TERMS & CONDITIONS - JOBS FOR NSW REGIONAL PITCHFEST
1. Regional Pitchfest is an idea pitching competition (Competition) run by The Trustee for Regional Pitchfest Trust (ABN 75 923 689 942) (we, us or our). It is an opportunity for regional entrepreneurs (you or a competitor) to pitch their ideas, whether it be a business, service, product or any other idea (idea), to a panel of judges in front of a live audience.
2. The judges of the Competition will award a number of prizes to competitors. The prizes are not transferable or exchangeable. If a prize is unavailable for any reason, we may substitute another item of equal value as determined by us. If, for any reason, a winner does not take an element of a prize at the time stipulated by us, then that element of the prize will be forfeited and cash will not be supplied instead.
3. Entering the Competition does not guarantee that you will win a prize or derive any other benefit. The prizes are awarded in the judges’ sole discretion. We are not responsible in any way for the decisions, actions or conduct of judges. Our decisions (and those of the judges) in respect of all aspects of the Competition are final.
4. Individuals and groups may enter the Competition. To be eligible to apply, you must:
(b) reside in rural or regional Australia within the Competition postcodes and/or Local Government Areas (LGA), as determined by us in our absolute discretion based on definitions supplied by the Australian Bureau of Statistics 2011 Accessibility Remoteness Index of Australia classification and definition by Jobs for NSW for the purposes of eligibility (Eligible Region). To confirm if you are eligible, you can select the LGA of your business address in the ‘Apply Now’ section of the Regional Pitchfest website (regionalpitchfest.com) (Website). If your business is not located in an Eligible Region, you will not be eligible to apply for the Competition, even if your residence is based in an Eligible Region.
5. To apply, you (and all members of your group (if applicable) must submit on the Website, by 9 June, 2019:
(a) a fully completed application form (to be accessed through the Website). If you are under 18 years of age, you must ensure your parent or a guardian acknowledges and consents to your application and participation as outlined herein by providing a scanned letter to firstname.lastname@example.org stating that they acknowledge and consent to your participation in the events;
(c) a 200-word bio about yourself and your journey so far; and
(d) a profile picture of yourself,
(together, an Application). We are not liable for late, lost, misdirected, incomplete or incorrectly submitted Applications.
6. By submitting an Application, you:
(a) agree to be bound by these terms and conditions;
(b) agree that we may, in our absolute discretion, select you or not select you to participate in the Competition, including the Competition final (State Final);
(c) if you are selected to participate in a Regional Pitchfest pitch event, you agree to make yourself available:
(i) during the time designated to you by the organisers of your Regional Pitchfest local pitch event on the day of the local pitching competition (on the date and at the location advised to you in your Successful Applicant Advice), to pitch your idea and participate in media interviews and photographs;
(ii) on the day after the Regional Pitchfest local pitch event, to participate in media interviews and photographs;
(iii) from midday on the day of the State Final (on the date and at the location set out on the Website), to pitch your idea and participate in media interviews and photographs;
(iv) on the day after the Regional Pitchfest State Final, to participate in media interviews and photographs;
(v) if you are selected to participate in the Regional Pitchfest State Final Event:
(A) from 4 September, 2019 to 6 September, 2019, to attend the Regional Pitchfest State Final; and
(B) on 6 September, 2019 to participate in media interviews and photographs; and
(vi) at any other times and places notified by us;
(d) warrant that you reside in an Eligible Region; and
(e) agree to provide proof of identity, proof of age or proof of business location, upon request. Identification considered suitable for verification is at our discretion.
7. We may, in our sole discretion, refuse or exclude your Application, at any time before the running of the Competition.
8. If you are selected to participate in the Regional Bootcamp in Sydney or the Jobs for NSW Regional Pitchfest State Final (each an Event), we will pay the cost of your travel to and from your business address to the Event, and your accommodation at the location of the Event. You must meet all your other costs of attending the Event and pitching your idea.
9. If any aspect of the Competition is not capable of running as planned because of any cause beyond our control, we may in our sole discretion cancel, terminate, modify or suspend the Competition.
10. We may disqualify you from the Competition:
(a) if you breach these terms and conditions;
(b) if you breach any law relevant to the Competition or your idea; and/or
(c) if you are party to any act or thing act or thing prejudicial to our goodwill, commercial reputation or overall public image.
Intellectual property and disclosure
15. You warrant that:
(a) the ideas that you present in connection with the Competition, including in your Application are your original work and not copied or adapted from any third party or source and that you own all rights (including intellectual property rights) in any idea submitted by you into this Competition;
(b) your use of ideas or information in relation to the Competition does not infringe any third party intellectual property rights; and
(c) your pitch does not include any content that contravenes any law, infringes the rights of any third party or is otherwise objectionable or inappropriate.
16. In relation to your own intellectual property rights, or intellectual property rights of others that you use with consent in relation to the Competition, you acknowledge that by disclosing information in the Competition you waive any right of confidence in relation to that information and expressly authorise us, our employees and agents, the judges, and other persons involved with the Competition to disclose the information in any way whatsoever and to use the information in any way for the purposes of or related to the Competition.
17. We recommend that you do not disclose information in relation to the Competition that would or might affect your capacity to protect and / or exploit intellectual property rights in the future by registration of rights or any other way.
18. We recommend that you seek legal advice in relation to intellectual property. You acknowledge that you have had the opportunity to do so.
19. You expressly authorise us to use the information you provide, including your name and idea or the purpose of the Competition including promoting the Competition and related activities conducted after the conclusion of the Competition.
Release and waiver
20. You agree to provide us with photographs or films, allow us to take photographs, films, sound recordings or any other digital recording of you, or participate in follow-up and promotional activities surrounding the Competition (the Media Materials), free of charge, in order to prepare promotional or other material for the purpose of or related to the Competition. You agree that copyright in the Media Materials is ours, and you consent to us using the Media Materials, your names, images and associated items in any of our publications, promotional material or for other commercial purposes. You will not be able to review the Media Materials before they are used.
21. You give us unrestricted and irrevocable right to:
(a) use, publish, broadcast, exhibit or distribute the Media Materials or reproductions or adaptations or modifications thereof in all forms and media including print and internet including social media for marketing, advertising or any lawful purpose for or related to the Competition; and
(b) provide the Media Materials to our subsidiaries, third party educational or not-for profit organisations or Australian Government organisations. You will not be advised of the specific entity provided with the Media Materials before they are used.
22. You release us from any and all claims, actions, demands, suits, liabilities, damages, expenses and obligations of any kind arising from or related to our use of the Media Materials.
Limitation of liability and indemnity
23. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law or our liabilities under those provisions:
(a) we are not liable to you for any cost incurred or loss or liability you suffer in any way in relation to the Competition. This includes personal injury and property damage.
(b) you acknowledge that the details of the Competition are set out on the Website and are subject to changes we make in our sole discretion with or without notice to you and that we do not make any warranty or representation as to:
(i) the suitability of the Competition to your circumstances;
(ii) the suitability of judges;
(iii) your prospects of winning a prize;
(iv) the effect of the Competition on you or your idea; or
(v) any other thing related to the Competition.
(c) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Competition and the subject matter of our agreement with you.
(d) we will not be liable to you for indirect or consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss of intellectual property, breach of confidence or any other commercial or economic loss of any kind).
(e) our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
24. You indemnify us in relation to any loss caused by:
(a) a breach by you of these terms and conditions; or
(b) any action by a third party in relation to your use of intellectual property in relation to the Competition.
25. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
26. You acknowledge that you have not relied on any warranty or representation other than those found in these terms and conditions.
27. If any part of these terms and conditions is invalid or unenforceable, this agreement does not include it. The remainder of the terms and conditions continue in full force.