Privacy and Legal

Antitrust Policy And Guidelines

POLICY

The Policy of the International Housewares Association (“IHA”) as a not for profit organization formed to promote, expand and foster the manufacturing , marketing and selling of housewares goods and products is to comply fully with all laws applicable to its programs and activities specifically including federal and state antitrust laws. IHA recognizes that the antitrust laws are intended to foster and protect competition, and as an association of competitors, IHA is particularly sensitive to antitrust restrictions and regulations.

One of the potential dangers which members of any trade association face is running afoul of the antitrust laws, which generally forbid any combination, contract or conspiracy that restrains trade.

The statutory penalties for violation of the antitrust laws are significant. Substantial fines may be imposed on an individual or company. In addition a company or individual injured by an antitrust violation can sue to recover threefold the damages which have been incurred.

It is therefore important for IHA, its officers, directors, staff and members to be vigilant in avoiding activities which could be construed as violating the antitrust laws.

Two concepts deserve special attention: "agreements" and activities that are "per se" illegal.

Neither a written contract nor a handshake is necessary for an illegal agreement. Tacit understandings, including responding to pressure, exerting pressure, or doing "what is expected," can be sufficient. An implied agreement may also be inferred from actions or the result of those actions.

Some activities are considered so inherently anticompetitive that they are per se illegal; that is, there is no legal defense, justification or excuse for the activity.
The following activities are among those that have been held to be per se illegal under the antitrust laws and must be avoided:

  • Agreements to fix prices – regardless of whether prices are increased, decreased, stabilized or set according to an agreed formula or subject to uniform discounts or allowances;
  • Agreements to restrict volume or production;
  • Agreements to divide or allocate territories or customers;
  • Agreements not to deal with a particular customer or supplier or group of customers or suppliers. Trade association members should, therefore, refrain from any discussion that could be interpreted as an agreement to take common action on prices or production or allocation of customers or markets. This is especially true in the setting of an informal gathering, either before or after a regular meeting.

GUIDELINES

Pursuant to its effort to comply with federal and antitrust laws, IHA adheres strictly to the following guidelines:

  • IHA Board of Directors meetings are regularly scheduled and address only appropriate IHA business.
  • Agendas are prepared, reviewed by counsel, and circulated to Board members in advance of the meetings.
  • Counsel attends all Board of Directors meetings and participates in the preparation of minutes.
  • Minutes of all Board Meetings are reviewed and approved at the following meeting of the Board.

There are other sensitive areas of IHA activity that are monitored by counsel on a continuing basis. For example, qualifications for membership have been tailored to the functions and purposes of IHA. They are not arbitrary, and a formal procedure has been adopted for handling membership applications.

All IHA programs or activities with possible antitrust implications are reviewed in advance by counsel.

The President/CEO of IHA should be informed promptly of any questions or concerns about whether conduct in connection with IHA programs and activities complies with the Policy and Guidelines.

Website Terms and Conditions of Use

  1. Consent to Terms and Conditions
    By accessing this website, you are agreeing to be bound by these website Terms and Conditions of
    Use, all applicable laws and regulations, and agree that you are responsible for compliance with any
    applicable local laws. If you do not agree with any of these terms, you are prohibited from using or
    accessing this site. The materials contained in this website are protected by applicable copyright and
    trademark law.

  2. Use License
    a. Permission is granted to temporarily download one copy of the materials (information or
    software) on the International Housewares Association (“IHA”) website for personal, non-
    commercial transitory viewing only. This is the grant of a license, not a transfer of title, and
    under this license you may not:

    i. modify or copy the materials;
    ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    iii. attempt to decompile or reverse engineer any software contained on IHA's website;
    iv. remove any copyright or other proprietary notations from the materials; or
    v. transfer the materials to another person or "mirror" the materials on any other server.

    b. This license shall automatically terminate if you violate any of these restrictions and may
    be terminated by IHA at any time. Upon terminating your viewing of these materials or upon
    the termination of this license, you must destroy any downloaded materials in your possession
    whether in electronic or printed format.

  3. Trademark / Service Mark
    All trademarks, service marks, and trade names (collectively the “Marks”), including but not limited
    to International Housewares Association, International Home + Housewares Show, and IHA are
    proprietary to IHA or other respective owners that have granted IHA the right and license to use such
    Marks. To the extent that such Marks are owned by IHA, such Marks may not be used in connection
    with any product or service that is not our product or service, in any manner that is likely to cause
    confusion among our customers or users of this website, or in any other manner in violation of the
    trademark and service mark laws, without the express written consent of IHA. You also many not
    use any Marks owned by a party other than IHA without the express written consent of such other
    owner or IHA if IHA has been given the authority to grant you permission.

  4. Disclaimer
    The materials on IHA's website are provided "as is." IHA makes no warranties, expressed or
    implied, and hereby disclaims and negates all other warranties, including without limitation, implied
    warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement
    of intellectual property or other violation of rights. Further, IHA does not warrant or make any
    representations concerning the accuracy, likely results, or reliability of the use of the materials on its
    Internet website or otherwise relating to such materials or on any sites linked to this site.

  5. Limitations
    In no event shall IHA or its suppliers be liable for any damages (including, without limitation, damages
    for loss of data or profit, or due to business interruption,) arising out of the use or inability to use
    the materials on IHA's Internet site, even if IHA or a IHA authorized representative has been notified
    orally or in writing of the possibility of such damage. Because some jurisdictions do not allow
    limitations on implied warranties, or limitations of liability for consequential or incidental damages,
    these limitations may not apply to you.

  6. Revisions and Errata
    The materials appearing on IHA's website could include technical, typographical, or photographic
    errors. IHA does not warrant that any of the materials on its website are accurate, complete, or
    current. IHA may make changes to the materials contained on its website at any time without notice.
    IHA does not, however, make any commitment to update the materials.

  7. Links
    IHA has not reviewed all of the sites linked to its Internet website and is not responsible for the
    contents of any such linked site. The inclusion of any link does not imply endorsement by IHA of the
    site. Use of any such linked website is at the user's own risk.

  8. Site Terms of Use Modifications
    IHA may revise these terms of use for its website at any time without notice. By using this website
    you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

  9. Governing Law
    Any claim relating to IHA's website shall be governed by the laws of the State of Illinois without regard
    to its conflict of law provisions.

  10. Email Harvesting
    IHA does not authorize “email harvesting” of any kind through this website – in compliance with
    provisions in CAN-SPAM, Sec. 4.(b)(2)(A)(i)(I). Visitors are not permitted to capture email addresses
    posted on this site using any methods, to use for personal databases, mailing lists, mass email
    distribution, marketing efforts and the like.

  11. Privacy Policy
    Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to
    understand how we collect, use, communicate and disclose and make use of personal information.
    The following outlines our privacy policy.
    • Before or at the time of collecting personal information, we will identify the purposes for which
      information is being collected.
    • We will collect and use of personal information solely with the objective of fulfilling those
      purposes specified by us and for other compatible purposes, unless we obtain the consent of the
      individual concerned or as required by law.
    • We will only retain personal information as long as necessary for the fulfillment of those
      purposes.
    • We will collect personal information by lawful and fair means and, where appropriate, with the
      knowledge or consent of the individual concerned.
    • Personal data should be relevant to the purposes for which it is to be used, and, to the extent
      necessary for those purposes, should be accurate, complete, and up-to-date.
    • We will protect personal information by reasonable security safeguards against loss or theft,
      as well as unauthorized access, disclosure, copying, use or modification.
    • We will make readily available to customers information about our policies and practices
      relating to the management of personal information.
    • We are committed to conducting our business in accordance with these principles in order to ensure
      that the confidentiality of personal information is protected and maintained.

Contest Official Rules and Regulations

Contest Entry and Eligibility

  1. By entering the Contest, entrants:
    1. Agree to accept and be bound by all terms of these Official Rules and Regulations; and,

    2. Agree that Illinois courts have jurisdiction over any disputer or litigation arising from or relating to Sweepstakes and that the venue shall only be Chicago, Illinois.

  2. International Housewares Association (“IHA”) and its advertising and promotion agencies are not responsible for lost, late, misdirected or stolen entries or transmissions, or problems of any kind whether mechanical, human, or electronic.
  3. IHA reserves the right, in its sole discretion, to cancel, modify or prematurely conclude the Contest should any malfunction, fraud, tampering, unauthorized intervention or other cause beyond its control corrupt the administration, security or proper operation of the Contest. False or deceptive entries or acts will render the participant ineligible and IHA reserves the right to disqualify any participant who attempts to undermine the legitimate operation of the Contest by tampering with Contest procedures, using automated entry devices or programs, acting in a disruptive manner or violating these Official Rules. Any attempt by an individual to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal civil laws. Should such an attempt be made, IHA reserves the right to seek remedies and damages (including attorney’s fees) from any such participant to the fullest extent of the law, including criminal prosecution.
  4. Void where prohibited by law. This Contest is subject to all applicable federal, state, and local laws of the United States. By participating via Twitter, Facebook or other social media tools, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of IHA and waive any and all rights to claim ambiguity in the Contest or these Official Rules.
  5. All prize details are at IHA’s discretion.
  6. Prizes are limited to one per person.
  7. Contest submissions are welcome from all legal U.S. residents only.
  8. The Contest will run for a specified period of time as stated in the marketing material announcing the Contest.
  9. All prizes will be awarded within sixty (60) days of the Contest end-date.
  10. The contest is open to all people of age 18 or greater, unless other restrictions apply.
  11. IHA will not verify receipt of entry.
  12. Automated entries and use of automated devices or programs to submit entries are grounds for disqualification.
  13. IHA employees and their family members are not eligible to participate.
  14. The Contest Winner must a resident of the United States.
  15. No purchase necessary.

Restrictions on Winning

  1. The Contest Winner must accept their prize within thirty (30) days of notification via email or an alternate Winner will be selected.
  2. A Winner is defined as the Contest participant that accepts the prize within thirty (30) days of notification and whose eligibility has been verified.

Limits of Liability

  1. Neither IHA, nor its officers, directors, agents, or affiliated entities are responsible for:
    1. Any loss (financial or otherwise), liability, injury or damage to persons property which may be caused directly or indirectly, in whole or in part, by the use or misuse of any prize items provided; or
    2. Any liability for the cancellation, modification or premature conclusion of the Contest for any reason or through the acts or defaults of any company or person providing the prize. All such losses and expenses must be borne by the affected participant and/or Winner.