AIIA ‘Grow with nbn’ 2017 (Promotion)

Terms and Conditions



General

1      These Terms and Conditions incorporate and must be read together with the details outlined on the AIIA ‘Grow with nbn’ 2017 website, located at www.growwithnbn.com.au (Website) and the AIIA ‘Grow with nbn’ 2017 grants platform, located at https://nbn.awardsplatform.com (Platform).  Information about the grants and how to apply forms part of these Terms and Conditions.  By entering this Promotion you accept these Terms and Conditions.

2      The Promoter is Australian Information Industry Association Limited (ABN 19 008 568 036) Suite B, 7-11 Barry Dr, Turner ACT 2612.

3      The Promotion commences at 12 noon (AEDT) on 21/11/16 and ends at 12 noon (AEDT) on 17/02/17 (Promotion Period).



Eligibility

4      Applications are open to organisations currently using an internet service over the nbn™ network (based on a wholesale speed tier of 25 Mbps or higher), registered and operating in Australia with a valid ABN during the Promotion Period (Organisation). The relevant internet connection must be in the name of the Organisation, with the exception of Organisations applying to the Community category, where the associated internet connection may be in the name of an individual connected to the Organisation.

5      Only businesses with fewer than 50 employees will be eligible to enter the ‘Business’ category of the Promotion (see ‘Categories’ below for further details).

6      Only not-for profit, incorporated organisations (Incorporated Associations or public companies limited by guarantee) will be eligible to enter the ‘Community’ category of the Promotion (see ‘Categories’ below for further details).

7      Applications must be submitted by an authorised representative of the Organisation, aged 18 years or older (Authorised Representative).

8      Directors, officers, management and employees of the Promoter, nbn co ltd (ABN 86 136 533 741), Level 11, Arthur Street, North Sydney NSW 2060 (nbn) and the immediate families of those people, cannot enter.



Categories

9      The promotion will be divided into three separate categories – Business, Education and Community (Categories).

10   When entering the Promotion, Organisations must select which Category they wish to apply to – an application into the Promotion will be with respect to the selected Category only (and will be judged against other applications in that Category).

11   If relevant, an Organisation may enter this promotion in more than one Category by submitting separate application forms in relation to each applicable Category.

12   Organisations may only submit one application per Category.



Applications

13   To apply, Organisations must, during the Promotion Period:

(a)   register via the Website and Platform (including providing information such as the Organisation name, the Authorised Representative name and contact details, basic information about the Organisation (eg size, location, website, social media pages) and information about the Organisation’s service over the nbn™ network (eg ISP, connection type, speed tier and length of connection);

(b)   fully complete the application form on the Platform by answering all questions and providing all details, files and information requested (including in particular details about how their service over the nbn™ network has helped the Organisation to innovate) in the format specified (see clause 14 for more details).

14   The information that must be provided will vary depending on the Category which an Organisation wishes to apply to, as follows:

(a)   Business

(i)    Videos:

(I)    1 x 60 second video introducing the Organisation’s team;

(II)   1 x 20 second video stating the best thing about the nbn™ network;

(III) 1 x 30 second video giving an example of a problem the Organisation has overcome through access to the internet via the nbn™ network;

(IV) 1 x 60 second video demonstrating nbn-driven solutions in use;

(V)  1 x 60 second video explaining what the Organisation looked like before it had access to a service over the nbn™ network and what it looks like now (with nbn™ network access);

(VI) 2 x 30 second testimonials about the Organisation’s experience with their service over the nbn™ network;

(VII)        1 x 30 second video explaining why the Organisation should be awarded a grant and how it would use the grant;

(ii)   Text:

(I)    1 x  written response summarising the Organisation;

(II)   1 x  written response detailing the Organisation’s customers; (confidential)

(III) 1 x written response quantifying the Organisation’s growth (financial, customers/users, other metrics); (confidential)

(IV) 1 x written response detailing reasons the planned growth strategy will be effective; (confidential)

(V)  1 x written response detailing why the Organisation has the capacity to delivery on the planned growth strategy; (confidential)

(b)   Education

(i)    Videos:

(I)    1 x 60 second video introducing the Organisation’s team;

(II)   1 x 20 second video stating the best thing about the nbn™ network;

(III) 1 x 30 second video giving an example of a problem the Organisation has overcome through access to the internet via the nbn™ network;

(IV) 1 x 60 second video demonstrating nbn-driven solutions in use;

(V)  1 x 60 second video explaining what the Organisation looked like before it had access to a service over the nbn™ network and what it looks like now (with nbn™ network access);

(VI) 2 x 30 second testimonials about the Organisation’s experience with their service over the nbn™ network;

(VII)        1 x 30 second video explaining why the Organisation should be awarded a grant and how it would use the grant;

(ii)   Text:

(I)    1 x  written response summarising the Organisation;

(II)   1 x  written response detailing the Organisation’s customers; (confidential)

(III) 1 x written response quantifying the Organisation’s growth (financial, customers/users, other metrics); (confidential)

(IV) 1 x written response detailing reasons the planned growth strategy will be effective; (confidential)

(V)  1 x written response detailing why the Organisation has the capacity to delivery on the planned growth strategy; (confidential)

(c)   Community

(i)    Videos:

(I)    1 x 60 second video introducing the Organisation’s team;

(II)   1 x 20 second video stating the best thing about the nbn™ network;

(III) 1 x 30 second video giving an example of a problem the Organisation has overcome through access to the internet via the nbn™ network;

(IV) 1 x 60 second video demonstrating nbn-driven solutions in use;

(V)  1 x 60 second video explaining what the Organisation looked like before it had access to a service over the nbn™ network and what it looks like now (with nbn™ network access);

(VI) 2 x 30 second testimonials about the Organisation’s experience with their service over the nbn™ network;

(VII)        1 x 30 second video explaining why the Organisation should be awarded a grant and how it would use the grant;

(ii)   Text:

(I)    1 x  written response summarising the Organisation;

(II)   1 x  written response detailing the Organisation’s customers; (confidential)

(III) 1 x written response quantifying the Organisation’s growth (financial, customers/users, other metrics); (confidential)

(IV) 1 x written response detailing reasons the planned growth strategy will be effective; (confidential)

(V)  1 x written response detailing why the Organisation has the capacity to delivery on the planned growth strategy; (confidential)



Assessment

15   This is a game of skill. Chance plays no part in determining the grant recipients.   Entries will be screened by the Promoter for compliance with these Terms and Conditions. All valid entries will be judged by a panel of judges appointed by the Promoter and assessed, in part, by: the proposed use of grant funds; the capacity of the organisation to effectively implement those plans; and evidence of growth/entrepreneurship in the recent past.

16   The best application in each Category as determined by a panel of judges appointed by the Promotor will receive a major grant (Major Grant Recipient). Siz runner up applications (in total, across all Categories) as determined by a panel of judges appointed by the Promotor will receive a minor grant (Minor Grant Recipient).

17   Following the determination of the Minor Grant Recipients nbn employees will review all Minor Grant Recipients’ applications and will determine one “nbn staff choice” recipient (Staff Choice Recipient).

18   Representatives of the Promoter may contact Organisations and their Authorised Representative at any time during the Promotion Period or assessment process in order to further discuss any element of their application.

19   The Promoter’s and nbn’s decision in connection with all aspects of this promotion is final and no correspondence will be entered into.

20   All grant recipients will be notified by phone/in writing within six weeks of the end of the promotion.



Grants

21   A major grant of $25,000 will be awarded to each of the Major Grant Recipients. A minor grant of $10,000 will be awarded to each of the Minor Grant Recipients.

22   A further grant of $15,000 will be awarded to the Staff Choice Recipient.

23   The total pool of funds is $150,000. There are a total of three major grants, six minor grants and one ‘staff choice’ grant to be won.

24   Grants will be provided to recipients by way of bank transfer to an account attached to the applicant organisation. Subject to the receipt of banking details, and appropriately signed invoice for grant funds, the transfer of funds will be completed by 30/04/17.

25   In the event of a grant not being accepted or claimed, the judging panel will select an alternate recipient with the application judged to be the next best application to receive that grant.



Publicity

26   Each Organisation is responsible for ensuring that its relevant staff consent to nbn (and each of its assignees and licensees) doing or omitting to do anything which may otherwise infringe any moral rights, including the right to edit, alter and reproduce the application, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).

27   Each Organisation will own its pre-existing intellectual property rights (including but not limited to its business ideas and processes) (Background IP).

28   As a condition of applying for a grant, each organisation agrees that the Promoter and nbn will have the right to use and reproduce any part of the application (including all videos, art and responses submitted with the application) not marked confidential in clause 14 for the purposes of publicising the Promotion and promoting the nbn™ network and nbn, and that this right is exclusive to nbn, perpetual, irrevocable, worldwide, royalty-free, sub-licensable and transferrable to others.

29   As a condition of accepting a grant, each recipient agrees:

(a)   that they will, if asked by the Promotor or nbn, provide a statutory declaration as evidence that their application is original;

(b)   that nbn will unconditionally own all of the recipient’s and the Organisation’s interests (including all intellectual property rights such as copyright) relating to the successful application (including all videos, art and responses submitted with the application and all information marked confidential in clause 14) but not including any Background IP;

(c)   that nbn will have the right to use and reproduce the Organisation’s Background IP for the purposes of publicising the Promotion and promoting the nbn™ network and nbn, and that this right is exclusive to nbn, perpetual, irrevocable, worldwide, royalty-free, sub-licensable and transferrable to others;

(d)   that they will, if asked by nbn, enter into a talent agreement with nbn relating to the Organisation’s (or any of its employees’) promotion of nbn and the nbn™ network, with the terms of the talent agreement to be agreed later;

(e)   that they will, if asked by nbn, sign any documents that are necessary to give effect to this clause.

30   Without limiting clause 29, each Organisation acknowledges and agrees that if their application is successful, nbn (and each of its assignees and licensees) have the right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, the application in any media including the internet, without any further consultation, reference, payment or any other compensation to the Organisation. For the avoidance of doubt, however, nbn is not required or obliged to use a particular application for promotional or other purpose.

31   Each grant recipient must, at nbn’s request, participate (and is responsible for ensuring its relevant staff participate) in all promotional activity (such as publicity and photography) surrounding the awarding of the grant, free of charge, and they consent to nbn using their name and image in promotional material in any medium throughout the world.



Other terms

32   Applications must be received during the Promotion Period.  Applications will be deemed to be received only when received by the Promoter’s database.  The Promoter will not be liable for any problems with communications networks.  Organisations are responsible for their own costs associated with applying. If applications are submitted using automatically generated systems or multiple aliases, an Organisation may be disqualified.

33   Each Organisation warrants and agrees that:

(a)   the Organisation has created the application itself;

(b)   the Organisation is entitled to reproduce and exploit all of the underlying works in the application;

(c)   the application has not been previously published in any other medium or forum worldwide; and

(d)   the Organisation has not granted rights to their application to any other person which are inconsistent with the rights granted to nbn.

34   Without limiting clause 33, the Organisation warrants that the application does not breach any third party rights (for example, intellectual property rights) and its use by the Promotor, nbn or any other person will not breach any law (for example, it is not defamatory, in contempt of court or in breach of any privacy law).  Applications must not be obscene, offensive, malicious, discriminatory, indecent or (in the Promoter's opinion) otherwise objectionable or inappropriate (for example it must not include nudity or language the Promoter deems offensive).

35   Applications that are found by the Promoter to have been derived from third party work will be considered invalid and, if awarded a grant, that grant must be returned to the Promoter.  Without limiting other rights or remedies, the Promoter reserves the right in its sole discretion to:

(a)   not consider any application which is not in accordance with these conditions of application; and

(b)   disqualify any individual who they have reason to believe has breached any of these Terms and Conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion.

(c)   The Promoter’s and nbn’s legal rights to recover damages and other compensation are reserved.

36   If there is any dispute regarding an application, the Promoter will determine in its absolute discretion whether to allow the application to continue in the Promotion and assessment process and on what basis.

37   Where an application includes any media such as photograph or video, applications must not include any other person in the photograph/video unless the Organisation has obtained written consent from the person to appear and for the photograph/video to be used for the purposes of entering this Promotion.  Persons under the age of 18 years must not be included in an application unless their parent’s or guardian’s written consent has been obtained and, if the person is aged 13 or above, that person's consent.

38   The Organisation must ensure that the application does not contain any virus, malware or other malicious or inappropriate computer code or material.

39   All grants are subject to any additional conditions imposed by the Promoter or grant supplier, including in relation to how and when the grant must be used.

40   Grants cannot be transferred or exchanged. Without limiting any other term of these Terms and Conditions, all grants must be taken as and when specified, or will be forfeited with no replacement.

41   If an application is deemed by the Promoter to breach these Terms and Conditions, the relevant application (or at the Promoter's discretion, all of the Organisation’s applications) may be discarded.  The Promoter may, at any time, require an Organisation to produce documentation to establish to the Promoter's satisfaction the validity of an application (or applications) and the information contained within (including documentation establishing the Authorised Representative’s identity and role within the Organisation).  Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.

42   Organisations and their Authorised Representatives and staff must not:

(a)   tamper with the application process;

(b)   engage in any conduct that may jeopardise the fair and proper conduct of the Promotion;

(c)   act in a disruptive, annoying, threatening, abusive or harassing manner;

(d)   do anything that may diminish the good name or reputation of nbn or any of its related entities or of the agencies or companies associated with this Promotion;

(e)   breach any law; or

(f)    behave in a way that is otherwise inappropriate.

Liability

43   The Promoter and nbn are not liable for applications, claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted for any reason.

44   The Promoter and nbn are not liable for any consequences of user error including (without limitation) costs incurred.

45   Each Organisation is responsible for any application they submit and responsible for paying the costs associated with entering the Promotion.

46   If this Promotion cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the Promotion or disqualify affected applications without liability to entrants.

47   The Promoter and nbn are not responsible for any tax, including GST, implications arising from any person or entity being awarded a grant. Organisations should seek independent financial advice.

48   Nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any consumer rights under any applicable statute including the Competition and Consumer Act 2010 (Cth).

49   Subject to clause 48, the Promoter, nbn and the agencies and companies associated with this Promotion are not liable (including in negligence) for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this Promotion or any grant, except for any liability which under statute cannot be excluded (in which case that liability is limited to the minimum allowed by law).

50   The Promoter and nbn may communicate or advertise this promotion using social media platforms including but not limited to Facebook or Instagram (Social Media Platform).  However, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform.  Each Organisation is providing their information to the Promoter (and nbn) and not to a Social Media Platform.  Each Organisation completely releases all Social Media Platforms, including Facebook and Instagram, from any and all liability connected with this promotion.



Collection and use of your personal information

51   By entering this Promotion, the Organisation represents and warrants that it has obtained the consent of all relevant individuals from the Organisation (You and Your) to the use of their personal information as described in these Terms and Conditions.

52   If the personal information requested is not provided, Your application may not be eligible to participate in the promotion.  If You do not truthfully provide all requested personal information, the Promoter may determine that your application is not eligible to be awarded a grant.

53 Promoter: The Promoter may collect Your personal information directly or through its agents or contractors.  The Promoter will use Your personal information to conduct the Promotion. The Promoter may disclose Your personal information to:

(a) nbn for the purposes of:

(i)    determining the Staff Choice Recipient;

(ii)   publicising the Promotion and grant recipients;

(iii)  promoting the nbn™ network and nbn;

(b)   its related companies, agents and contractors to assist in conducting this Promotion/communicating with you or storing data.  This may include disclosures to organisations outside Australia.

(c)   The Promoter’s privacy policy (see https://aiia.com.au/footer-pages/privacy) includes information about:

(i)    how to seek access to the personal information the Promoter holds about You and seek correction of the information; and

(ii)   how to complain about a privacy breach and how the Promoter will deal with such a complaint.

54 nbn: Your personal information may be used by nbn for the purposes notified to you.  A copy of nbn’s privacy policy is available at http://www.nbnco.com.au/utility/privacy-policy.html.