Open Innovation Challenge Terms & Conditions:


1.             
ENTRY REQUIREMENTS

 

1.1.        Submitting an entry into the challenge constitutes acceptance of these terms and conditions.

 

1.2.        The Organisers’ decisions are in their absolute discretion and final and the Organisers will not discuss any details regarding the evaluation criteria, evaluation, or judging process after it has occurred.

 

1.3.        If you are making a submission on behalf of a team or an organisation, you warrant that:

 

In the case of a team of individuals or an unincorporated organisation - each member of the team or organisation has agreed to these terms and conditions.

 

If the organisation is incorporated – it has authorised you to agree on its behalf to these terms and conditions.


2.             
WHO CAN ENTER AND HOW ENTRIES MAY BE DEALT WITH

 

2.1.        Entry is open to individuals, and teams of individuals, who are 18 years or older and organisations (incorporated or unincorporated), resident or having a place of business in New South Wales.

 

2.2.        Entries to the challenge are welcome from NSW Government employees in accordance with the following additional terms and conditions:

 

NSW Government employees must obtain prior ‘secondary employment’ approval in accordance with the procedures for their agency.

 

Entries must not have been, and must not be, developed wholly or partially as a result of their paid employment or responsibilities as NSW Government employees.

 

Entries must not use any data or other resources available exclusively to NSW Government employees as a result of their employment.

 

Teams consisting of NSW Government employees should (as far as possible) also include non-government members to support skills growth and the wider digital economy.

 

2.3.        The Organisers reserve the right to verify the validity of entries and reserve the right to disqualify at any time any entrant for dishonest behaviour (including tampering with the entry process) or for submitting an entry which is not in accordance with these terms and conditions.

 

2.4.        Entrants will not receive payment or compensation for any costs relating to the development and making of any entry, the development of any presentation to the pitch event (see clause 4.4), and any subsequent meetings, negotiations or discussions with the NSW Government concerning the entry or the material comprised in it, including without limitation, fees for legal or other professional advice, data or internet costs, travel and other out of pocket expenses incurred as a result of their entry or participation in the challenge.

 

2.5.        Multiple entries may be submitted.


3.             
COMPETITION PERIOD

 

3.1.        Formal application submissions to the challenge will be accepted from 12pm Eastern Standard Time on 21st November 2016.

 

3.2.        Submissions received after the Closing Date will not be considered.


4.             
HOW TO ENTER

 

4.1.        Entrants must complete the application form (available on https://launch.innovation.nsw.gov.au) to define their proposed idea.

 

4.2.        The applications will be judged by a panel which will include representatives from each relevant participating agency.

 

4.3.        Shortlisting of applications will be undertaken in January 2017. Successful entrants will be contacted by the NSW Innovation Launch Team and informed of the next steps.

 

4.4.        Shortlisted entrants will be invited to participate at a formal pitch event on a future date to be determined by the Organisers and communicated to the successful applicants. As part of the pitch event, entrants will be provided with a framework to work on their product concept and then present (‘pitch’) their product concept to an audience including the judges.  However, the audience has no role in determining the winning entry or entries.

 

4.5.        The winning entry or entries at the pitch event will qualify for the next round of the challenge.


5.             
INTELLECTUAL PROPERTY RIGHTS AND LICENSING

 

5.1.        All entrants warrant that their entries do not contain any material that infringes the Intellectual Property rights or Moral Rights of anyone else and without limitation that they have obtained all necessary licences and consents required for the use of the material comprised in their entry in the manner set out in these terms and conditions (including for the State of New South Wales to use, reproduce, publish, perform or communicate to the public), and have made arrangements for the payment of any royalties or other fees payable in respect of the use of such material.

 

5.2.        Entrants will indemnify the Organisers against any third party liabilities, claims, costs, expenses (including legal costs), loss or damage incurred by the Organisers as a result of publishing or doing any other act or thing which that third party claims infringes its Intellectual Property rights in any material submitted by entrants as part of their entry.

 

5.3.        Any data supplied by the NSW Government remains the property of the NSW Government and use of that data is licensed non-exclusively and royalty-free to the entrant to exercise such Intellectual Property rights in the data as are reasonably necessary for the entrant to submit its entry and participate in the challenge.  Such licence ends on the entrant ceasing to participate in the challenge, whether by withdrawing its entry, being disqualified, being unsuccessful at any stage of the challenge, conclusion of the challenge, or any other reason whatsoever.

 

5.4.        Entrants retain Intellectual Property in material created by them for entry into this competition (unless otherwise negotiated with the Organisers) and grant a non-exclusive royalty-free licence to the State of New South Wales for one (1) year to exercise such Intellectual Property rights in such material as are reasonably necessary to consider the entrants’ application and run the challenge.

 

5.5.        Entrants acknowledge that all Intellectual Property rights in and to the Organisers’ name, products, services and the challenge are the sole and exclusive property of the Organisers.

 

5.6.        The making of an entry may lead to further discussion with the entrant in accordance with the Organisers’ or a participating agency’s governance and procurement procedures.

 

5.7.        Subject to an entrant’s Intellectual Property rights in the material comprised in an entry, an entry may be used to assist in the development or further exploration of ideas.

 

5.8.        The Organisers or a participating agency may, in their absolute discretion, enter into commercial negotiations with any entrant for the purpose of acquiring a licence to use the entrant’s material on a commercial basis subject to such terms and conditions as the Organisers or participating agency may agree.

 

5.9.        In this clause 5, “Intellectual Property” includes but is not limited to copyright, trademark, design, patent and other rights in or to the material and “Moral Rights” has the same meaning as in the Copyright Act 1968 (Cth).


6.             
MARKETING

 

6.1.        The Organisers have the right to disseminate information about the challenge arrangements, challenge entries, the selection of the successful applicants (including eventual winner of the challenge) and other details related to the challenge in their marketing and advertising, that may be published on the web, in brochures or in other forms.

 

6.2.        Entrants waive any rights including to copyright, royalties and rewards for any photography and promotional material taken, created or used as part of the challenge.


7.             
GENERAL INFORMATION

 

7.1.        The Organisers are the NSW Department of Finance, Services and Innovation.

 

7.2.        Without limiting the Privacy Statement of this website:

 

The details contained in the applications are protected by security safeguards as detailed in the Privacy and Personal Information Protection Act 1998. The Organisers collects entrants' personal information in order to conduct the competition. If the information requested is not provided, the entrant may not participate in the challenge.

 

By entering the challenge, unless otherwise advised, each entrant also agrees that the Organisers may use and / or release this information, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant and may use the information for sending electronic messages to or otherwise contacting the entrant. A request to access, update or correct any information should be directed to the Organisers whose address and other contact details may be found on this website.

 

7.3.        These terms and conditions, so far as they concern privacy and personal information, prevail to the extent of any inconsistency with such Privacy Statement.

 

7.4.        The Organisers reserve the right to amend these conditions at any time up to the Closing Date.

 

7.5.        An entry is deemed to be received when this website receives it not when the entrant submits it. The Organisers are not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries due to error, omission, tampering, deletion, theft, communications failure or otherwise. The Organisers have no control over communications networks and are not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise or for any consequences of user error including (without limitation) costs incurred.


8.             
JUDGING PROCESS & AWARDS

 

8.1.        The judges’ decisions are in their absolute discretion and final and not subject to negotiations or appeal.

 

8.2.        The entrant selected as the overall winner of the challenge (‘Winner’) will be awarded  up to $150,000 (‘seed funding amount’) by the Organisers or the relevant participating agency as a cash prize to assist with the development of its product concept.  Where there is more than one Winner, up to $150,000 will be awarded to each winner.  For the avoidance of doubt, where the entry of a team of individuals or of an unincorporated organisation is selected as a winning entry, the team or organisation itself is deemed to be the Winner, not each individual or member comprising the team or organisation.

 

8.3.        Subject to the terms of the seed funding agreement to be entered into pursuant to clause 9.3, the $150,000 seed funding amount will be paid in three instalments at the following stages to ensure completion of a market ready solution:

 

Tranche 1 at the start of product development ie provision of specifications, wireframes, agreement on platform and functionality.

 

Tranche 2 when the product is accepted by the participating agency ie a working version of the product is accepted after successful user acceptance testing.

 

Tranche 3 when the product is launched in the market.

 

The criteria for achievement of such stages are generally expressed above but will be dealt with in more detail in the seed funding agreement.  

 

8.4.        Any alteration of cash payments will be at the absolute discretion of the Organisers. Acceptable progress by the Winner(s) must be demonstrated to meet the criteria for payment at each stage.

 

8.5.        Participating agencies can contribute additional funding for product development of the overall winning submission and / or another submission, at their absolute discretion.

 

8.6.        The Organisers reserve the right to modify, suspend, terminate or cancel the online challenge and awarding of seed funding if the submissions received do not meet minimum standards.


9.             
AVAILABILITY

 

9.1.        Successful shortlisted entrants must be available to pitch their ideas on a future date to be specified. If a shortlisted entrant is unavailable, it will be excluded from further participation in the challenge.

 

9.2.        Winners must be available to develop the agreed products for launch in the marketplace by a date to be negotiated with the Organisers.

 

9.3.        A seed funding agreement will be negotiated between the Organisers and the Winner(s) regarding the payment of the seed funding amount and the development and delivery of final products.


10.         
COMPETITION RESULTS

 

10.1.     Results will be posted on https://launch.innovation.nsw.gov.au website.


11.         
NON-DISCLOSURE

 

11.1.     The Winner and its partners, employees and agents shall not, without prior written approval of the Organisers, disclose information or release material of a confidential nature provided to the Winner by the Organisers in connection with the provision of the challenge, to any person other than the Organisers.


12.         
MISCELLANEOUS

 

12.1.     Unless the context indicates otherwise:

 

“challenge“ and “competition” are used synonymously.

 

“participating agency” a NSW Government agency participating for the time being in the challenge, as indicated on this website or promotional or marketing material for the challenge.

 

“You”, “your” and similar words refer to the person making the submission or on whose behalf the submission is made.

 

12.2.     The law in force in NSW applies to these terms and conditions.

 

12.3.     If you are a team or an unincorporated organisation, these terms and conditions bind your members jointly and individually.

 

12.4.     The singular includes the personal and vice versa.

 

12.5.     A reference to one or more particular genders is to be taken to indicate every other gender.

 

12.6.     Headings are for ease of reference only and must be disregarded in construing these terms and conditions.