Innovation Challenge Terms & Conditions:
1 ENTRY AND ACCEPTANCE OF TERMS AND CONDITIONS
1.1. Submitting an entry into the challenge constitutes acceptance of these terms and conditions.
1.2 If you are making a submission on behalf of a team or an organisation, you warrant that:
a) 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; or
b) In the case of an incorporated organisation – you are authorised to agree to these terms and conditions on behalf of the organisation.
1.3 The Organisers reserve the right to amend these terms and conditions at any time up to the Closing Date.
Any changes will be posted on the https://launch.innovation.nsw.gov.au website.
1.4 The Organisers reserve the right to amend the timetable, including event dates and locations, for the challenge. Any changes will be posted on the https://launch.innovation.nsw.gov.au website.
2. ENTRANT CRITERIA
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. NSW Government employees may enter the challenge in accordance with the following additional terms and conditions:
a) NSW Government employees must obtain prior ‘secondary employment’ approval in accordance with the procedures for their agency;
b) 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;
c) Entries must not use any data or other resources available exclusively to NSW Government employees as a result of their employment; and
d) 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.
3.1 Entrants must complete and submit the application form provided at https://launch.innovation.nsw.gov.au to be considered for the challenge.
3.2 Formal applications to the challenge will be accepted from 9am Eastern Standard Time on 24 September 2018 to 5.00pm on 19 October 2018 (Closing Date).
3.3. Applications received after the Closing Date will not be considered.
3.4 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.
3.5 The Organisers reserve the right to verify the validity of entries and 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.
3.6 Entrants will not receive payment or compensation for any costs relating to the development and creation of any entry, the development of any presentation to the pitch event (see clause 4.3), 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.
3.7 Multiple entries may be submitted.
4. EVALUATION PROCESS
4.1 An evaluation panel will be appointed by NSW Department of Finance, Services and Innovation (Evaluation Panel) to assess applications. The Evaluation Panel will assess applications against the evaluation criteria determined by NSW Department of Finance, Services and Innovation in its sole discretion.
4.2. Shortlisting of applications will be undertaken following the Closing Date. Shortlisted entrants will be contacted by the NSW Department of Finance, Services and Innovation and informed of the next steps.
4.3 Shortlisted entrants will be invited to participate at a formal pitch event on 8 November 2018. As part of the pitch event entrants will present (‘pitch’) their technology or solution to an audience, including panellists from each participating agency. Only panellists will have a role in selecting the winning entry or entries.
4.4. Entrants at the pitch event will be assessed by the panellists, who will decide whether the product will be adopted for pilot and/or funding.
4.5 The Organisers’ decision regarding applications is final and not subject to negotiations or appeal. The Organisers will not disclose any details regarding the evaluation criteria, evaluation, or judging process after it has occurred except where required to do so by law.
4.6 Results will be posted on the https://launch.innovation.nsw.gov.au website.
5.1 Successful shortlisted entrants must be available to pitch their solutions on 8 November 2018. If a shortlisted entrant is unavailable, it will be excluded from further participation in the challenge.
5.2 Participants must be available to develop the agreed service or product for launch in the market by a date to be negotiated with the Organisers.
6.1 The entrants selected by the Organisers will be service delivery participants (‘Participant’) and may be awarded funding to assist with the development of their technology or solution at the discretion of the Organisers. For the avoidance of doubt, where the entry of a team of individuals or of an unincorporated organisation is selected as Participant, the team or organisation itself is deemed to be the Participant, not each individual or member comprising the team or organisation.
6.2 Subject to the terms of the agreement to be entered into pursuant to clause 6.3, the funding amount is at the discretion of each participating agency for a market ready solution.
6.3 A funding agreement will be negotiated between the Organisers and the Participant(s) regarding the payment of the funding amount and terms and conditions regarding the development and delivery of the final product or solution.
6.4. Any alteration of payments will be at the absolute discretion of the Organisers. Acceptable progress by the Participant(s) must be demonstrated to meet the criteria for payment at each stage.
6.5. The Organisers reserve the right to modify, suspend, terminate or cancel the challenge and any funding if the submissions received do not meet reasonable, minimum standards.
7. INTELLECTUAL PROPERTY RIGHTS AND LICENSING
7.1. 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.
7.2. 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 act or thing that a third-party claims infringes its Intellectual Property rights in any material submitted by entrants as part of their entry.
7.3 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.
7.4 Entrants retain Intellectual Property in their pre-existing material and grant a non-exclusive royalty-free licence to the State of New South Wales to exercise such Intellectual Property rights in such material as are reasonably necessary to consider the entrants’ application and run the challenge.
7.5 Entrants must expressly identify any pre-existing Intellectual Property (with sufficient specificity to enable their precise identification) used as part of their entry to the Organisers in writing.
7.6 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.
7.7 The making of an entry may lead to further discussion with the entrant in accordance with the Organisers’ governance and procurement procedures.
7.8 Subject to an entrant’s pre-existing Intellectual Property rights in the material comprised in an entry, an entry will be owned by the Organisers and may be used to assist in the development or further exploration of concepts or ideas provided as part of that entry.
7.9 The Organisers may, in their absolute discretion, enter into commercial negotiations with any entrant for the purpose of acquiring a licence to use the entrant’s pre-existing material on a commercial basis subject to such terms and conditions as the Organisers may agree.
7.10 In this clause 7, “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).
8.1. The Organisers have the right to disseminate information about the challenge arrangements, challenge entries, the selection of the successful applicants (including Participants 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.
8.2. 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.
9. PRIVACY AND PERSONAL INFORMATION
9.1. 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 will collect entrants' personal information to conduct the challenge. Entrants that fail to provide information to the Organiser as and when requested, may be precluded from continuing in the challenge.
9.2 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.
9.3 These terms and conditions, so far as they concern privacy and personal information, prevail to the extent of any inconsistency with such Privacy Statement.
10. CONFIDENTIALITY AND NON-DISCLOSURE
10.1. The entrant and its partners, employees and agents agree to keep confidential any information received in connection with the Innovation challenge, including but not limited to confidential information of the Organisers and other entrants and will only use such information for the purposes of the Innovation Challenge.
10.2 The entrant will take all measures necessary to keep all confidential information secure, including measures at least as stringent as those generally adopted by them for their own confidential information.
10.3 The entrant warrants it shall not, without prior written approval of the Organisers, disclose confidential information or release material of a confidential nature provided to the Entrant in connection with the provision of the challenge, to any person other than the Organisers.
10.4 The entrant acknowledges that while provisions equivalent to clauses 10.1, 10.2 and 10.3 will be agreed to by other entrants when participating in the Innovation Challenge pitch, the Organisers are not responsible for ensuring that other entrants comply with such provisions and the Organisers are not required to enforce such provisions on behalf of the entrant. The entrant should only disclose confidential information where and to the extent they consider appropriate, having regard to the public nature of the pitch and the protection such disclosure may be afforded under general equitable principles of confidentiality.
11.1 The Organisers of the challenge are the Department of Finance, Services and Innovation.
11.2 The law in force in NSW applies to these terms and conditions.
11.3 If you are a team or an unincorporated organisation, these terms and conditions bind your members jointly and individually.
12.1. Unless the context indicates otherwise:
a) “challenge“ and “competition” are used synonymously.
b) “You”, “your” and similar words refer to the person making the submission or on whose behalf the submission is made.
12.2. The singular includes the plural and vice versa.
12.3. A reference to one or more particular genders is to be taken to indicate every other gender.
12.4 Headings are for ease of reference only and must be disregarded in construing these terms and conditions.