Awards Terms & Conditions

1. The Telstra Australian Business Awards ("Awards") are conducted by Telstra Corporation Limited ABN 33 051 775 556 of Level 2, 400 George Street, Sydney NSW 2000 (“Telstra”).
2. In these terms and conditions of entry ("Terms"), unless otherwise stated, a reference to "you" or "your" includes you in your personal capacity and as a representative of the business, as well as the business being entered into the Awards.
3. By submitting an entry to the Awards:
   a. you warrant that you have the capacity to enter the Awards in your personal capacity and as a representative of the business, as well as the business being entered into the Awards; and
   b. you agree to these Terms. Instructions on how to enter and win the Awards as set out on the Awards website at www.telstrabusinessawards.com (“Guidelines”) form part of these Terms. Entry into the Awards is deemed acceptance of the Terms and will apply during the Term.
4. The term commences when you submit an entry into the Awards, in accordance with clause 5 and ends on 31 December 2013 ("Term").

ENTRY

5. In order to enter the Awards and be eligible to win, you must:
   a. comply with the Terms and in particular the rules for entry set out in clause 6 below;
   b. enter online; and
   c. your entry must be submitted by midnight Australian Eastern Daylight Time on Thursday 4 April 2013.
6. In order to be eligible to enter the Awards you must meet the criteria set out in the Guidelines, including that you must:
   a. reside in Australia;
   b. have a registered Australian Business Number;
   c. have been operating in Australia for at least 12 months as at Thursday 4 April 2013; and
   d. be more than 60% Australian owned with the owner/s responsible for making the key management decisions.
7. Telstra reserves the right to declare any entry ineligible if, during the Term, in the reasonable opinion of Telstra or a sponsor of the Awards ("Sponsor"):
   a. you are considered to be unable to present or promote the Awards in a satisfactory manner;
   b. you have not complied with these Terms, the Guidelines or the entry form;
   c. the entry form is incomplete; or
   d. information provided by you is deficient, false or misleading in any way.

AWARDS

8. The Awards comprise of the following five categories: Micro-Business Award, Small Business Award, Medium Business Award, Start Up Award and Regional Award.
9. State and territory Awards: Finalists in each of the Award categories listed in clause 8 will be eligible to win that Award for their state/territory. Winners of the Start Up Award, Micro-Business Award, Small Business Award and Medium Business Award will be eligible to win the overall Telstra Business of the Year for their state or territory.
10. National Awards: Category winners in each state/territory will be eligible to represent their business at the National final in their respective category. Only winners of the overall Telstra Australian Business of the Year in each state/territory will be eligible to be named the 2013 Telstra Australian Business of the Year.
11. Regional Award: A regional award will be given in each state and territory, and each winner offered $2500 in prize money. This will be awarded to the business judged to be the most outstanding business located outside the metropolitan areas of the capital cities in each state and territory.
12. The Start Up Award is open to all eligible entrants with less than 200 employees, who have been only operating in Australia for 12 to 36 months, and where the business has not been purchased.
13. [Not used]

PROMOTION AND SPONSORSHIP

14. Subject to clause 43, you give Telstra and the Sponsors permission to market products and services to you as they see fit during the Term.
15. The information contained in any Awards Survey may also be used by Telstra and the Sponsors to promote the Awards and to market products and services that may be of interest to you.
16. You or another representative from your business will attend all Awards presentation events in which you qualify as a finalist, and other Awards events as notified to you by Telstra, and will be available to assist in publicising the Awards as required by Telstra and the relevant Sponsor for the event in which you are a finalist.
17. If you are an Award winner, you or your representative will be available for promotional appearances during the Term for Telstra and the Sponsors ("Promotional Appearances"). The Promotional Appearances will promote the Awards, Telstra (including its products or services) and the Sponsors (including its products or services) and:
    a. during each Promotional Appearance you or your representative must, if requested, verbally endorse Telstra or the relevant Sponsor for the event in which you are the winner;
    b. Telstra or the Sponsor must give the Award winner at least 7 days notice of the time, date and location of each Promotional Appearance. In recognition of your busy schedule, Telstra and the Sponsors will ensure that the time, date and location of each Promotional Appearance does not unreasonably interfere with your business commitments; and
    c. for each requested Promotional Appearance, the party requesting the appearance will pay the reasonable travel and accommodation expenses for you or your representative.
18. During the Term, Telstra or the Sponsors may use:
    a. your business logo, your business identity and your or your representative's personal identity anywhere in the world in any advertisement or other material which promotes the Awards or the products or services of Telstra or the Sponsor; and
    b. details about you and your business in printed, electronic and internet-based media (as Telstra or the Sponsor considers appropriate) in promoting the Awards and the products and services of Telstra and the Sponsors during the Term,
    without compensation to you. Prior to using your business identity, your or your representative's personal identity, or details about you or your business, Telstra or the Sponsor will obtain your prior approval, which you will not unreasonably withhold.
19. You agree to allow Telstra and the Sponsors to contact you to provide comments about the Awards and to take photos or video footage of you, your business and your representative(s) ("Materials"). In relation to the Materials:
    a. Telstra and the Sponsors may use it for their future promotional and marketing purposes without further reference or compensation to you;
    b. Telstra and the Sponsors may duplicate, alter, adapt and utilise the Materials at any time, anywhere, and by any means;
    c. Telstra and the Sponsors may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
    d. you acknowledge that, by entering the Awards, you grant to Telstra and the Sponsor on creation of the Materials a world wide, royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
    e. you unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of your moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given ("Moral Rights");
    f. you waive all Moral Rights in the Materials that arise outside Australia; and
    g. you agree not to institute, maintain or support any claim or proceeding for infringement of your Moral Rights in the Materials.

BUSINESS HEALTH CHECK

20. By completing the Awards entry process, you:
    a. acknowledge that Telstra will provide you with a Business Health Check report based on your entry into the Awards ("Business Health Check"); and
    b. acknowledge that the results and the Business Health Check may only be used in accordance with these Terms.
21. Telstra, in its sole discretion, has the right to elect not to provide a Business Health Check to you, without notice or compensation to you.
22. Telstra accepts no responsibility for any Business Health Check not received by the entrant for any reason.

MINI HEALTH CHECK

23. Even if you have not submitted an entry into the Awards, by completing the application on the Awards website to receive a Mini Health Check (“Mini Health Check”), you agree to comply with clauses 23 to 33 and clause 43 of these Terms where these clauses refer to the Mini Health Check, including that you acknowledge that the results and the Mini Health Check may only be used in accordance with these Terms.
24. Telstra, in its sole discretion, has the right to elect not to provide a Mini Health Check to you, without notice or compensation to you.
25. Telstra accepts no responsibility for any Mini Health Check not received by you for any reason.

INTELLECTUAL PROPERTY RIGHTS

26. Telstra and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Business Health Check and the Mini Health Check. Except as expressly provided in these Terms, nothing set out in these Terms shall be construed as conferring any license or right under copyright or other intellectual property rights in the Business Health Check or the Mini Health Check other than as contemplated by these Terms. You agree that the Business Health Check and the Mini Health Check may be protected by copyright, trade marks, patents or other proprietary rights and laws.
27. In consideration of you agreeing to these Terms, Telstra and others grant you an exclusive, non transferable, licence to:
    
    a. use the Business Health Check and the Mini Health Check in accordance with these Terms; and
    b. reproduce the Business Health Check and the Mini Health Check for your own personal use in accordance with these Terms.

WARRANTY

28. The Business Health Check and Mini Health Check are provided for the purpose of providing you with feedback regarding your business. If you submitted an eligible entry, you will receive a Business Health Check based on the information provided in your entry into the Awards.
29. Telstra is not in the business of providing legal or financial advice. The Business Health Check and Mini Health Check are not intended to, and do not constitute, legal or financial advice.
30. To the full extent permitted by law, Telstra disclaims any and all express or implied warranties, guarantees or representations regarding:
    a. the accuracy, reliability, timeliness or otherwise of any information contained or referred to in the Business Health Check or the Mini Health Check; and
    
    b. the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to in the Business Health Check or the Mini Health Check.

LIABILITY

31. Telstra will not be liable, and expressly excludes any liability for any loss, injury or damage which results directly or indirectly from the Awards, the Business Health Check or the Mini Health Check which are the consequence of you acting, or failing to act, on any information contained in or referred to in the Business Health Check or the Mini Health Check.
32. Telstra is not liable, and expressly excludes any liability to you for:
    a. errors or omissions in the Business Health Check or the Mini Health Check; and
    
    b. defamatory, offensive or illegal content in the Business Health Check or the Mini Health Check, whether caused through the negligence of Telstra, its employees or independent contractors, or through any other cause.

INDEMNITY

33. You will at all times indemnify, keep indemnified, defend and hold harmless Telstra and its respective officers, employees and agents (“Indemnified Persons”), from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of the Indemnified Persons arising from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you, and use of the material and/or information supplied by you under these Terms.

GENERAL

34. At any time during the Term, Telstra reserves the right to disqualify entries in the event of non-compliance with these Terms.
35. If you, your business or your representatives are involved in any conduct or activity that:
    a. is illegal;
    b. is fraudulent;
    c. may harm Telstra or its name or reputation; or
    d. breaches these Terms,
    
    Telstra may, in its discretion, withdraw any award and associated prizes that you have received. If requested by Telstra, you agree to no longer publically promote yourself, your business or your representatives as being associated with the Awards, Telstra or the Sponsors. To avoid doubt, this clause survives the expiration of these Terms.
36. If Telstra (or a Sponsor) is unable to provide a winner with a nominated prize, Telstra (or the Sponsor) reserves the right to supply an alternative prize of similar monetary value. Telstra accepts no responsibility for any variation in the retail value of the prize pool.
37. The judges' decision is final and no correspondence will be entered into.
38. Telstra accepts no responsibility for entry submissions not received by Telstra for any reason.
39. All entry submissions are the property of Telstra. As the Awards are a competition, unfortunately it is not possible to provide feedback on your individual entry submission.
40. Telstra, in its sole discretion, has the right to alter or cancel part or all of the Awards at any time.
41. Telstra will not be liable for any loss, injury or damage which results directly or indirectly from the Awards, including the breach of any third party intellectual property rights.
42. Prizes are not transferable or exchangeable and cannot be redeemed for cash. Terms and conditions of use apply to the prizes, and all prizes must be claimed by 30 June 2014.
43. Telstra collects personal information about entrants to include in the Awards, to generate the Business Health Check, the Mini Health Check and, where appropriate, award prizes. If the personal information requested is not provided, the entrant cannot participate in the Awards, receive a Business Health Check or Mini Health Check. By participating in the Awards and receiving a Business Health Check, or applying to receive a Mini Health Check on the Awards website, you confirm that you consent, until such a time as you withdraw your consent by giving notice to Telstra, to Telstra using, and disclosing your personal information to Telstra's related entities, Telstra's agencies, the Sponsors and other third parties engaged to provide services in connection with the Awards, the Business Health Check and the Mini Health
Check, for the following purposes:
a. administering the Awards;
b. generating the Business Health Check;
c. generating the Mini Health Check;
d. improving Telstra's, its related entities' or Sponsors' products and services;
e. contacting you in the future for Telstra's, Telstra's related entities' or Sponsor's marketing purposes via any medium including mail, telephone (regardless of whether the entrant is registered on the Do Not Call Register) and commercial electronic messages (SMS, MMS, Instant Messaging and email) or any other media; and
f. in Telstra's and its agencies' case, the purposes set out in Telstra's Privacy Statement which is available at www.telstra.com.au/privacy/privacy_statement.html or by calling 1800 039 059.
If you wish to gain access to, update or correct any personal information held by Telstra, withdraw your consent to receive further marketing material from Telstra about Telstra’s products and services you may do so by calling Telstra on 1800 039 059. If you wish to opt out of receiving Awards material or further marketing material from Sponsors, or request that your personal information not be disclosed to Sponsors, you may do so by calling the Telstra Awards Team on 1800 262 323 and quoting your Awards Reference number.
44. You agree that your business premises will be available to Telstra at an agreed time for Telstra or a Sponsor to conduct an inspection of the premises for the purposes of evaluating your entry in the Awards.