Youth Employment Innovation Challenge Terms & Conditions:
1. ENTRY REQUIREMENTS
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) 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:
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.
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 8.3), 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.
2.5. Multiple entries may be submitted.
3. APPLICATION PERIOD
3.1. Formal applications to the challenge will be accepted from 9am Eastern Standard Time on 9 March 2018 to 5.00pm on 10 April 2018 (Closing Date).
3.2. Applications 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 submit their proposed idea.
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 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’ 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 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 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).
6.1. The Organisers have the right to disseminate information about the challenge arrangements, challenge entries, the selection of the successful applicants (including eventual 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.
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 and the NSW Department of Industry.
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 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.
7.5. 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.
7.6. 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. EVALUATION PROCESS AND FUNDING
8.1. An evaluation panel will be appointed by NSW Department of Industry (Evaluation Panel) to assess applications. The Evaluation Panel will assess applications against the evaluation criteria determined by NSW Department of Industry in its sole discretion.
8.2. Shortlisting of applications will be undertaken following the Closing Date. Shortlisted entrants will be contacted by the NSW Department of Industry and informed of the next steps.
8.3. Shortlisted entrants will be invited to participate at a formal pitch event on 3 May 2018. As part of the pitch event, entrants will be provided with a framework to work on their idea or concept and then present (‘pitch’) their idea or concept to an audience, including the pitch event judges. However, the audience has no role in determining the winning entry or entries.
8.4. Participants at the pitch event will be assessed by the pitch event judges, who will make a recommendation to the Organisers about the entries which will qualify for the next round of the challenge.
8.5 The Organisers’ decision regarding applications is final and not subject to negotiations or appeal. The Organisers will not disclose any details regarding the any details regarding the evaluation criteria, evaluation, or judging process after it has occurred except where required to do so by law.
8.6. The entrants selected by the Organisers will be service delivery participants (‘Participant’) and may be awarded funding to assist with the development of its idea or concept. 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.
8.7. Subject to the terms of the agreement to be entered into pursuant to clause 9.3, the funding amount will be paid in instalments at the following stages to ensure completion of a market ready solution:
a) Tranche 1 at the start of the incubation process, upon signing of the funding agreement.
b) Tranche 2 when the Participant successfully completes incubation and receives a report from the incubator to this effect.
c) Tranche 3 when the Participant has a minimum viable product which is accepted by the Organisers (ie something which can be put into market and which addresses the minimum viable attributes to test and prove the hypothesis).
d) Tranche 4 consists of a number of payments over the course of the service delivery period, which ends in June 2020 and is subject demonstration of impact aligned with improving employment outcomes for young people.
The criteria for achievement of such stages are generally expressed above but will be dealt with in more detail in the funding agreement.
8.8. Any alteration of cash 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.
8.9. The Organisers reserve the right to modify, suspend, terminate or cancel the challenge and awarding of funding if the submissions received do not meet minimum standards.
9.1. Successful shortlisted entrants must be available to pitch their ideas on 3 May 2018. If a shortlisted entrant is unavailable, it will be excluded from further participation in the challenge.
9.2. 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.
9.3. A funding agreement will be negotiated between the Organisers and the Participant(s) regarding the payment of the funding amount and the development and delivery of the final product or solution.
10. COMPETITION RESULTS
10.1. Results will be posted on the https://launch.innovation.nsw.gov.au website.
11.1. The Participant 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 Participant by the Organisers in connection with the provision of the challenge, to any person other than the Organisers.
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 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.