iAwards

  

iAwards 2017

Terms and Conditions

  1. These Terms and Conditions incorporate and must be read together with the details outlined on the iAwards 2017 (Promotion) website at http://www.iawards.com.au/ (Website). Information about the awards and how to enter forms part of these Terms and Conditions.  By entering you accept these Terms and Conditions.
  2. The Promoter is Australian Information Industry Association Limited (ABN 19 008 568 036), Suite B (ground floor), 7-11 Barry Drive, Turner ACT 2612.

Entry Period

Clause 3

Entries open on 23/12/16 and close at 6pm (AEDT) on 23/03/17 (Entry Period).

Awards

Clause 4

There are two types of iAwards, Organisation Awards and Student Awards:


4.1 Organisation Awards

a) Entrants are companies or organisations registered and operating in Australia during the Entry Period which have an ABN (Organisation).

b) The Organisation must own the intellectual property (IP) of the Innovation.

c) At least 51% of your Organisation's "value-add" in the innovation you include in your entry (Innovation) (including design, and which can exclude major components such as hardware, operation system and database) must have taken place in Australia (Australian Content).  If requested, you must be able to provide evidence of the Australian Content of your Innovation to the satisfaction of the Promoter.

d) You must be an authorised representative of the Organisation in order to submit the entry form on behalf of that Organisation.

Joint entries

e) If your Organisation has created an Innovation for a client you can (with your client's consent) enter your Organisation and use the client as a referee; OR you can submit a joint entry with the client (and may still use the client as a referee).  Further instructions for submitting joint entries are provided on the Website.

f) If a client is used as a referee, the Promoter will assume that the client has agreed to details of the Innovation being shared for the purposes of this Promotion, on the basis set out in these Terms and Conditions.  You must ensure that the client has in fact given such agreement.

g) All parties to a joint entry will be deemed to have accepted these Terms and Conditions.

Postgraduate research entries

h) Postgraduate research entries should enter this promotion under the Organisation Awards, where the tertiary institution (or another relevant eligible Organisation with which they are affiliated in relation to their research) is listed as the Organisation, and any research partners are listed as joint entrants (with their consent). These entries should ensure the Research & Development sub-category is selected.


4.1 Student Awards

a) Entrants are individual students or groups of students who are enrolled (or who were in 2016 enrolled) at an Australian educational institution at a primary, secondary or undergraduate level (Students).

b) Students must only enter on the basis of Innovations worked on whilst enrolled as a Student in 2016 and/or 2017.  Students aged under 18 years as at the date of entry must have their parent/guardian approval to enter.

Explanatory note: Whilst Students must be enrolled as students under 4.2b, the relevant innovation may be a class project, an extra-curricular project or unrelated to the students studies. Note however that, for consistency, any award is typically made out to the relevant institution/s where the Student/s is/are enrolled (individual student names included if space permits), with certificates issued for individual Students.

c) Tertiary Students must own at least some of the IP of their Innovation, or be in the process of negotiating IP ownership with their educational institution.  If requested, you must be able to provide details of the IP ownership of your Innovation.

d) Research students cannot enter their project/innovation in the Student Awards, but may enter as specified in paragraph 4.1 (h).

Eligibility

Clause 5

Any Innovation which has won a National iAward or National merit in the iAwards competition in the previous three years (i.e. in 2014, 2015 or 2016) is ineligible to enter the 2017 iAwards, with or without product enhancement. The sole exception to this is if an Organisation has won a National iAward or National merit in the previous three years in the R&D category, and the innovation is now commercialised and fits the criteria of another category.

Clause 6

Directors, officers, management and employees of sponsors, or of agencies or companies associated with sponsors (as determined by the Promoter), and the immediate families of those people, cannot enter in the category that the relevant sponsor is sponsoring.

Innovation

Clause 7

An Innovation is considered to be an original application, product or solution (or significant upgrade in functionality of same) that has generated significant new IP.

Clause 8

Other than for Student entries, an entry must select one Core Category most closely aligned with the market targeted by the innovation. Core categories include Consumer Markets, Community Services markets, Industrial and Primary Industries Markets, Business Services Markets and Public Sector & Government Markets – see the “Categories” page on the Website for further details.

Clause 9

You can enter more than one Innovation in this Promotion, provided that a separate online entry form is submitted (and entry fee paid) for each Innovation for each Core Category submitted.

Entry

Clause 10

To enter, you must, during the Entry Period:

(a) register on the Website;

(b) fully complete the online entry form, including by answering all questions and providing all details, files and information requested; and

(c) pay the relevant entry fee of:
(i) Organisation AIIA members - $350 plus GST;
(ii) Organisation non AIIA members - $450 plus GST;
(iii) Organisation start-ups – Free*;
(iv) Student – Free.

*In order to be considered for the Startup Awards and/or receive free entry to the iAwards as a startup, organisations must meet the following criteria:

  • The organisation was registered as a company on or after 1 January 2014;
  • The founder of the company and/or the product developers must still be the significant shareholder(s) of the company; and
  • The company must not be a subsidiary of a well-established parent company.
Clause 11

At its discretion the Promoter may accept an entry or (in consultation with the entrant) change the Core Category of an entry, following the end of the Entry Period (but before judging of entries begins).

Clause 12

The State/Territory of an entry is the state or territory from which the project was implemented. Where Western Australia is selected, entry to this promotion must be via the WA Incite Awards (see www.inciteawards.org.au for full details). WA Incite Award Winners can receive entry into the National iAwards in accordance with the instructions and conditions specified by the Promoter and/or WAITTA).  Such Western Australian entrants will then be bound by these Terms and Conditions.  Western Australian/WA Incite entrants are also bound by the Terms and Conditions which apply to the WA Incite Awards. The entrant is responsible for justifying their selection if a query is raised.

Clause 13

You may be asked for referees regarding your Innovation.  A referee should be an end-user of your Innovation, who does not have a financial or beneficial interest in your Organisation or Innovation, and who is not an immediate family member of you or of any person who has a financial or beneficial interest in your Organisation or the Innovation.  In the case of a joint entry between an Organisation and a client, you are permitted to use the client as a referee.

Benefits for Entrants

Clause 14

After submitting your entry, you may be eligible to receive some Benefits for Entrants.  These Benefits will be further detailed and offered to you at the time of, or shortly after, your entry is accepted.  Details will be made available on the Website.

Clause 15

Benefits for Entrants may (if so specified on the Website) include, for entrants who are not already members of the Promoter and are eligible to become Full Members under the Promoter's Constitution, the opportunity to become a Full Member of the Promoter at no cost for a limited fixed term (as specified by the Promoter) with no automatic membership renewal at the end of that term (although at the end of that term the entrant may seek to continue as a Full Member in accordance with the Constitution, which may involve paying an additional fee).  In that case, by submitting an entry an eligible Organisation requests to be considered for membership of AIIA.  Full details of AIIA membership, including AIIA's privacy policy, are available at https://www.aiia.com.au/.

Judging

Clause 16

This is a game of skill.  A judging panel appointed by the Promoter will review each valid entry and will judge the entries in accordance with the criteria specified.  Chance plays no part in how the finalists or winners will be selected.

Clause 17

There are several judging stages.

Clause 18

Judging of entries at the State/Territory level will take place based on the information contained in your entry, including from your referees.  There will be several different winners and merit recipients determined at the State/Territory Judging stage, and they will be announced at the State/Territory iAwards Presentation Events in May/June 2017.  Further details of the State/Territory iAwards Presentation Events will be provided to entrants, and will be made available on the Website.

Clause 19

Judging and announcement of the National iAwards will take place late August in Melbourne, at times and locations to be specified.  State/Territory iAward winners and merit recipients must participate in the National iAwards as specified, including by preparing and presenting a presentation to the judging panel (either in person in Melbourne, or via a pre-prepared presentation (prepared in accordance with the Promoter's specifications)), and providing any other details or information required.  State/Territory iAward winners and merit recipients are responsible for making their own way to and from Melbourne and the National iAwards if they choose to attend in person (including purchasing tickets to the iAwards Gala Dinner where relevant).  The Promoter will not provide financial assistance to any person in order to attend the National iAwards.

Clause 20

Representatives of the Promoter may contact you and/or your referee/s at any time during the Entry Period or judging process in order to further discuss any element of your entry or Innovation.

Clause 21

The Promoter’s (and/or the Judges Council's/Chief Judge's) decision in connection with all aspects of this Promotion is final.

Clause 22

All winners and merit recipients will be notified in person at the relevant iAwards event, and/or will be contacted by phone/in writing, and may also be published online and in other publications by the Promoter.

Clause 23

Winners and merit recipients may be required to provide further detail or information regarding their Innovation, if requested by the Promoter.

Recognition and Prizes

Clause 24

24 State/Territory iAward winners and merit recipients will receive recognition and potentially prizes as specified by the Promoter (and/or detailed on the Website), and will also have the opportunity to have their entry judged in the National iAwards.

Clause 25

25 National iAward winners and merit recipients will receive recognition and potentially prizes as specified by the Promoter and/or detailed on the Website, and may also have the opportunity to participate in the Asia Pacific ICT Awards (subject to the Terms & Conditions which apply to these Awards).

Claiming of Prizes and Benefits for Entrants

Clause 26

Any prizes and Benefits for Entrants must be claimed or used as specified by the Promoter during the time period specified by the Promoter.  If an eligible entrant does not claim or use the relevant prize or Benefit as and when specified, that prize or Benefit will be forfeited.

General

Clause 27

Entries must be received during the Entry Period.  Your entry is deemed to be received only when received by the Promoter’s database.  The Promoter is not liable for any problems with communications networks.  You are responsible for your own costs associated with entering.  If you enter using automatically generated systems or multiple aliases you may be disqualified.

Clause 28

The Promoter may use (or allow others to use) high-level details about your entry (e.g. name of project, your name, your Organisation's/school's/tertiary institution's/joint entrants name, your website, your logo, 60 second video explaining the solution) to publicise this Promotion.  These rights are perpetual, royalty free, world-wide, irrevocable and transferable.  The Promoter may also decide not to publish details of a entry, to cease publication of details of a entry, or to publish edited details of a entry.  Unless your consent is obtained, the Promoter will not publish full details of an entry.  All judges, staff of the Promoter and volunteers assisting with the Promotion will be required to enter confidentiality agreements with the Promoter (if not already subject to suitable confidentiality terms) in which they undertake to keep details of all entries confidential (subject to these Terms and Conditions and standard "carve-outs" from that type of agreement).

Clause 29

You warrant that your entry does not breach any third party rights (for example, intellectual property rights) and its use by the Promoter 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).  Your entry 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).

Clause 30

If there is any dispute regarding an entry, including in relation to the ownership, originality and rights of an Innovation, the Promoter will determine in its absolute discretion whether to allow the entry to continue in the Promotion and judging process, and who will be deemed as the entrant for the purpose of that entry.

Clause 31

If your entry includes any photograph or video, you must not include any other person in your photograph/video unless they have consented to you submitting it in this Promotion.  You must not include any person in your photograph/video who is under the age of 18 years unless you have their parent’s or guardian’s consent and, if the person is aged 13 or above, that person's consent.

Clause 32

You must ensure your entry does not contain any virus, malware or other malicious or inappropriate computer code or material.

Clause 33

Entry into this competition will not affect the ownership of any IP in relation to any Innovation.  Entrants are responsible for taking any steps they consider necessary or appropriate to protect their IP, such as lodging patent applications.  While the Promoter will take steps to preserve the confidentiality of entries (as set out in clause 29), the Promoter is not responsible for any loss of rights in relation to IP (including loss of the ability to obtain a patent) that may occur in connection with an entry being lodged or the entry being dealt with in accordance with these Terms and Conditions.  Entrants warrant that they have all necessary IP rights and permissions in order to enter this Promotion.

Clause 34

Any prizes and Benefits for Entrants are subject to any additional conditions imposed by the Promoter or prize/benefit supplier, including how and when the prize/ Benefit must be used.  In the case of a dispute as to which individual will be provided with any Benefit/s or awarded a prize, the Promoter will determine the relevant individual or entity in its absolute discretion.

Clause 35

Prizes and Benefits for Entrants cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash.  Without limiting any other term of these Terms and Conditions, all prizes and Benefits (and elements of prizes and Benefits) must be taken as and when specified, or will be forfeited with no replacement.  You agree that if a prize or Benefit (or element of a prize or Benefit) is unavailable for any reason the Promoter may provide another item of equal or higher value.

Clause 36

All entrants, winners and merit recipients must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation.  All such persons consent to the Promoter using their names and images in any promotional or advertising activity.

Clause 37

If you or your entry or your Innovation are deemed by the Promoter to breach these Terms and Conditions, your entry (or at the Promoter's discretion, all of your entries) may be discarded.  The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries and the information contained within (including documentation establishing your identity and place of employment).  Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.

Clause 38

You must not:

(a)tamper with the entry or judging process;

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

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

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

(e) breach any law; or

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

Clause 39

Whilst attending an iAwards event, if you (or your companions, if applicable), in the opinion of the Promoter, are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this Promotion, is contrary to law or is otherwise inappropriate, the Promoter may invalidate your entry and/or restrict you (and your companions) from participating further in the iAwards, at its discretion.  The Promoter may disqualify all entries from, and prohibit further participation in this Promotion by, you or any or all of your companion/s if any of them breaches these conditions, whether or not legally bound by them.

Clause 40

The Promoter is not liable for entries, claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.

Clause 41

If this Promotion or any of the iAwards events 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/iAwards or disqualify affected entries/entrants.

Clause 42

The Promoter is not responsible for any tax implications arising from any person or entity winning a prize or receiving a Benefit for Entrants.  You should seek independent financial advice.  If for GST purposes this Promotion results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

Liability

Clause 43

Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).

Clause 44

Subject to the previous paragraph, the Promoter and the agencies and companies associated with this Promotion are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this Promotion or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).

Clause 45

Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this Promotion are not liable for any loss of, damage to or delay in delivery of prizes or Benefits to Entrants.  Items will only be delivered to addresses in Australia.

Clause 46

The Promoter may communicate or advertise this Promotion using Social Media Platforms including Facebook or Instagram.  However, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform.  You provide your information to the Promoter and not to a Social Media Platform.  You completely release all Social Media Platforms, including Facebook and Instagram, from any and all liability.

Collection and use of your personal information

Clause 47

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 and the iAwards. The Promoter may disclose your personal information to its related companies, agents and contractors to assist in conducting this Promotion/iAwards, communicating with you or storing data.  This may include disclosures to organisations outside Australia.  The Promoter’s Privacy Policy (see https://www.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.

Clause 48

Upon entering, you may be given the opportunity to consent to an organisation (other than the Promoter) receiving and retaining your personal information on its database.  By “opting-in” to such opportunities, you consent to the relevant organisation keeping your personal information on its database and contacting you by electronic messaging.