1. What is included in these terms and conditions?
(b) Nothing in these terms and conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
(c) In these terms and conditions: the Site is www.mybigidea.org.au; an Idea is an idea submitted to the Site as part of the Challenge; a Registered User is a person who is registered to comment, vote on, and share Ideas in the Challenge; an Entrant is a Registered User who enters an Idea in the Challenge; and an Applicant is an Entrant who applies to participate in the Program.
(d) By using and registering to use the Site, you accept these terms and conditions.
(e) We may update these terms and conditions from time to time, or ask you to sign up or register for new additions to, or special features on, the Site. Your use of the Site after any changes or new terms become effective will be deemed as acknowledgement and acceptance of these changes. You should frequently review the terms and conditions that apply to you and your use of the Site.
2. What is My Big Idea?
(a) My Big Idea is an initiative of Australian Futures Project Limited ABN 80 605 648 977 of 9-19 Elizabeth Street, Sydney NSW 2000 (Australian Futures Project, we, us or our). We are a registered charity. My Big Idea is not aligned to any political party or other vested interest.
(b) My Big Idea is a nationwide ideas competition that is focused on creating positive change for Australia. We’re asking Australians to submit ideas on ways to improve aspects of our country. You can submit Ideas, comment on Ideas, or vote for Ideas you like. The 10 Ideas in each of the 10 topic categories with the most online votes from Registered Users will go before a judging panel appointed by us, with 10 of those Ideas being further developed thanks to the support of some of Australia’s leading organisations.
(c) Entrants will also be invited to apply for the Program upon submitting an Idea. The first 500 Applicants who accept the invitation will be invited to participate in the Program and a further 50 will be waitlisted. If you fail to accept the invitation by the required date or choose to not take part, an Applicant on the waitlist will be invited as a replacement.
3. Who can take part?
(a) To register to use the Site and enter the Challenge, you must be at least 13 years old and be an Australian citizen or Australian resident.
(b) To apply for the Program, you must be at least 18 years old and be an Australian citizen or Australian resident.
(c) At the time of registering as a user of the Site and entering the Challenge, if you are under 18 years old (but at least 13 years old), you must obtain your parent’s or legal guardian’s consent to register to use the Site or enter the Challenge. We can do what we deem necessary to satisfy ourselves that such consent has been obtained. We reserve the right, at any time, to verify your identity and age and may, for this purpose or in relation to certain activities, request contact information from your parent or legal guardian to establish they have consented to your involvement in the Challenge.
(d) Directors, volunteers, and employees of Australian Futures Project and its related bodies corporate as well as the immediate families of each of these people are not eligible to enter the Challenge or apply for the Program.
4. Important information
(a) Ideas must be submitted after 00:01AM (AEDT) 4 June 2016 and before 11:59PM (AEDT) 3 August 2016 (Challenge Period).
(b) Ideas must be submitted through the Site only. Ideas cannot be submitted by post, email, phone, or any other channel.
(c) An Entrant may submit more than one Idea, but each Idea must be unique.
(d) We accept no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
(e) Applications for the Program must be submitted after 00:01AM (AEDT) 4 June 2016 and before 11:59PM (AEDT) 3 August 2016.
(f) Acceptance of the invitation by email to participate in the Program must be received by us before 11:59PM (AEDT) 12 August 2016. Your acceptance must be communicated to us by email.
(g) Each Entrant is responsible for their entry and for paying any costs associated with their participation in the Challenge and / or the Program (including any travel and accommodation).
(h) The only exception to (a) and (e) are Ideas and applications submitted by La Trobe University students and staff during or after a trial session on 27 May 2016.
You warrant and agree that, in relation to all materials that you contribute to the Site (whether written, photographic, or otherwise and including any Idea and any comment you make on the Site) (Content):
(a) You created the Content or, if others have assisted you in creating the Content, you have obtained all required consents to use the Content in the Challenge and Program;
(b) You are entitled to reproduce and exploit all of the underlying works in the Content;
(c) You have not granted rights to the Content to any other person inconsistent with the rights granted to Australian Futures Project;
(d) The Content has not previously been removed from the Site because it violates these terms and conditions; and
(e) The Content complies with the requirements set out in clause 6.
6. Content Requirements
All Content contributed by you to the Site must:
(a) Be clear, concise, and purposeful;
(b) Respond to, and be relevant to, the Challenge;
(c) Be open, honest, and respectful;
(d) Be submitted in your own name;
(e) Not infringe copyright or any other intellectual property or proprietary rights;
(f) Not contain misrepresentations, provide false or misleading information, impersonate any person, or suggest a connection to a group or organisation that is misleading;
(g) Not contain anything that is unlawful, malicious, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, gives rise to civil liability, or violates any law;
(h) Not contain material that is protected by trade secret unless the content is owned by you;
(i) Not be not spam;
(j) Not contain large files that might overload the site;
(k) Not contain viruses;
(l) Not cause or be likely to cause injury or harm to any person or entity;
(m) Not damage or be likely to damage our reputation, the reputation of our initiatives, or the reputation of our partners;
(n) Not contain personal or private information (except your own personal or private information required for the purposes of the registration process);
(o) Not contain solicitations for funds; and
(p) Not contain advertisements for goods or services.
7. Removal of Content and Registered Users and termination of Challenge
(a) We may, in our absolute discretion and without giving you prior notice, edit or remove Content and / or terminate or suspend your registration or bar you from any further use of the Site if we reasonably believe that:
(i) Content you have contributed to the Site or your conduct on the Site in any way breaches these terms and conditions; or
(ii) You have manipulated or tampered with or benefited from any manipulation of or tampering with the operation of the Challenge (including but not limited to soliciting votes, disguising an IP address, using multiple email addresses or aliases to submit multiple Ideas for the same person or other electronic account).
(b) We may, in our sole discretion, revoke any accolade provided to an Idea or an Entrant if the Idea does not comply with these terms and conditions.
(c) Without limiting our rights, we reserve the right to take legal action (including to recover damages and other compensation) against anyone found to have breached these terms and conditions.
(d) Our decision in relation to all aspects of the Challenge is final and no correspondence will be entered into.
(e) Upon termination of your registration, your right to use or access the Site and take part in the Challenge and the Program will immediately cease, but all provisions of these terms and conditions that relate to intellectual property, warranties, and limitations of liability will continue to apply.
(f) We reserve the right to (without prior notice) amend, alter, upgrade, reproduce or terminate the Site, its form, or its functionality.
(g) If for any reason any aspect of the Challenge or Program is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, manipulation, unauthorised intervention, fraud, technical failures or any cause beyond our control that corrupts or affects the administration, security, fairness, integrity or proper conduct of the Challenge or Program, we may in our sole discretion cancel, terminate, modify or suspend the Challenge or Program or invalidate any affected Content.
8. Reporting abusive content
If you see any content which you consider is offensive or inappropriate or which does not otherwise comply with the spirit of these terms and conditions, please report the content by emailing firstname.lastname@example.org. We appreciate your efforts to keep My Big Idea inclusive, insightful, and constructive.
9. How are the Winning Ideas chosen?
(a) Registered Users can vote for an Idea only once but can vote for as many different Ideas as they choose.
(b) The Challenge is focussed on 10 topics. The 10 Ideas under each topic with the most votes from Registered Users at the end of the Challenge Period will form a shortlist of 100 Ideas (the Shortlisted Ideas). In the case of a tie for the final Ideas to be included as Shortlisted Ideas, we reserve the right in our absolute discretion to decide which Ideas are included.
(c) We will appoint a panel of 10-20 judges (Panel) from our partners to review all Shortlisted Ideas and choose 10 winning Ideas (Winning Ideas) based on the following criteria:
(i) Public Benefit: The Idea should be clearly in the public interest, making a positive contribution to the wellbeing of a community or society as a whole, beyond the private interest of an individual or group of individuals. The Idea must not be harmful to anyone;
(ii) Technologically Feasible: While the Idea can be innovative, it must not rely on major or unrealistic advances in currently available technology;
(iii) Economically Viable: There must be at least a medium chance (as determined by us or the Panel) of the Idea having a self-funding business model or securing philanthropic or government support, at least at a pilot scale;
(iv) Clear: Ideas do not need to include a fully developed implementation strategy, but they must clearly state what the problem is that they plan to solve, and clearly explain what the proposed solution is; and
(v) Original: Ideas must not be existing projects (particularly with links to established organisations).
(d) The Panel will endeavour to consider all of the above factors equally.
(e) Although voting by Registered Users determines which Ideas are Shortlisted Ideas, the Winning Ideas will not necessarily be the Shortlisted Ideas with the most votes.
(f) If a Winning Idea does not comply with these terms and conditions, the Idea will be discarded and the Panel will choose another Idea from the Shortlisted Ideas to replace it as one of the Winning Ideas.
(g) This is a game of skill, and chance plays no part in determining the Shortlisted Ideas or Winning Ideas.
(h) The Panel’s decision is final and no correspondence will be entered into.
(i) No Registered User, Entrant, or Applicant will receive any payment or compensation regardless of whether their Idea is a Shortlisted Idea or a Winning Idea.
(j) We may require an Entrant with a Winning Idea or a Shortlisted Idea to verify their Idea and provide proof of identity, proof of age, proof of residency and, if required, proof of consent by a parent or legal guardian. Proof considered suitable for verification is at our sole discretion.
(k) Entrants who submitted a Winning Idea will be notified by email before 31 August 2016.
10. Intellectual property
(a) The Site incorporates information and content in the form of software, design, text, images, photographs, illustrations, audio, written and video material, artwork, graphics, databases, links, source codes, trademarks and other information which, as between you and us, is owned by us. You must not download, copy, use, reproduce or reference any content on the Site for business or commercial purposes.
(b) You retain ownership of your Content subject to our rights in these terms and conditions. We will attribute, at our discretion, our use of your Content and associated intellectual property to you as the owner from time to time.
(c) You consent to us (and each of our assignees, licensees or partners), without any further consultation, reference, payment or any other compensation from us, doing or omitting to do anything which may infringe any and all of your intellectual property and moral rights including editing, altering, and reproducing the Content, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
(d) You acknowledge and agree that if your Idea wins, we (and each of our assignees, licensees or partners) have the right, in our absolute discretion and without any further consultation, reference, payment or any other compensation from us, to edit, amend, copy, use, publish, broadcast, reproduce and communicate to the public, the Idea and any associated Content in any media including the internet.
(e) You agree to, without any further consultation, reference, payment or any other compensation from us:
(i) If required by us, sign a statutory declaration regarding the originality of your Content;
(ii) Grant to us (and each of our assignees and licensees), and to any third party including our partners an irrevocable, non-exclusive, perpetual, royalty-free, worldwide license (including a right of sub-license) to use, modify, copy, distribute, transmit, communicate, reproduce, publish, display, broadcast or do any other thing with your Content and associated intellectual property (including without limitation all intellectual property rights such as present and future copyright) for any purpose including incubating, piloting, developing, rolling out or any other dealing with your Content and associated intellectual property, and for use on the Site, in our or our partners’ news, media, marketing or promotional activities, or in any other medium and for any other purpose as we determine in our sole and absolute discretion;
(iii) If required by us or our partners, enter into an agreement or arrangement dealing with the incubation, piloting, development, roll-out or any other dealing with your Content and associated intellectual property;
(iv) If required by us or our partners, undertake a national police records check and working with children check; and
(v) If you are under the age of 18 years old, your parent or legal guardian must sign these documents and agree to these terms and conditions on your behalf.
(a) We and our associated agencies, companies and related bodies corporate will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Challenge, the Program, any of our initiatives, programs, events or challenges, using the Site or accepting or using any Content except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
(b) All material, content and information posted by us or our partners on the Site is provided as general information only and does not constitute professional advice of any nature. Content posted by other users of the Site is provided by, and is solely the responsibility of, the user providing that Content. We do not make any representation or warranty as to the accuracy, completeness or reliability of any material, content, information or other items contained on the Site. You are not entitled to rely on any material, content, information or other items contained on the Site unless otherwise expressly advised by us in writing.
(c) You use the Site and participate in the Challenge, the Program, or any of our initiatives, programs, events or challenges, on your own initiative and at your own risk and take responsibility for their outcome and any involvement you might have with a third party in the course of using the Site or being part of the Challenge, the Program, or any of our initiatives, programs, events or challenges. You understand that you may be required to satisfy third party terms and conditions in addition to these terms and conditions. We will not be liable for the conduct of third parties associated with the Site, the Challenge, the Program, or any of our initiatives, programs, events or challenges, including the conduct of third parties in relation to your Idea or intellectual property.
(d) You are solely responsible for ensuring that your use of the Site and participation in the Challenge and Program is legal.
12. Personal information
(a) Site users’, Registered Users’, Entrants’, and Applicants’ personal information (PI) will be collected to enable us and our agencies to conduct, administer, operate and promote the Site, the Challenge, the Program, or any of our initiatives, programs, events or challenges for present and future purposes. Your PI may be provided to third parties assisting in the conduct of the Site, the Challenge, the Program, or any of our initiatives, programs, events or challenges for present or future purposes, including but not limited to our partners, agents, contractors and, as required, to Australian regulatory authorities as well as for publicity purposes surrounding us, the Site, the Challenge, the Program, or any of our initiatives, programs, events or challenges.
(b) If you submit an Idea, your profile and Content, as submitted by you on the Site, may be published by any of our media partners’ in any medium.
(c) If the PI requested is not provided, you may not be able to register to use the Site or participate in the Challenge, the Program, or in any of our initiatives, programs, events or challenges.
(d) We may, for an indefinite period and unless otherwise advised, use your PI to contact you in relation to initiatives and opportunities associated with us and our partners, the Challenge, the Program, or for other promotional, marketing, publicity, research and profiling purposes (including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner).
(e) By using the Site, registering to use the Site and by entering the Challenge you consent to the use of your PI as described in these terms and conditions.
(f) If you do not truthfully provide all requested PI, we may determine in its sole discretion that you are not eligible to win, be shortlisted or participate in any of our initiatives, programs, events or challenges.
(g) A request to access, update, correct or remove any PI should be directed to us at email@example.com.
If a provision in these terms and conditions is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part will, to that extent, be treated as deleted from these terms and conditions for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these terms and conditions. This clause 13 does not apply and has no effect if severance of the provision of these terms and conditions in accordance with this clause materially affects or alters the nature or effect of the parties’ obligations under these terms and conditions.
14. Governing law
These terms and conditions, your use of the Site, your participation in the Challenge, the Program, or any of our initiatives, programs, events or challenges, and any disputes between you and us will be governed by and construed in accordance with the laws of New South Wales.