intellectual Property: Organizer's Brand

7.1. Organizer's IP. "TOP WEDDING AWARDS", the logo, the trophy design, and the digital badges are the exclusive intellectual property of the Organizer.

7.2. Usage by Winners. Winners and Nominees are granted a limited, revocable license to use the official "Winner/Top 100" digital badges for self-promotion.

Restrictions: You may not alter the badge. You must not imply that you won an award in a year or category you did not.

7.3. No Third-Party Infringement. Participants must not use third-party trademarks in a way that infringes on the rights of third parties. The Organizer reserves the right to retroactively revoke the title, award, and license to use the badge if the Participant breaches these restrictions or the Ethical Conduct clause (8.5).

7.4. Trophies. The physical trophy remains a symbol of professional achievement. It cannot be sold, auctioned, or transferred to third parties without the Organizer's written consent.

8. The Jury and Evaluation

8.1. The Jury consists of industry experts selected by the Organizer.

8.2. The evaluation criteria are public, but the scoring and final decisions of the Jury are subjective, final, and legally binding. They cannot be appealed.

8.3. To ensure impartiality, Jury members assess anonymized entries where technically feasible.

8.4. No Influence. Any attempt by a Participant to contact Jury members to influence the vote ("lobbying") will result in immediate disqualification and a ban from future editions.

8.5. Ethical Conduct (Morality Clause). The Organizer reserves the right to revoke a title, nomination, or award if the Participant is convicted of a crime or engages in conduct that is objectively serious and demonstrably harmful to the reputation of the Project or the industry.

9. Data Protection

9.1. Data Controller: Iana Mesniankina, with NIF Z0262914Y.

9.2. Purpose: Management of participation, billing, evaluation, and, if consented, sending marketing communications.

9.3. Legal Basis

The processing of your data is based on:

• Contractual necessity (Art. 6(1)(b) GDPR): To manage your participation and billing.
• Legal obligation (Art. 6(1)(c) GDPR): For tax and accounting purposes.
• Legitimate interest (Art. 6(1)(f) GDPR): For the publication of winners and promotion of the Project.

9.4. International Transfers: The Participant acknowledges that data may be processed by third-party providers located in the USA (e.g., HubSpot), under the Data Privacy Framework (DPF) or Standard Contractual Clauses (SCC), ensuring an adequate level of protection.

9.5. Rights: The Participant may exercise their rights of access, rectification, deletion, and opposition by sending an email to info@topweddingawards.com

9.6. Historical Archive and Right to Erasure

The Participant acknowledges that the TOP WEDDING AWARDS maintains a historical archive of winners and nominees to preserve the integrity of the industry ranking.

• Winners/Nominees: Based on the Organizer's legitimate interest (Art. 6(1)(f) GDPR) in maintaining the accuracy of the awards history, the Name, Company Name, and Award Status of winners will be retained for as long as necessary to preserve the integrity and historical accuracy of the awards, subject to periodic review and the right to object under Art. 21 GDPR.
• Non-Winners: Upon a request for erasure, data of non-winning participants will be deleted or fully anonymized, except for financial data required by Spanish Tax Law (retained for up to 6 years).

9.7. Publicity (Legitimate Interest). By participating, you agree that your Name, Company Name, and Image (avatar/logo) may be published in the Ranking, Website, and Social Media if you are selected, based on the legitimate interest of the Organizer to publicize the results of the Competition.

9.8. Supervisory Authority. You have the right to lodge a complaint with the Spanish Data Protection Authority (AEPD) at www.aepd.es if you believe your rights have been violated.

10. DMCA Notice (USA Compliance)

10.1. We respect intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information (Digital Millennium Copyright Act, 17 U.S.C. § 512):

• (i) Identification of the copyrighted work;
• (ii) Identification of the infringing material;
• (iii) Your contact information.

10.2. Counter-Notification. If you believe your content was removed by mistake, you may submit a counter-notification in accordance with 17 U.S.C. § 512(g)(3) to our Copyright Agent.

Send notices to: info@topweddingawards.com

11. Liability

11.1. The Organizer acts in good faith to promote the winners but does not guarantee any specific commercial benefit or increase in sales for the Participant.

11.2. The Organizer's liability in any event constitutes a maximum of the amount paid by the Participant for the registration fee. Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable law (such as fraud, willful misconduct, or consumer rights violations).

11.3. The Organizer is not responsible for technical failures, server downtime, or payment gateway errors outside of its direct control.

12. Modifications to the Terms

12.1. The Organizer reserves the right to modify these T&C at any time (e.g., to comply with new laws or adjust operational dates). Significant changes will be communicated via email or a prominent notice on the Website. Continued use of the Service after such changes constitutes your acceptance of the new T&C.

13. Applicable Law and Jurisdiction

13.1. These Terms shall be governed by and construed in accordance with the laws of Spain.

13.2. For any dispute arising from the interpretation or execution of these T&C, the parties submit to the exclusive jurisdiction of the courts of the city of Barcelona, expressly waiving any other jurisdiction that may correspond to them. This clause does not affect mandatory consumer protection rights under EU law, which may allow the Participant to bring proceedings in their country of residence.

13.3. Alternative Dispute Resolution (ADR). In compliance with consumer protection regulations and following the discontinuation of the European ODR platform (Regulation (EU) 2024/3228), we inform you that you have the right to seek an out-of-court settlement through an accredited Alternative Dispute Resolution (ADR) entity. You can consult the official list of ADR bodies in your country (including Spain) on the European Commission's website here: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies

13.4. Severability. If any provision of these T&C is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these T&C will remain in full force and effect.